What is Child Support and When does it Occur in Maryland?

Child support and custody are important considerations for a minor child’s welfare and development, especially when the child’s parents are divorced, separated, or unmarried. The custodial parent can make decisions about the child’s education, welfare, health, and other areas. Maryland allows legal and physical custody; legal custody is the ability to make decisions about the child’s welfare and development, while physical custody refers to the child’s living arrangements. The child lives or spends more time with the physical custodian, while the non-custodial parent gets visitation rights.

Child custody is a financial payment that the obligor, who is the non-custodial parent, pays to the obligee, who is the custodial parent, for the child’s upkeep and welfare. In Maryland, the Maryland Child Support Administration and the Child Support Services division of the Department of Human Services determine and enforces child support payments.

Records that are considered public may be accessible from some third-party websites. These websites often make searching more straightforward, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the document or person involved

Third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability on third-party websites may vary.

What is Maryland Child Support?

Child support is a financial payment that an obligor makes to an obligee. The obligor is the non-custodial parent; the court requires the non-custodial parent to pay child support to the custodial parent, who is the obligee. In Maryland, both parents have a responsibility to provide a child medical, financial, and emotional support, even if the parents are divorced, separated, or unmarried. The court may issue or approve a child support order as part of a custody trial or divorce process.

In determining child support payment amounts, the court considers the number of children, the child(ren)‘s needs, and the financial capability of the parents. According to Md. Code § 12–204, the court divides the basic child support amount between parents in proportion to the parents’ income. In Maryland, parents must pay child support until a child turns 18 or until the child graduates high school. If a child does not graduate high school by 18, the parents must pay child support until the child is 19.

What Does Child Support Cover in Maryland?

Child support in Maryland covers a child’s basic needs, like food, shelter, and clothing. Child support also covers other expenses, like:

• Education: this includes tuition, books, school uniforms, school, trips, private tutors, and extracurricular activities.
• Entertainment: entertainment is an important part of a child’s development. This is why games, park visits, and other forms of basic entertainment form part of child support.
• Medicals: medical insurance and other payments that insurance does not cover also come under child support.
• Childcare: for times when either parent is not available to supervise the child, child support covers child care services, including daycare, babysitting, and nannies.

What is the Average Child Support Payment in Maryland?

Using an income share model, Maryland child support guidelines consider the following factors in determining the basic child support amount due:

• The parents’ combined income
• The number of children the parents have
• The child’s medical insurance and other medical expenses
• Custody arrangement
• Private school tuition
• Alimony

If the parents’ combined monthly income is between $100-$1200, then the basic child support amount due is between $20 and $150, depending on the non-custodial parent’s living expenses and the number of children the non-custodial parent has to support. With a combined income of $1250, the basic child support amount due for one child is $162 and $163 for two children. Md. Code § 12–204 lays out the child support calculation guide.

How Do I Apply for Child Support in Maryland?

The court may issue a child support order as part of a custody or divorce proceeding. Alternatively, an interested party may file a request for child support with the court. In Maryland, interested parties may apply to open a child support case online on the Child Support Administration website. Alternatively, interested parties may pick up forms at local Child Support Offices and return the form in person, by mail, or by fax. A $15 fee applies, but persons who have received Medical Assistance of Temporary Cash Assistance (TCA) may be exempt from paying application fees. In Maryland, child support lasts until one of the following happens:

• The child turns 18 and is not in school
• The child turns 18 and has completed high school
• The child turns 19 while still in high school
• The child gets married or becomes self-sufficient
• The child dies

Child support for disabled children may continue indefinitely.

How do I Get Out of Paying Child Support in Maryland?

It is impossible to waive child support in Maryland, as child support is part of the child’s rights. However, if a parent’s circumstances have changed since the court issued the child support order, the parent may request a modification or review. Examples of acceptable changes in circumstance include:

• Changes in custody
• Changes in child care costs
• Changes in the parent’s income
• Changes in the child’s financial needs

Parties requesting child support order modification must submit a financial statement form and an application for services at a local child support office. Such persons may also request modification packages from local child support offices or file a modification motion with the court.

What is Back Child Support in Maryland?

Back child support or unpaid child support is the amount a parent owes to the other parent in child support. In Maryland, the court expects both parents to contribute to the support and development of the child, and therefore, both parents pay child support. Maryland uses a child support guideline to divide the child support amount between the parents according to the parents’ incomes.

How Do I Get Back Child Support Paid in Maryland?

The non-defaulting parent may get back child support payment by contacting the Child Support Administration (CSA). The CSA works to enforce child support orders to ensure that children receive the needed support from both parents. The CSA enforces and collects overdue child support payments through:

• Federal and state income tax refund offset: state and federal laws authorize the CSA to intercept federal and state income tax refunds. If the defaulting parent owes $500 or more, or if the parent owes an amount that is twice the monthly child support amount, the case is automatically certified for federal tax refund offset. The threshold for state tax refund offset is $150. However, the CSA will send the defaulting party a 30-day notice.
• Administrative passport denial: if a parent owes $2500 or more in child support, the parent’s passport will be denied or suspended.
• Professional license suspension: parents who have not complied with child support order payments in at least 120 days receive a license suspension from the licensing authority. The parent must pay the amount owed in full or pay the monthly child support amount for four months in order to be able to reinstate the license.
• Driver’s license suspension: the CSA refers parents who owe child support for 60 days or more to the Motor Vehicle Administration for license suspension. Such persons may contact a local CSA office to arrange for the license to be reinstated.
• Wage withholding order: the defaulting party’s employer must withhold the amount owed from the defaulting party’s wages.
• Credit bureau reporting: the CSA may report a defaulting parent to a consumer credit reporting agency.
• New hire reporting: the CSA will send a wage withholding order to a defaulting parent’s new employer
• Financial institution data match: the state must identify the defaulting parent’s financial assets through financial institution database matches.
• Administrative liens: the CSA may issue a lien on a defaulting party’s personal property or seize the party’s assets.
• Medical support enforcement: The CSA may enforce and obtain medical support from the parent.
• State lottery intercept: if a parent owes at least $150 in back child support, the CSA may intercept any state lottery winnings to cover the outstanding payment.
• Unemployment insurance: CSA may collect the defaulting parent’s unemployment insurance to cover for outstanding child support payments.
• Workers compensation commission: CSA may also intercept Workers Compensation awards to cover outstanding child support payments.
• Civil contempt: the court may find a defaulting party in contempt if the court finds that the party can pay child support but did not pay. Penalties for civil contempt may include imprisonment.

The non-defaulting party may also file a motion to compel with the court or request an earnings withholding order.

Is There a Maryland Statute of Limitations on Child Support?

There is no statute of limitations on child support in Maryland; this means that until the obligor or defaulting party pays the outstanding child support amount, the obligee may file an action to recover the back child support.