Child support is one of the most important financial responsibilities that parents share after separation or divorce. In Maryland, both parents are legally obligated to support their child or children according to their ability to provide for them. The state’s child support system is built around fairness, ensuring that children continue to receive adequate financial care, no matter which parent they live with.
Under Maryland Family Law, both parents are required to support their children financially, regardless of their marital status. Child support ensures that children’s essential needs, such as housing, food, clothing, education, and medical care, are met consistently.
Child support typically flows from the non-custodial parent (the parent who does not have primary physical custody) to the custodial parent, who provides the majority of daily care. However, Maryland’s income shares model considers both parents’ incomes when calculating the final payment amount, reflecting the idea that both parents share equal financial responsibility.
Maryland’s child support system is governed by the Child Support Guidelines, codified under Md. Code, Family Law §12-201 through §12-204, and further detailed in Maryland Rule 9-206. These rules guide the courts in determining the appropriate amount of child support based on each parent’s income, custody arrangement, and the child’s specific needs.
Who Pays and Who Receives Child Support
In Maryland, determining who pays child support depends primarily on custody arrangements and income levels.
- The custodial parent is the one with whom the child lives most of the time.
- The non-custodial parent generally pays child support, since they provide less direct care but still share financial responsibility.
The state recognizes both sole (primary) and shared physical custody arrangements. In sole custody, the child lives primarily with one parent, and the other parent pays support according to the Guidelines. In shared physical custody, both parents spend substantial time with the child, and the support amount adjusts accordingly.
Even if parents share physical custody, one parent may still owe support depending on the difference in incomes and overnight parenting time.
Maryland’s Child Support Guidelines
Maryland adopted its Child Support Guidelines in 1990 to standardize how child support is calculated. These Guidelines are periodically reviewed and updated to reflect changes in living costs and family dynamics. The most recent update occurred in October 2020, when Maryland revised its shared custody rules and increased the income range used in the calculations.
The Guidelines are designed to approximate the portion of parental income that would have been spent on the child if the parents still lived together. Courts generally follow these Guidelines unless applying them would be unjust or inappropriate based on special circumstances.
The Income Shares Model
Maryland’s Guidelines use the income shares model, which combines both parents’ incomes to determine the total financial resources available to the child. The model estimates what proportion of that income should be dedicated to the child’s care and divides it proportionally between both parents.
Under Md. Code, Family Law §12-204, the court determines:
- Each parent’s actual monthly income
- Each parent’s adjusted actual income (after deductions)
- The basic child support obligation using the Guidelines chart
- Any additional expenses, such as health insurance or child care, to determine the total child support obligation
Calculating Child Support: Key Factors
When calculating child support, Maryland courts follow several steps outlined in the Maryland. Rule 9-206. The process ensures fairness and transparency by using clear financial information from both parents.
1. Actual Monthly Income
“Actual income” includes all sources of earnings, such as:
- Wages or salary
- Bonuses and commissions
- Self-employment income
- Pensions and annuities
- Social Security benefits
- Workers’ compensation or unemployment benefits
- Rental income and investment returns
However, certain benefits, like Temporary Cash Assistance (TCA), Supplemental Security Income (SSI), and food stamps, do not count as income.
2. Adjusted Actual Income
The court then determines adjusted actual income by subtracting:
- Pre-existing child support obligations
- Alimony is actually paid to a former spouse
The adjusted income is used to calculate the basic child support obligation under the Guidelines.
3. Basic and Total Child Support Obligation
The basic child support obligation is found using the official Maryland Child Support Guidelines chart, which lists support amounts based on the parents’ combined adjusted incomes and the number of children.
After determining the basic amount, the court adds other necessary costs, such as work-related child care expenses, health insurance premiums, and extraordinary medical cost, to establish the total child support obligation.
The non-custodial parent is typically ordered to pay a percentage of this total that matches their share of the combined income.
Health Insurance, Child Care, and Other Add-Ons
Maryland law recognizes that raising a child involves more than basic living expenses. Therefore, Md. Code, Family Law §12-204(g) allows additional costs to be factored into the total obligation.
Health Insurance
If a parent provides health insurance for the child through their employer, that cost is included in the calculation. The law requires that the cost of health insurance for the child be reasonable and that it does not exceed a certain percentage of the providing parent’s income.
Work-Related Child Care
Work-related child care expenses , such as daycare, after-school programs, or babysitting while a parent is at work , are shared between parents in proportion to their incomes.
Extraordinary Medical Expenses
Courts may also include extraordinary medical expenses not covered by insurance, such as orthodontia, therapy, or chronic illness treatments.
All these additional costs are essential in determining the total child support obligation that ensures children’s well-being and consistent care.
Shared Physical Custody and Overnight Rules
Custody arrangements significantly influence the amount of support ordered.
Under Md. Code, Family Law §12-204(m), shared physical custody means each parent has the child overnight for at least 25% of the year, or about 92 overnights annually.
If a parent has the child for more than 25% but less than 30% of the year, Maryland’s revised 2020 Guidelines use a specific formula that gradually reduces the support obligation as overnight time increases.
When both parents share physical custody equally, the court still considers each parent’s income to determine which one provides greater financial support. Typically, the parent with higher income still pays some child support to balance household resources and maintain the child’s standard of living.
When No Child Support Order Is Appropriate
In limited cases, Maryland courts may decline to establish a child support order.
According to Md. Code, Family Law §12-202, this may occur when the paying parent:
- Lives with the child and contributes to their support
- Is totally and permanently disabled and relies solely on SSI or SSDI
- Is incarcerated for the remaining duration of the support obligation
- Is institutionalized in a psychiatric care facility
- Is unemployed with no financial resources and cannot maintain employment in the foreseeable future
These exceptions ensure that the system remains fair and realistic, focusing on the child’s best interest while recognizing genuine financial hardship or disability.
Imputed Income and Voluntary Impoverishment
A parent cannot avoid paying child support by refusing to work or underreporting income. If the court finds that a parent has deliberately reduced their income to avoid payments, this is known as voluntary impoverishment.
Under Md. Rule 9-206(a)(2), the court can assign an “imputed income”, meaning it estimates what the parent could earn based on:
- Age, health, and education
- Work history and professional skills
- Employment opportunities in the community
- Available job market data
By imputing income, the court ensures that child support reflects a parent’s earning potential, not just their current earnings.
Modifying and Enforcing Child Support Orders
Child support orders are not permanent. Maryland law allows either parent to request a modification when circumstances change substantially, such as a job loss, significant income increase, change in custody, or new medical needs of the child.
Modification Requests
To request a change, the parent must show that the modification is in the child’s best interest and that the original amount no longer reflects current conditions.
The Maryland Child Support Administration (CSA) recommends reviewing orders every three years, though earlier review is possible when there’s a significant change in finances or family circumstances.
Enforcement Actions
If a parent fails to pay court-ordered child support, the custodial parent or CSA can pursue several enforcement options under Md. Code, Family Law §10-108 and §10-119. These include:
- Wage garnishment (automatic deduction from the paying parent’s paycheck)
- Interception of tax refunds
- Suspension of driver’s or occupational licenses
- Property liens or bank account seizure
- Contempt of court proceedings for willful nonpayment
Unpaid support accumulates as arrears, and interest may apply. Noncompliance with court orders can also lead to serious legal consequences, including incarceration for contempt.
How to Apply or Get Help in Maryland
Parents seeking child support can apply through the Maryland Child Support Administration (CSA), part of the Department of Human Services (DHS).
Applications are available online atdhs.maryland.gov/child-support-services or at local Child Support Enforcement Offices in each county.
The process typically includes:
- Filing an application with financial details of both parents
- Establishing paternity, if necessary
- Calculating child support based on the Guidelines
- Issuing a court order and setting payment arrangements
The DHS also offers a Maryland Child Support Calculator that helps estimate potential support obligations based on income and custody details.
Legal help is available through nonprofit organizations such as Maryland Volunteer Lawyers Service (MVLS) and People’s Law Library, as well as private law firms like southernmarylandlaw.com or towsonattorney.com.
Child Support for Disabled Parents or Children
Special rules apply when either the paying parent or the child has a disability.
If a parent is totally and permanently disabled, the court may find they lack the financial resources to pay or the ability to obtain employment in the foreseeable future, as outlined under Md. Code, Family Law §12-202(b).
Similarly, when a child is disabled and unable to live independently as an adult, support obligations may extend beyond the child’s 18th birthday. The court evaluates the child’s ongoing needs and the parents’ ability to continue financial support.
Termination of Child Support
Generally, Maryland child support continues until a child:
- Turns 18, or
- Turns 19 if still enrolled full-time in high school
Support may terminate earlier if the child marries, joins the military, or becomes emancipated. However, courts can extend support in cases involving a disabled dependent who cannot support themselves.
When the obligation ends, parents should confirm through the Office of Child Support Enforcement (OCSE) that payments stop officially to avoid unnecessary arrears.
Tax Implications and Recordkeeping
Child support payments are not taxable for either party. The paying parent cannot deduct child support payments from their income taxes, and the receiving parent does not report them as income.
However, maintaining detailed records of payments, including bank transfers or wage deductions, helps protect both parents if future disputes arise.
For children covered under health insurance or medical support orders, parents must also keep documentation showing compliance with court requirements.
The Role of Maryland Courts and Agencies
Child support in Maryland is a court-ordered obligation. The Circuit Court in each county has jurisdiction to issue, modify, and enforce child support orders.
The Child Support Administration (CSA) assists parents by:
- Establishing and enforcing support orders
- Locating noncustodial parents
- Collecting and distributing payments
- Reviewing cases for modification
In some cases, the Office of Administrative Hearings (OAH) may handle administrative decisions before court review.
Supporting Children Through Fair Financial Responsibility
Understanding Maryland child support basics is essential for any parent navigating custody or support issues. Maryland’s child support laws aim to balance fairness between parents while prioritizing the child’s best interest.
By using standardized Guidelines, the system ensures that children receive adequate financial care and that both parents contribute fairly, based on their financial means. From calculating income and expenses to enforcing payments and modifying orders, Maryland’s comprehensive child support framework serves one purpose: ensuring that every child receives the support they deserve to grow and thrive.