Maryland Child Support Order

When parents in Maryland separate or divorce, one of the most important issues they must address is child support. A Maryland child support order is a legal document issued by a court that requires one parent to pay money to help cover the costs of raising their child.

What Is a Maryland Child Support Order?

A Maryland child support order is an official court decree that legally requires a parent to provide financial support for their child. This order is created by either a Circuit Court judge or, in some cases, through the administrative process of the Maryland Child Support Administration (CSA). The order specifies exactly how much money must be paid, how often payments must be made, and where the payments should be sent.

Every parent has a legal obligation to financially support their children, regardless of whether the parents were married, are divorced, or were never together. Maryland law recognizes that children have the right to receive support from both parents, and a child support order ensures this right is protected.

A child support order typically includes several important pieces of information. It states the amount of monthly support that must be paid, the date payments are due, whether the paying parent must provide health insurance for the child, and how long the support payments must continue (usually until the child turns 18 or graduates from high school, whichever comes later). The order also explains what happens if payments are not made on time.

Once a child support order is issued, it becomes a legally binding document. Both parents must follow the terms of the order, and failure to do so can result in serious consequences, including wage garnishment, license suspension, or even jail time for contempt of court.

Who Needs a Child Support Order?

Not every separated or divorced parent needs a formal child support order, but having one is usually a good idea for several important reasons. A child support order provides legal protection and clarity for both parents and, most importantly, ensures the child receives consistent financial support.

You should consider getting a child support order if you are in any of these situations:

When You Should Get a Child Support Order:

• You are divorced or separated from your child's other parent
• You were never married to your child's other parent but are no longer together
• Your child's other parent is not providing adequate financial support voluntarily
• You want legal documentation of support payments for tax or government benefit purposes
• You receive or plan to apply for public assistance (in Maryland, you must cooperate with child support enforcement if you receive cash assistance)
• You want to ensure consistent, predictable support payments
• You anticipate disagreements about financial support in the future

Even if parents currently have a friendly relationship and the non-custodial parent is voluntarily paying support, having a formal child support order protects everyone involved. Circumstances can change, a parent might lose their job, move away, or start a new family, and having a court order ensures the child's financial needs remain a priority regardless of changing situations.

How Child Support Is Calculated in Maryland

Maryland uses specific guidelines to calculate how much child support should be paid. These guidelines help ensure fairness and consistency across all child support cases. Understanding how the calculation works can help you know what to expect when you request a child support order.

The Maryland child support guidelines consider several factors when determining the support amount:

Primary Factors in Child Support Calculations:

• The gross income of both parents (including wages, tips, bonuses, commissions, and other earnings)
• The number of children who need support
• Which parent has primary physical custody
• The cost of health insurance for the child
• Work-related childcare expenses
• Any other children either parent is legally obligated to support
• Extraordinary medical expenses for the child

Maryland uses what's called an "income shares model" for calculating child support. This model assumes that a child should receive the same proportion of parental income that they would have received if the parents lived together. Both parents' incomes are combined, and then the support obligation is divided between them based on their respective income percentages.

For example, if the mother earns $40,000 per year and the father earns $60,000 per year, their combined income is $100,000. The mother contributes 40% of the total income, and the father contributes 60%. The child support guidelines would determine the total amount needed to support the child, and then allocate that amount proportionally, with the father paying a higher percentage since he earns more.

Using the Child Support Calculator

The Maryland Child Support Administration provides a free online child support calculator that estimates the amount of support a court might order. This calculator is available on the CSA website and is easy to use. You simply enter information about both parents' incomes, the number of children, custody arrangements, health insurance costs, and childcare expenses.

It's important to understand that the calculator provides only an estimate. Many factors can affect the final amount a court orders, including adjustments for shared physical custody, special needs of the child, or other circumstances. The court has some flexibility to deviate from the guidelines when it's in the child's best interest to do so.

Three Ways to Get a Maryland Child Support Order

There are three main ways to obtain a child support order in Maryland. Each option has advantages and disadvantages, and the best choice for you depends on your specific situation, financial resources, and how complicated your case is.

Option 1: Maryland Child Support Administration (CSA)

The Child Support Administration is a division of the Maryland Department of Human Services that helps parents establish and enforce child support orders. Using CSA services is often the easiest and most affordable option for many parents.

CSA Child Support Services Include:

• Locating the other parent if you don't know where they are
• Establishing paternity if the father's identity is in question
• Obtaining a court order for child support and health insurance
• Collecting and distributing support payments
• Reviewing and adjusting existing support orders when circumstances change
• Enforcing support orders when parents don't pay

Any custodian of a minor child in Maryland is eligible for CSA services. Custodians include biological parents, grandparents, aunts, uncles, court-appointed guardians, or anyone else who is caring for a child.

How to Apply for CSA Services

To get help from the Child Support Administration, you need to complete an application. If you receive public assistance such as Temporary Cash Assistance (TCA), child support services are provided free of charge, and you're automatically required to cooperate with CSA. If you don't receive public assistance, there's a one-time, non-refundable application fee of $15. Additionally, if you receive more than $3,500 in child support collections in a year, you'll be charged an annual $15 fee.

Once you apply, CSA will assign a caseworker to your file. The caseworker will help gather necessary information, locate the other parent if needed, and work to establish a child support order. If paternity needs to be established, CSA can arrange for DNA testing. If necessary, CSA will also assign an attorney to represent the agency's interests in court, though it's important to understand that this attorney represents the agency and the child's best interests, not you personally as an individual.

The advantage of using CSA is that they handle most of the work for you at minimal cost. The disadvantage is that you have less control over the process, and cases can sometimes take longer to resolve because CSA handles many cases at once.

Option 2: File Your Own Child Support Case

If you prefer more control over your case, you can file a complaint for child support yourself directly with the Circuit Court in your county. This is called representing yourself "pro se" (which means "for oneself" in Latin).

To file your own child support case, you'll need to:

1. Complete a Complaint for Child Support form (form CC-DR-001)
2. Complete the appropriate financial statement that shows your income and expenses
3. File these documents with the Clerk of the Circuit Court in the county where your child lives
4. Pay the required filing fee (fees vary by county but typically range from $100-$200)
5. Have the other parent officially served with copies of the documents
6. Attend all scheduled court hearings

Filing your own case gives you direct control over the process and timeline. However, it requires you to understand court procedures, complete paperwork correctly, and present your case effectively to a judge. The Maryland Courts website provides forms and instructions for people representing themselves, and many counties have family law self-help centers where you can get assistance with completing forms.

The advantage of this option is that you maintain control and can potentially resolve your case more quickly. The disadvantage is that navigating the legal system can be complicated, especially if the other parent hires an attorney or if complex issues like hidden income or disputed paternity are involved.

Option 3: Hire a Private Attorney

If your child support case is complicated, if you expect the other parent to contest the case, or if you simply want professional legal representation, hiring a private family law attorney may be your best option.

A private attorney can:

• Advise you on your legal rights and obligations
• Handle all paperwork and court filings
• Represent you in court hearings
• Negotiate with the other parent's attorney
• Help you understand complex issues like tax implications or retirement account division
• Ensure all deadlines are met and procedures are followed correctly

The main disadvantage of hiring a private attorney is cost. Family law attorneys typically charge hourly rates ranging from $200 to $500 per hour or more, depending on their experience and location. However, in complicated cases or when significant amounts of money are at stake, the investment in an attorney can be worthwhile.

Some people use a hybrid approach: they get initial advice from a private attorney to understand their rights, then handle simpler aspects of the case themselves or through CSA.

Child Support Orders in Different Types of Cases

Maryland child support orders can be established in several different types of legal proceedings. Understanding which type of case you're involved in helps you know what to expect.

Child Support as Part of a Divorce

When married parents divorce, child support is typically addressed as part of the divorce case. You don't need to file a separate child support case, instead, you include a request for child support in your divorce complaint or answer. The court will issue a child support order as part of the final divorce decree.

Divorcing parents often create a Marital Settlement Agreement (also called a Separation Agreement) that includes an agreement about child support. If both parents agree on the amount and terms, the judge will usually approve the agreement and make it part of the final divorce order, as long as the agreed amount meets or exceeds what the Maryland guidelines require.

Child Support as Part of a Custody Case

If you're filing for custody of your child, you can also request child support in the same case by filing a Complaint for Custody and Child Support. This is common for parents who were never married to each other. Addressing both custody and child support in one case makes sense because custody arrangements affect child support calculations, the parent who has the child more often typically receives support from the other parent.

Standalone Child Support Cases

Sometimes parents need to establish or modify child support but don't have any other legal issues pending. In these situations, you file a standalone Complaint for Child Support. This might happen when:

• Parents have been informally sharing costs but now need a formal order
• One parent stops providing voluntary support
• Circumstances have changed and the support amount needs to be modified
• You need documentation of support payments for government benefits or tax purposes

Paternity and Child Support Cases

If the parents were never married and paternity hasn't been legally established, paternity must be proven before a child support order can be issued. The mother can file a complaint to establish paternity and request child support at the same time. The local child support enforcement office can help with DNA testing to prove paternity.

Once paternity is established, the father has the same legal obligations as any other parent, including the obligation to pay child support.

When You Get Your Child Support Order

Once you receive your Maryland child support order, it's important to understand exactly what it says and what obligations it creates. Child support orders can vary in their specific terms, but most contain similar basic elements.

Current Support vs. Arrears

Your child support order will show the "current support" amount, which is the ongoing monthly amount that must be paid. If a parent falls behind on payments, they accumulate "arrears" or "back support." Arrears don't go away and continue to accumulate until paid in full, even after the child turns 18.

If the paying parent owes arrears, the order might require them to pay both the current monthly support plus an additional amount toward the back support. For example, an order might require $500 per month in current support plus $100 per month toward arrears, for a total monthly payment of $600.

Income Withholding

Most Maryland child support orders include an Income Withholding Order (also called an Earnings Withholding Order). This order is sent directly to the paying parent's employer and requires the employer to deduct child support from the employee's paycheck and send it to the Maryland State Disbursement Unit, which then forwards it to the custodial parent.

Income withholding is actually beneficial for paying parents because it ensures payments are made on time automatically, provides clear documentation of payments, and reduces the risk of falling behind and accumulating arrears.

Modifying an Existing Child Support Order

Life circumstances change, and sometimes an existing child support order no longer makes sense. Maryland law allows child support orders to be modified when there has been a "material change in circumstances."

What Counts as a Material Change?

A material change in circumstances is a significant change that affects the child's financial needs or either parent's ability to pay. Maryland courts have found that the following situations often qualify as material changes:

Common Material Changes:

• A significant change in either parent's income (such as a job loss, promotion, or new job)
• A change in the child's needs (such as developing a disability or special educational needs)
• A change in custody arrangements
• A substantial change in childcare costs
• A significant change in health insurance costs
• The birth of additional children, either parent must support
• Either parent becomes disabled

Generally, courts often find that a change of 25% or more in income or expenses represents a material change. However, there's no set percentage, and judges have discretion to determine whether a change is significant enough to warrant modifying the order.

How to Request a Modification

To modify an existing child support order, you must file a Motion to Modify Child Support with the court that issued the original order. You'll also need to submit an updated financial statement showing your current income and expenses.

The Child Support Administration can review your case every three years to determine if a modification is warranted, or at any time if you can show a material change has occurred. If CSA is involved in your case, you can request a review by contacting your local child support enforcement office.

If circumstances have changed significantly, don't wait to request a modification. Child support orders can only be modified going forward from the date you file your motion, they cannot be retroactively changed. So if you lose your job and wait six months to file for a modification, you'll still owe the full support amount for those six months, even if the court agrees to lower the amount going forward.

Enforcing a Maryland Child Support Order

Unfortunately, not all parents comply with their child support obligations. If the other parent isn't making required support payments, Maryland law provides several powerful tools to enforce child support orders and collect past-due support.

Help from the Child Support Administration

The Child Support Administration has extensive enforcement powers. If you have a child support case with CSA and the other parent isn't paying, contact your caseworker immediately. CSA can take various enforcement actions without you having to go to court, including:

CSA Enforcement Tools:

• Income withholding from wages, unemployment benefits, and Workers' Compensation
• Intercepting federal and state tax refunds
• Reporting non-payment to credit bureaus (which damages the non-paying parent's credit score)
• Suspending driver's licenses, professional licenses, and recreational licenses (such as hunting or fishing licenses)
• Seizing lottery winnings
• Garnishing bank accounts
• Placing liens on property
• Denying or revoking passports
• Bringing contempt of court actions
• Referring cases for federal prosecution when parents cross state lines to avoid paying support

These enforcement tools are powerful and effective. Many parents who weren't paying support quickly become compliant when their driver's license is suspended or their tax refund is intercepted.

Court-Based Enforcement Options

In addition to CSA enforcement, you can also ask the court to enforce your child support order through several legal mechanisms:

Filing a Petition for Contempt: If a parent willfully refuses to pay court-ordered support, you can file a Petition for Contempt asking the court to find them in contempt of court. If the court finds the parent in contempt, it can order various remedies, including requiring the parent to pay a certain amount to "purge" the contempt or face jail time. Civil contempt is designed to coerce compliance, so the parent holds the keys to their own jail cell, once they pay the purge amount, they can be released.

Motion to Compel: You can file a Motion to Compel whenever the other parent falls behind on payments. This asks the court to order additional payments be added to the monthly support amount to make up for missed payments. Courts typically order up to 25% additional monthly payments if they determine the parent is capable of making them.

Obtaining a Wage Assignment: If not already in place, you can ask the court for an Earnings Withholding Order requiring the paying parent's employer to deduct support from their paycheck and send it directly to you through the state disbursement unit.

What If You Can't Find the Other Parent?

Sometimes parents try to avoid their child support obligations by hiding or moving away. If you don't know where the other parent is, the federal Parent Locator Service can help. This service uses federal resources, including the Social Security Administration and IRS, to locate non-paying parents.

You don't access this service directly, instead, work with your local child support enforcement office, which can use the Parent Locator Service on your behalf. Once the parent is located, support can be enforced and past-due support can be collected from tax refunds or wages.

Interstate Child Support Enforcement

If the non-paying parent lives in another state or even another country, your Maryland child support order can still be enforced. Every state has agreements to enforce child support orders from other states. Your local CSA office can work with enforcement agencies in other states to establish paternity, collect support, and resolve issues even when the parent lives far away.

The Uniform Interstate Family Support Act (UIFS A) governs interstate child support enforcement and requires all states to cooperate in enforcing support orders.

Special Situations and Common Questions

Child support cases can involve complicated situations that don't fit the typical pattern. Here are some common special situations and how they're handled in Maryland.

What If the Paying Parent Goes to Jail?

Incarceration doesn't automatically terminate or suspend child support obligations. However, a parent who expects to be incarcerated for a long period can file a motion to modify support based on their changed circumstances. Whether the court will reduce or suspend support depends on factors like:

• The reason for incarceration
• The length of the sentence
• Whether the parent has any income while incarcerated
• The child's financial needs

It's crucial to file for modification before or shortly after incarceration begins. Support obligations continue to accumulate until a court modifies the order, so waiting until release to address the issue can result in massive arrears that are very difficult to pay.

Can Child Support Be Paid Directly Between Parents?

While parents can agree to handle payments informally, this is generally not recommended once a child support order exists. If payments aren't made through the official Maryland State Disbursement Unit (or as otherwise specified in the order), the paying parent may have difficulty proving they made the payments if a dispute arises later.

Even if you have a friendly relationship with your ex, make payments through the official channels so there's clear documentation. This protects both parents and prevents misunderstandings.

What About Children with Special Needs?

Child support can continue beyond age 18 for children with disabilities who are unable to support themselves. The court can order extended support if the child is still dependent due to mental or physical disability. Parents of special needs children should address this issue in their child support case to ensure ongoing support.

Who Claims the Child on Tax Returns?

The child support order itself doesn't determine who gets to claim the child as a dependent for tax purposes. Generally, the custodial parent (the one the child lives with most of the time) claims the child. However, parents can agree to alternate years or allocate the tax benefit differently. The custodial parent must sign IRS Form 8332 to release their right to claim the child to the non-custodial parent.

Paying Child Support: Responsibilities and Rights

If you're the parent ordered to pay child support, understanding your responsibilities and rights is crucial. Failing to meet your obligations can result in serious consequences, while knowing your rights protects you from unfair treatment.

Your Responsibilities as the Paying Parent

When you're ordered to pay child support, you must:

• Make full, on-time payments every month without exception
• Continue paying even if you lose your job or face financial hardship (unless you get the order modified)
• Pay regardless of whether you're exercising your visitation rights (child support and visitation are separate issues)
• Provide required health insurance for the child if specified in the order
• Notify the court and CSA if your contact information or employment changes
• Keep records of all payments made

What If You Can't Afford the Ordered Amount?

If you genuinely cannot afford the child support amount ordered, you must file a motion to modify the order based on your changed circumstances. Do this immediately when your situation changes, don't wait and let arrears accumulate.

Remember that child support modifications are not retroactive. You still owe the full amount for every month before the court grants your modification. Also, understand that voluntary unemployment or underemployment (deliberately not working or working below your capacity) typically won't be accepted as a reason to lower support. Courts can "impute" income to parents who are capable of earning more but choose not to.

Your Rights as the Paying Parent

Paying parents have rights too, including:

• The right to clear documentation of how much you've paid and what you owe
• The right to challenge arrears if you believe you've been credited incorrectly
• The right to request modification if circumstances change
• The right to ensure payments are being used for the child's benefit (though the custodial parent doesn't have to account for how every dollar is spent)
• The right to exercise court-ordered parenting time regardless of whether support is current

Resources and Getting Help

Navigating the Maryland child support system can be complicated, but numerous resources are available to help you whether you're seeking support, paying support, or trying to enforce an order.

Maryland Child Support Administration

The Child Support Administration is your primary resource for child support matters. Each county has a local child support enforcement office:

Main CSA Contact Information:

• Phone: 1-800-332-6347
• Website: dhs.maryland.gov/child-support-services
• Online account management: Use the myDHR system to check your case status, view payment history, and update information

Maryland Courts Resources

The Maryland Judiciary provides extensive self-help resources:

• Family Law forms: Available at mdcourts.gov/legalhelp/family
• Family Court Self-Help Centers: Located in most counties, offering free assistance with forms and procedures
• Online information: The Maryland Courts website has detailed information about child support procedures

Legal Assistance

If you need legal help but cannot afford a private attorney:

• Maryland Legal Aid: Provides free legal services to low-income individuals (mdlab.org)
• Pro Bono Resource Center: Connects people with volunteer attorneys
• Law school clinics: Several Maryland law schools offer free legal clinics
• County bar associations: Many offer reduced-fee lawyer referral services

The People's Law Library

The People's Law Library of Maryland (peoples-law.org) provides free legal information on child support and other family law topics. While not a substitute for legal advice, it's an excellent resource for understanding Maryland law.

Important Reminders About Maryland Child Support Orders

As we conclude this comprehensive guide, here are the most important points to remember about Maryland child support orders:

Key Takeaways:

• Every parent has a legal obligation to support their children financially
• Child support orders are legally binding and must be followed
• Maryland uses income-based guidelines to calculate support amounts
• You can get help establishing and enforcing support through the Child Support Administration
• Support orders can be modified when circumstances significantly change
• Failure to pay support can result in serious consequences, including license suspension, tax refund interception, and even jail time
• Support obligations don't go away, and arrears continue to accumulate until paid in full
• Act quickly if your circumstances change; waiting can result in large arrears
• Keep detailed records of all payments and communications
• Get legal help for complicated cases or when you don't understand your rights

Before You File a Divorce in Maryland

A Maryland child support order is more than just a court document; it's a crucial tool that ensures children receive the financial support they need and deserve from both parents. Whether you're seeking support, paying support, or trying to enforce an existing order, understanding how the system works empowers you to protect your rights and your child's well-being.

The Maryland child support system, through the Child Support Administration and the courts, provides extensive resources to help families navigate these important issues. Don't hesitate to seek help from CSA, the courts, or legal professionals when you need it. Your child's financial security depends on having a clear, enforceable child support order and ensuring that order is followed.

Remember that child support is about your child's needs, not about punishment or reward for either parent. The goal is always to ensure children have the financial resources they need to thrive, regardless of whether their parents are together. By understanding and working with the Maryland child support system, you can help achieve that goal for your child.