Changes to Maryland Child Support Rules
Shared Physical Custody – SB 579
Last month, the Maryland legislature passed a law that changes the way child support is calculated in certain shared custody situations. Under the child support guidelines, child support is calculated depending on the number of overnights the child spends with the non-custodial parent. Currently, when a child spends more than 128 nights, or 35 percent of the year, with the non-custodial parent, a shared physical custody calculation is used. If the child spends fewer than 128 overnights with the non-custodial parent, then a sole physical custody calculation is used.
But what about situations where the child spends 127 overnights with the non-custodial parent? This is called the “cliff” model because of the drastic difference in child support calculation between 127 and 128 overnights. The new legislation lowers the “cliff” so that the shared physical custody guidelines are more readily applied and is now accompanied by a “slope” to ease into the shared physical custody guideline calculation.
First, the legislation alters the definition of shared physical custody, so it now applies when a non-custodial parent has the child for at least 92 overnights, or 25 percent of the year. Second, when the child spends between 92 and 109 overnights with the non-custodial parent, or 25 to 30 percent of the year, a shared physical custody adjustment calculation will be used to determine child support. This adjustment acts like a slope to ease child support calculations into shared physical custody. The sole physical custody calculation will be used in cases where the child stays with the non-custodial parent under 25 percent of the time and the shared physical custody calculation will be used where the child stays with the non-custodial parent more than 30 percent of the time.
So, what does this mean for your upcoming child support case? Well, as the child spends more time with the non-custodial parent, between 92 and 109 overnights per year, a new, gradual calculation applies until the overnight amount reaches 110 overnights. At that point, the shared physical custody calculation is applied. For more information on how child support is calculated in Maryland, please check out our previous blog.
This legislation goes into effect on October 1, 2020. For existing child support orders, the passage of this bill does not mean that your child support obligation will change.
Child Support – SB 847
Last month, the Maryland legislature also passed a law that changes child support obligations in certain circumstances, unrelated to timesharing. Effective on October 1, 2021, the child support guidelines will provide judges with more discretion to ensure that after child support is paid, the payor parent still has sufficient income to provide for him or herself and will require judges to make specific findings in cases where there are allegations of voluntary impoverishment.
First, this law gives the court authority to determine whether applying child support guidelines would be unjust or inappropriate by taking into consideration whether the support obligation would leave the payor below 110 percent of the 2019 federal poverty level. In cases where this is true, the court can decline to apply the child support guidelines. If the court declines to apply the child support guidelines, the court must make specific findings that defend the support determination, including how it deviates from the guidelines and why it serves the best interest of the child.
Second, the law indicates circumstances where the court has the authority to decline to establish a child support order. These circumstances are where the payor parent is unemployed, is incarcerated, is permanently disabled, has no financial resources to pay child support, is institutionalized in a psychiatric care facility, or is unable to obtain or maintain employment.
Further, the law establishes that a material change of circumstances exists to modify a current child support order if any of the circumstances outlined above (unemployment, permanent disability, etc.) apply to the payor parent. A “material change of circumstances” is the standard that must be met in order for any modification of child support to be considered in Maryland.
Lastly, where there are allegations that the payor parent is voluntarily impoverished to avoid paying child support, the law requires the court determine the validity of these allegations based on the totality of the circumstances. If the Court determines that there is voluntary impoverishment, then the Court must decide if potential income should be imputed to the payor parent and if so, how much. The Court makes this decision by considering several factors, such as the parent’s age, education, special skills, employment history, etc.… However, if the parent is unable to work due to a physical or mental disability, or is caring for both parties’ young child (under two years of age), then the court may not make a potential income determination for the purposes of child support.
The passage of this bill will not directly affect a child support order that is in effect prior to October 1, 2021. And, the adoption of new legislation does not constitute a basis for a modification of child support.