What You Need to Know About Maryland’s Revised Child Support Guidelines

Maryland’s Child Support Guidelines, which are used by the Courts to establish and set child support in most cases in Maryland, had not been substantively adjusted in 10 years. The new law, which updates the prior Maryland Child Support Guidelines statute, is effective for all cases filed after October 1, 2020.

There are two noteworthy updates to the Maryland Child Support Guidelines statute – one, intended to address the “cliff effect” (i.e. a substantial decrease in child support) that occurs once the non-custodial parent reaches “shared physical custody”, which was formerly 128 overnights per year or more (or 35% of the overnights or more). The other – extending the presumptive application of the Guidelines to families earning up to $30,000 per month, thus doubling the former threshold.

1. Increasing the Threshold for Application of Guidelines

Prior to October 1, 2020, the Courts, unless they found sufficient reason(s) to deviate therefrom, were required to apply the result of the Maryland Child Support Guidelines calculator in all cases in which the combined adjusted actual income of the family was $15,000 per month (or $180,000 per year) or less. Now, the Maryland Child Support Guidelines calculator result is the presumptively correct amount for all families earning a combined adjusted actual income of $30,000 per month (or $360,000 per year).

This should provide more prompt and predictable results for families earning between $180,000-$360,000 per year. Above $30,000 per month or $360,000 per year, the Court has discretion in determining the level of child support.

2. Addressing the “Cliff Effect” in Shared Custody Situations

Under the former Maryland Child Support Guidelines, a family transitioned from using the “sole custody” calculation method to the “shared custody” calculation method once the non-custodial parent had the child or children in his or her care 35% or more overnights per year. That transition produced a “cliff effect” – a large drop in child support for the custodial parent once the 35% threshold was met. Not only was the “cliff effect” hard to understand for parents and courts alike – it also led to custody and access disputes motivated, in part, to manipulate child support.

The new Maryland Child Support Guidelines define shared custody as the non-custodial parent having the children for at least 25% of the overnights or more, with incremental adjustments in child support when a parent has between 25% and 50% overnights, to lessen the impact of the former “cliff effect” at 35% overnights. This means non-custodial parents who have their child or children 25% of the overnights or more should see their child support obligations decrease under the new guidelines from what they would have been under the former guidelines.

As to how a non-custodial parent who has their child 25% or more of the overnights will see their child support obligations decrease, take as an example a family where both parents of one child earn adjusted actual incomes of $12,000 per month ($24,000 combined). If Parent A has the child 75% of the overnights and Parent B has the child 25% of the overnights, under the former guidelines, Parent B would pay child support of $1,554 per month, but under the new guidelines, Parent B pays child support of $1,330 per month. If in that situation Parent A has the child 66% of the overnights and Parent B has the child 34% of the overnights, under the former guidelines, Parent B would pay child support of $1,554 per month, but under the new guidelines, Parent B pays child support of $746 per month.

For cases filed after October 1, 2020, the new child support guidelines will be used to establish initial child support orders, both pendente lite (pending trial) and permanently, as well as to establish the level of child support in cases involving modifications of existing child support orders.

Existing child support orders can be modified based only on a material change of circumstances. Courts have found a material change of circumstances in numerous instances, including but not limited to loss of a job, medical issues, retirement, education issues, changes in the needs of the child, etc. However, the adoption of the new child support guidelines is not, in and of itself, a material change of circumstances for purposes of modification of child support.

If you have minor children, adult destitute or adult disabled children, you should consult a family law attorney about how the new guidelines may affect your child support obligation or award.

I’ve Had It! How Soon Can I File for Absolute Divorce in Maryland?

AvatarHeather Collier, Principal

This is one of the most common questions I get from clients. In order to decide how soon you can file for divorce, we have to determine if you are eligible to seek a divorce in Maryland and, if so, on what basis. The basis for the divorce is called the “ground” for divorce. The timing for filing a divorce in Maryland depends on the answers to both questions.

To be eligible to file for divorce in Maryland, one party must live there at the time of filing. If the basis for the divorce, or the “grounds” for divorce occurred outside Maryland, then one party has to have resided in Maryland for at least 6 months before filing for divorce. 

Before the court can enter a Judgment of Absolute Divorce dissolving a couple’s marriage, the residency requirement must be met, one of the parties has to have a viable ground for absolute divorce; and all issues arising out of the parties’ marriage have to be resolved either by agreement of the parties or court order.   

Absolute Divorce Grounds

Maryland recognizes “no-fault” and “fault” grounds for absolute divorce.  Because some grounds for divorce have a waiting period, the ground (or grounds) for divorce you allege may impact when you can file.

No-fault grounds for absolute divorce are:

  • 12-month separation – the parties must live separate and apart, without cohabitation for a period of 12 months prior to filing for divorce, and continuing without interruption through the date the divorce is granted. 

    Translation:  you cannot spend the night under the same roof or have sex with your spouse for 12 months before you file for divorce and it has to stay that way after you file through the divorce.  Spending the night together under the same roof or having sex before the divorce is granted re-starts the separation clock on your 12-month separation period and will delay your ability to file under this ground.
  • Mutual Consent – this ground does not require a period of separation.  If you and your spouse have not yet separated or separated only recently, this ground may be the fastest means of filing for and obtaining a divorce.  In order to file for divorce based on Mutual Consent, you must meet the following requirements:
    • Have a signed, written agreement resolving all issues, including, alimony, property division, and the care, custody and support of any minor child or children;
    • Court approval of any agreement as to custody and support of a minor child as being in that child or children’s best interests; and
    • Neither party has filed to set aside the settlement agreement prior to the divorce hearing.

Fault grounds for divorce, with applicable waiting periods, include:

  • Adultery
  • Desertion, if desertion has continued for 12 continuous months.
  • Conviction of a felony or misdemeanor where the party has been sentenced to serve at least 3 years and has served 12 months of the sentence
  • Insanity if the spouse has been institutionalized for at least 3 years and the insanity is incurable
  • Cruelty of treatment
  • Excessively vicious conduct

Filing starts the divorce process, but the length of time for obtaining the actual Judgment of Absolute Divorce will depend on whether you settle some or all of the issues during the divorce litigation, or if you have a contested trial at the end where a judge will decide the outcome. 

Welcome to Your Source for Divorce Law

The Divorce/Family Law Group at Lerch, Early & Brewer is proud to present our new Divorce Law Source blog.

In an age where Google searches and web browsing are the go-to for most people to find information about everything, we are thrilled to provide an easily accessible one-stop shop for all things family law and divorce.

Featuring content authored by each of our accomplished and skilled family law attorneys, we encourage you to use this forum to find the answers to commonly asked legal and practical questions our clients confront pre- and post-divorce, review explanations and analyses of pertinent legal concepts and principles, and receive updates on new practices, rules, laws, and the family court system in Maryland and D.C. We will be featuring new posts and content each week. We look forward to welcoming many regular followers and invite you to recommend desired topics for future posts. Please subscribe to the blog on the right-hand side of this page.

Lerch Early’s family law attorneys represent clients in every facet of family law including divorce, custody, child support, alimony, property division, modifications of custody, child support, and alimony, prenuptial and postnuptial agreements, litigation, divorce and custody settlement agreements and alternative dispute resolution, guardianship, and adoption. For more information, please check out our website.

We hope to see you soon on our blog!

In Health,

Heather Collier and Erik Arena
Co-chairs, Divorce/Family Law Group