Maryland Child Support Statute
Software used by the Court!!*
Yes! We Are
The Providers Of The Software to Maryland Courts To Determine Child
Support. *
WARNING: THERE ARE SEVERAL
ONLINE CHILD SUPPORT CALCULATORS WHO PROVIDE WRONG
CALCULATIONS - DON'T BE FOOLED! WE CALCULATE OVER GUIDELINE
AMOUNTS FOR RECOMMENDED SUPPORT**
FAMILY LAW - ANNOTATED CODE OF MARYLAND
§12-201. Definitions.
§12-202 - Use of guidelines; modification of
orders; review.
§ 12-203. Forms; verification of income.
§12-204. Determination of child support
obligation.
§12-201. Definitions.
|
(a) In general |
In this subtitle the following words have the
meanings indicated. |
|
(b) Income. - "Income" means:
|
(1) actual income of a parent, if the parent is
employed to full capacity; or
(2) potential income of a parent, if the parent
is voluntarily impoverished. |
|
(c) Actual income |
(1) "Actual income" means income from any
source.
(2) For income from self-employment, rent,
royalties, proprietorship of a business, or
joint ownership of a partnership or closely held
corporation, "actual income" means gross
receipts minus ordinary and necessary expenses
required to produce income.
(3) "Actual income" includes:
(i) salaries;
(ii) wages;
(iii) commissions;
(iv) bonuses;
(v) dividend income;
(vi) pension income;
(vii) interest income;
(viii) trust income;
(ix) annuity income;
(x) Social Security benefits;
(xi) workers' compensation benefits;
(xii) unemployment insurance benefits;
(xiii) disability insurance benefits;
(xiv) for the obligor, any third party payment
paid to or for a minor child as a result of the
obligor's disability, retirement, or other
compensable claim;
(xv) alimony or maintenance received; and
(xvi) expense reimbursements or in-kind
payments received by a parent in the course of
employment, self-employment, or operation of a
business to the extent the reimbursements or
payments reduce the parent's personal living
expenses.
(4) Based on the circumstances of the case, the
court may consider the following items as actual
income:
(i) severance pay;
(ii) capital gains;
(iii) gifts; or
(iv) prizes.
(5) "Actual income" does not include benefits
received from means-tested public assistance
programs, including temporary cash assistance,
Supplemental Security Income, food stamps, and
transitional emergency, medical, and housing
assistance. |
|
(d) Adjusted actual income |
"Adjusted actual income" means actual income
minus:
(1) preexisting reasonable child support
obligations actually paid;
(2) except as provided in §12-204 (a) (2) of
this subtitle, alimony or maintenance
obligations actually paid; and
(3) the actual cost of providing health
insurance coverage for a child for whom the
parents are jointly and severally responsible.
|
|
(e) Combined adjusted actual income
|
"Combined adjusted actual income" means the
combined monthly adjusted actual incomes of both
parents. |
|
(f) Potential income |
"Potential income" means income attributed to a
parent determined by the parent's employment
potential and probable earnings level based on,
but not limited to, recent work history,
occupational qualifications, prevailing job
opportunities, and earnings levels in the
community. |
|
(g) Ordinary and necessary expenses
|
"Ordinary and necessary expenses" does not
include amounts allowable by the Internal
Revenue Service for the accelerated component of
depreciation expenses or investment tax credits
or any other business expenses determined by the
court to be inappropriate for determining actual
income for purposes of calculating child
support. |
|
(h) Extraordinary medical expenses
|
(1) "Extraordinary medical expenses" means
uninsured expenses over $100 for a single
illness or condition.
(2) "Extraordinary medical expenses" includes
uninsured, reasonable, and necessary costs for
orthodontia, dental treatment, asthma treatment,
physical therapy, treatment for any chronic
health problem, and professional counseling or
psychiatric therapy for diagnosed mental
disorders. |
|
(i) Shared physical custody |
(1) "Shared physical custody" means that each
parent keeps the child or children overnight for
more than 35% of the year and that both parents
contribute to the expenses of the child or
children in addition to the payment of child
support.
(2) Subject to paragraph (1) of this subsection,
the court may base a child support award on
shared physical custody:
(i) solely on the amount of visitation
awarded; and
(ii) regardless of whether joint custody has
been granted. |
|
(j) Adjusted basic child support obligation
|
"Adjusted basic child support obligation" means
an adjustment of the basic child support
obligation for shared physical custody.
|
|
(k) Basic child support obligation
|
"Basic child support obligation" means the base
amount due for child support based on the
combined adjusted actual incomes of both
parents. (1989, ch. 2; 1996, ch. 351, §4.)
|
FAMILY LAW §12-202 - Use of
guidelines; modification of orders; review.
|
|
(a) Use required; presumptions; departure from
guidelines. - (1) Subject to the provisions of
paragraph (2) of this subsection, in any
proceeding to establish or modify child support,
whether pendente lite or permanent, the court
shall use the child support guidelines set forth
in this subtitle. (2) (i) There is a
rebuttable presumption that the amount of child
support which would result from the application
of the child support guidelines set forth in
this subtitle is the correct amount of child
support to be awarded.
(ii) The presumption may be rebutted by
evidence that the application of the guidelines
would be unjust or inappropriate in a particular
case.
(iii) In determining whether the application
of the guidelines would be unjust or
inappropriate in a particular case, the court
may consider:
1. the terms of any existing separation or
property settlement agreement or court order,
including any provisions for payment of
mortgages or marital debts, payment of college
education expenses, the terms of any use and
possession order or right to occupy to the
family home under an agreement, any direct
payments made for the benefit of the children
required by agreement or order, or any other
financial considerations set out in an existing
separation or property settlement agreement or
court order; and
2. the presence in the household of either
parent of other children to whom that parent
owes a duty of support and the expenses for whom
that parent is directly contributing.
(iv) The presumption may not be rebutted
solely on the basis of evidence of the presence
in the household of either parent of other
children to whom that parent owes a duty of
support and the expenses for whom that parent is
directly contributing.
(v) 1. If the court determines that the
application of the guidelines would be unjust or
inappropriate in a particular case, the court
shall make a written finding or specific finding
on the record stating the reasons for departing
from the guidelines.
2. The court's finding shall state:
A. the amount of child support that would
have been required under the guidelines; B.
how the order varies from the guidelines; C.
how the finding serves the best interests of the
child; and D. in cases in which items of
value are conveyed instead of a portion of the
support presumed under the guidelines, the
estimated value of the items conveyed.
(b) Modification of orders. - (1) Subject to
the provisions of paragraph (2) of this
subsection, the adoption of the guidelines set
forth in this subtitle may be grounds for
requesting a modification of a child support
award based on a material change in
circumstances.
(2) The adoption of the guidelines set forth
in this subtitle may not be grounds for
requesting a modification of a child support
award based on a material change in
circumstances unless the use of the guidelines
would result in a change in the award of 25% or
more.
(c) Review of guidelines. - On or before
January 1, 1993, and at least every 4 years
after that date, the Child Support Enforcement
Administration of the Department of Human
Resources shall:
(1) review the guidelines set forth in this
subtitle to ensure that the application of the
guidelines results in the dtermination of
appropriate child support award amounts; and
(2) report its findings and recommendations
to the General Assembly, subject to §2-1246 of
the State Government Article. (1989, ch. 2;
1990, ch. 58; 1997, ch. 635, §9; ch. 636, §9.) |
§12-203. Forms; verification of
income.
|
|
(a) Forms. - The Court of Appeals may issue
standardized worksheet forms to be used in
applying the child support guidelines set forth
in this subtitle. (b) Verification of income.
- (1) Income statements of the parents shall be
verified with documentation of both current and
past actual income.
(2) (i) Except as provided in subparagraph
(ii) of this paragraph, suitable documentation
of actual income includes pay stubs, employer
statements otherwise admissible under the rules
of evidence, or receipts and expenses if
self-employed, and copies of each parent's 3
most recent federal tax returns.
(ii) If a parent is self-employed or has
received an increase or decrease in income of
20% or more in a 1-year period within the past 3
years, the court may require that parent to
provide copies of federal tax returns for the 5
most recent years. (1989, ch. 2.) |
§12-204. Determination of child
support obligation.
|
|
(a) Schedule to be used; division among parents;
maintenance and alimony awards. - (1) The basic
child support obligation shall be determined in
accordance with the schedule of basic child
support obligations in subsection (e) of this
section. The basic child support obligation
shall be divided between the parents in
proportion to their adjusted actual incomes.
(2) (i) If one or both parents have made a
request for alimony or maintenance in the
proceeding in which a child support award is
sought, the court shall decide the issue and
amount of alimony or maintenance before
determining the child support obligation under
these guidelines.
(ii) If the court awards alimony or
maintenance, the amount of alimony or
maintenance awarded shall be considered actual
income for the recipient of the alimony or
maintenance and shall be subtracted from the
income of the payor of the alimony or
maintenance under §12-201 (d) (2) of this
subtitle before the court determines the amount
of a child support award.
(b) Voluntarily impoverished parent.-(1)
Except as provided in paragraph (2) of this
subsection if a parent is voluntarily
impoverished, child support may be calculated
based on a determination of potential income.
(2) A determination of potential income may
not be made for a parent who:
(i) is unable to work because of a physical
or mental disability; or
(ii) is caring for a child un der the age of
2 years for whom the parents are jointly and
severally responsible.
(c) Income between amounts in schedule.-If a
combined adjusted actual income amount falls
between amounts shown in the schedule, the basic
child support amount shall be extrapolated to
the next higher amount.
(d)Income above schedule levels.-If the
combined adjusted actual income exceeds the
highest level specified in the schedule in
subsection (e) of this section, the court may
use its discretion in setting the amount of
child support.
(e) Basic child support obligation.-Schedule
of basic child support obligations:
Combined Adjusted Actual Income |
1 Child |
2 Children |
3 Children |
4 Children |
5 Children |
6 or
More Children |
|
100 |
|
|
|
|
|
|
|
200 |
$20 - $150 per month based on resources
and living |
|
300 |
expenses of obligor and number of
children due |
|
400 |
support |
|
500 |
|
|
|
|
|
|
|
600 |
|
|
|
|
|
|
|
650 |
|
|
|
|
|
|
|
700 |
|
|
|
|
|
|
|
750 |
|
|
|
|
|
|
|
800 |
|
|
|
|
|
|
|
850 |
|
|
|
|
|
|
|
900 |
184 |
273 |
276 |
279 |
282 |
285 |
|
950 |
191 |
296 |
304 |
307 |
311 |
314 |
|
1000 |
198 |
307 |
332 |
336 |
340 |
343 |
|
1050 |
205 |
318 |
360 |
364 |
368 |
372 |
|
1100 |
212 |
329 |
389 |
393 |
397 |
401 |
|
1150 |
219 |
339 |
416 |
421 |
425 |
430 |
|
1200 |
226 |
350 |
438 |
449 |
454 |
458 |
|
1250 |
233 |
360 |
451 |
477 |
482 |
487 |
|
1300 |
239 |
371 |
465 |
504 |
510 |
515 |
|
1350 |
246 |
382 |
478 |
532 |
538 |
544 |
|
1400 |
253 |
392 |
491 |
554 |
566 |
572 |
|
1450 |
260 |
403 |
504 |
569 |
594 |
601 |
|
1500 |
267 |
413 |
517 |
584 |
623 |
629 |
|
1550 |
274 |
424 |
531 |
599 |
651 |
658 |
| |
| |
|
1600 |
282 |
436 |
546 |
616 |
672 |
691 |
|
1650 |
288 |
447 |
559 |
631 |
688 |
725 |
|
1700 |
295 |
457 |
572 |
645 |
704 |
753 |
|
1750 |
302 |
467 |
585 |
660 |
720 |
770 |
|
1800 |
308 |
477 |
598 |
674 |
735 |
787 |
|
1850 |
315 |
488 |
611 |
689 |
751 |
804 |
|
1900 |
321 |
498 |
624 |
703 |
767 |
821 |
|
1950 |
327 |
506 |
634 |
715 |
780 |
835 |
|
2000 |
332 |
515 |
645 |
727 |
793 |
848 |
|
2050 |
338 |
523 |
655 |
739 |
806 |
862 |
|
2100 |
343 |
531 |
666 |
751 |
819 |
876 |
|
2150 |
349 |
540 |
677 |
763 |
832 |
890 |
|
2200 |
354 |
548 |
687 |
774 |
845 |
904 |
|
2250 |
359 |
557 |
698 |
786 |
858 |
918 |
|
2300 |
365 |
565 |
708 |
798 |
871 |
931 |
|
2350 |
370 |
573 |
719 |
810 |
884 |
945 |
|
2400 |
376 |
582 |
729 |
822 |
897 |
959 |
|
2450 |
381 |
590 |
740 |
833 |
909 |
973 |
|
2500 |
386 |
598 |
750 |
845 |
922 |
987 |
|
2550 |
392 |
607 |
761 |
857 |
935 |
1000 |
|
2600 |
397 |
615 |
771 |
869 |
948 |
1014 |
|
2650 |
403 |
624 |
782 |
881 |
961 |
1028 |
|
2700 |
408 |
632 |
793 |
893 |
974 |
1042 |
|
2750 |
413 |
640 |
803 |
904 |
987 |
1056 |
|
2800 |
419 |
649 |
814 |
916 |
1000 |
1070 |
|
2850 |
424 |
657 |
824 |
928 |
1013 |
1083 |
|
2900 |
429 |
666 |
835 |
940 |
1026 |
1097 |
|
2950 |
435 |
675 |
846 |
953 |
1039 |
1112 |
|
3000 |
441 |
684 |
857 |
965 |
1053 |
1126 |
|
3050 |
446 |
693 |
868 |
978 |
1067 |
1141 |
|
3100 |
452 |
702 |
879 |
990 |
1080 |
1156 |
|
3150 |
458 |
710 |
890 |
1003 |
1094 |
1170 |
|
3200 |
463 |
719 |
901 |
1015 |
1108 |
1185 |
|
3250 |
469 |
728 |
912 |
1028 |
1121 |
1199 |
|
3300 |
475 |
737 |
923 |
1040 |
1135 |
1214 |
|
3350 |
480 |
746 |
934 |
1053 |
1148 |
1228 |
|
3400 |
486 |
755 |
945 |
1065 |
1162 |
1243 |
|
3450 |
491 |
764 |
957 |
1078 |
1176 |
1258 |
|
3500 |
497 |
773 |
968 |
1090 |
1189 |
1272 |
|
3550 |
503 |
782 |
979 |
1103 |
1203 |
1287 |
|
3600 |
508 |
790 |
990 |
1115 |
1216 |
1301 |
|
3650 |
514 |
799 |
1001 |
1128 |
1230 |
1316 |
|
3700 |
520 |
808 |
1012 |
1140 |
1244 |
1330 |
|
3750 |
525 |
817 |
1023 |
1152 |
1257 |
1345 |
|
3800 |
532 |
827 |
1035 |
1166 |
1273 |
1361 |
|
3850 |
538 |
837 |
1048 |
1181 |
1288 |
1378 |
|
3900 |
544 |
847 |
1060 |
1195 |
1303 |
1394 |
|
3950 |
551 |
857 |
1073 |
1209 |
1319 |
1411 |
|
4000 |
557 |
867 |
1085 |
1223 |
1334 |
1427 |
|
4050 |
563 |
877 |
1097 |
1236 |
1349 |
1442 |
|
4100 |
569 |
886 |
1109 |
1249 |
1363 |
1458 |
|
4150 |
575 |
895 |
1120 |
1262 |
1377 |
1473 |
|
4200 |
581 |
905 |
1132 |
1275 |
1391 |
1488 |
|
4250 |
587 |
914 |
1143 |
1288 |
1405 |
1503 |
|
4300 |
593 |
923 |
1155 |
1301 |
1420 |
1518 |
|
4350 |
598 |
932 |
1166 |
1314 |
1434 |
1534 |
|
4400 |
604 |
942 |
1178 |
1327 |
1448 |
1549 |
|
4450 |
610 |
951 |
1189 |
1340 |
1462 |
1564 |
|
4500 |
616 |
960 |
1201 |
1353 |
1477 |
1579 |
|
4550 |
622 |
970 |
1212 |
1366 |
1491 |
1594 |
|
4600 |
628 |
979 |
1224 |
1379 |
1505 |
1610 |
|
4650 |
634 |
987 |
1234 |
1391 |
1518 |
1624 |
|
4700 |
639 |
995 |
1244 |
1403 |
1530 |
1637 |
|
4750 |
644 |
1003 |
1254 |
1414 |
1543 |
1650 |
|
4800 |
649 |
1011 |
1264 |
1425 |
1555 |
1663 |
|
4850 |
655 |
1019 |
1274 |
1437 |
1567 |
1676 |
|
4900 |
660 |
1027 |
1284 |
1448 |
1580 |
1689 |
|
4950 |
665 |
1035 |
1294 |
1459 |
1592 |
1703 |
|
5000 |
670 |
1043 |
1304 |
1470 |
1604 |
1716 |
|
5050 |
676 |
1051 |
1314 |
1482 |
1617 |
1729 |
|
5100 |
681 |
1059 |
1324 |
1493 |
1629 |
1742 |
|
5150 |
686 |
1067 |
1334 |
1504 |
1641 |
1755 |
|
5200 |
691 |
1075 |
1344 |
1515 |
1654 |
1768 |
|
5250 |
696 |
1083 |
1354 |
1527 |
1666 |
1781 |
|
5300 |
702 |
1091 |
1364 |
1538 |
1678 |
1794 |
|
5350 |
707 |
1099 |
1374 |
1549 |
1691 |
1807 |
|
5400 |
712 |
1107 |
1384 |
1561 |
1703 |
1821 |
|
5450 |
717 |
1115 |
1394 |
1572 |
1715 |
1834 |
|
5500 |
722 |
1123 |
1404 |
1583 |
1728 |
1847 |
| |