Understanding how child support is calculated is crucial for parents throughout Maryland. Maryland uses a standardized formula – known as the Child Support Guidelines – to determine the amount one parent pays the other for the support of their children.
Courts generally order the guideline amount unless it would be unjust or inappropriate in a particular case. In this guide, we'll break down how Maryland's child support calculations work, what factors influence the amount, and how custody arrangements and special circumstances can affect the result.
What Are Maryland's Child Support Guidelines?
Maryland's Child Support Guidelines follow an "income shares" model designed to estimate what parents would spend on the child if they lived together. In simple terms, the formula considers both parents' incomes and certain child-related expenses to arrive at a fair support amount. The idea is that the child should benefit from the same proportion of parental income as if the household were intact.
Under the guidelines, both parents are financially responsible for their child. Typically, the non-custodial parent (the one with less parenting time) makes payments to the custodial parent (who has primary physical custody). However, the calculation isn't arbitrary – it's based on a variety of factors plugged into a formula set by state law. The court will usually stick to the guideline amount unless evidence shows that amount would be unfair or inadequate for the child's needs. Only in rare situations will a judge deviate downward or upward from the guideline, and even then it must be in the child's best interest.
It's important to note that the guidelines apply to most cases, up to a combined parental income of $30,000 per month. If both parents' incomes together exceed that ($30k/month), the court is not required to use the formula and can instead set support based on the child's reasonable needs. This usually affects very high-income families – for everyone else, the standard formula will be used.
Key Factors in Calculating Child Support
To calculate child support in Maryland, you'll need to gather some key financial information for both parents. The most important factors in the guidelines formula include:
- Each Parent's Actual Income: This means all sources of income, such as salaries, wages, bonuses, Social Security benefits, unemployment benefits, etc. Certain means-tested benefits (like temporary cash assistance, food stamps, SSI) are not counted as income for child support. Essentially, the court looks at what each parent truly earns or is capable of earning each month.
- Adjusted Actual Income: From each parent's gross income, the law subtracts any pre-existing child support obligations for other children and any alimony payments a parent is actually paying to a former spouse. The result is the "adjusted" income used in the child support calculation. (Alimony received from someone else would be added to a parent's income, whereas alimony paid out is subtracted.)
- Work-Related Child Care Expenses: These are costs for daycare, babysitters, or before/after-school care that enable a parent to work or attend job training. Only reasonable child care expenses incurred due to employment or job search are included.
- Health Insurance for the Child: Any health insurance premiums either parent pays for the child are factored in. For example, if one parent covers the child on their employer's health plan, the portion of the premium attributable to the child is counted in the support worksheet.
- Extraordinary Medical Expenses: These refer to significant uninsured medical costs for the child. Maryland defines "extraordinary" medical expenses as out-of-pocket costs over $250/year for things like orthodontics, dental care, asthma treatment, physical therapy, counseling/therapy, or other special health needs. Regular co-pays or routine expenses under $250/year are usually considered part of normal child-rearing costs, but above that threshold they are added into the support calculation.
These factors are entered into Maryland's child support worksheets (Form MD Rule 9-206 worksheets) to compute the recommended support amount. You can find the official worksheet form on the Maryland Courts website, and the Maryland Department of Human Services even provides an online Child Support Calculator tool to estimate payments. Keep in mind that any calculator's result is an estimate – the court's determination may differ if your situation has nuances that the basic formula doesn't capture.
How Child Support Is Calculated (Step by Step)
Once the financial factors are gathered, Maryland's guidelines apply them in a series of steps to arrive at the support obligation:
- Calculate Each Parent's Income: Determine each parent's actual monthly income from all sources. For most people, this is straightforward (salary or wages); for others, it includes averaging irregular income like bonuses or self-employment earnings.
- Apply Adjustments to Income: Calculate each parent's adjusted income by subtracting any existing child support they pay for other children and any alimony they pay to a former spouse.
- Determine Basic Child Support Obligation: Add the parents' adjusted incomes together. Using that combined income and the number of children, refer to the Maryland Child Support Guidelines chart to find the basic child support obligation.
- Add Extra Expenses: Add in the allowable extra expenses: work-related child care, the child's health insurance cost, and extraordinary medical or special expenses.
- Calculate the Final Support Amount: The non-custodial parent is typically ordered to pay their percentage share of the total obligation to the custodial parent.
The Impact of Custody and Parenting Time
Custody arrangements play a significant role in child support calculations. Maryland's formula accounts for how many overnights the child spends with each parent in a year. In general, there are two scenarios: sole (primary) custody and shared physical custody.
Primary Physical Custody
If one parent has the child for most of the year (the other parent has the child less than 25% of overnights), the guidelines treat the situation as sole custody for calculation purposes. 25% of overnights equals about 92 nights per year.
Shared Physical Custody
Maryland law defines "shared" custody as each parent having the child for more than 25% of the overnights in a year. When the non-custodial parent has the child overnight at least 92 nights a year (25%) or more, the support calculation changes to account for shared expenses.
"More parenting time means a lower payment because expenses are being more equally split between both parents."
Voluntary Impoverishment and Imputed Income
What happens if a parent isn't earning any income or earns far less than they could? Some parents mistakenly think they can avoid paying child support by quitting their job or taking a lower-paying job. Maryland courts are wise to this and will not let a parent off the hook for support obligations by voluntarily impoverishing themselves.
Voluntary impoverishment means a parent has made a free and deliberate choice not to work, or to earn significantly less, in order to reduce their child support. If the court finds a parent is underemployed or unemployed by choice, it can impute income to that parent.
Imputing income means the court will calculate child support as if that parent is earning a certain amount, even if they actually aren't earning it. The judge will look at evidence to decide what that parent could be earning based on factors like education, job skills, past work experience, and job opportunities in the area.
Changing or Modifying a Child Support Order
Life circumstances can change, and child support orders are not set in stone. Maryland courts retain jurisdiction to modify (increase or decrease) a child support order if there has been a "material change in circumstances." Common examples include:
- A substantial rise or drop in one parent's income
- A change in the custody/overnight arrangement
- The birth of a new child either parent must support
- A major change in the child's needs (like new medical expenses)
- One parent's relocation affecting visitation costs
Maryland updates its Child Support Guidelines periodically. The most recent updates came in 2020 and again in 2024, reflecting modern costs of living and child-rearing. The 2024 revisions implemented further changes to account for rising expenses – things like cost-of-living increases, healthcare costs, educational needs, and childcare costs were given more weight in the new formula.
Final Thoughts
Calculating child support in Maryland may seem complicated, but it follows a structured formula intended to be fair and consistent. By understanding the basics of how the guidelines work – from the incomes and expenses considered to the effect of custody arrangements – parents can better anticipate what to expect.
Remember that every family's situation is unique. While the guidelines provide a presumptive amount, there is room for adjustments if special factors apply, and the court's primary concern will always be the best interests of the child.