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A mathematical calculation is made based on the parents’ combined income, the number of children, the costs of certain expenses for the children, and the number of overnights the children spend with the non-custodial parent. The calculation for shared custody starts when the non-custodial parent has at least 92 overnights (25%) with the children per year. When the non-custodial parent has less than 92 overnights, the custodial parent has sole custody.

The Child Support calculation also considers childcare costs, health insurance costs, transportation costs between parents’ homes, and extraordinary medical expenses. The child support guidelines are used to set the child support obligation based on the parents’ combined incomes and the number of children.

Child support rules in Maryland are undergoing changes taking affect in October 2020 and October 2021. The recent change increased the ceiling for combined monthly income from $15,000 to $30,000. Previously, if the incomes amounted to more than $15,000, the judge would be able to use his or her discretion in setting the obligation.

What Can Be Done If Someone Fails To Pay Child Support?

In Maryland, a person can apply for child support through the Child Support Enforcement Administration, which is staffed by attorneys who can aid in the process. Alternatively, a parent can file for child support with their own motion through the court.

When there is an order for child support and child support payments are not being made, the Office of Child Support Enforcement can suspend the driver’s license of the parent who is violating the order, as well as calculate the child support arrears and take over the parent’s paychecks to pay the obligation.

A parent also has a right to file for contempt of that child support order themselves, and to have a contempt action started. The parent in contempt of the order could be incarcerated, but will often agree to make payments, justify the lack of payment, or improve their situation before more serious actions are taken. The method for a person to file a contempt can result in a judgment being issued against the other party, and that judgment can become a debt. The person can put liens on the person’s properties, bank account, or even their payroll account if they get a judgment, just like any other creditor.

It often takes a long time to get those kinds of decisions finalized, and it’s very difficult for some people to last that long during the waiting period. Another problem is that if people are self-employed, it’s more difficult to find out their true income without the use of experts and things of that nature. There are often challenges, but the courts do have definite means of addressing the issue of non-compliance with child support orders.

For more information on Child Support In a Maryland Divorce Case, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (240) 331-0083 today.

Andrei Blakely

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