Germantown, Maryland Child Support Attorneys

Lawyers Working With Parents to Establish Child Support Orders in Germantown

Child support is one of the most important issues that parents will need to address during a divorce or separation. In Maryland, formulas defined in the state's laws are used to calculate the amount of child support and ensure that children's financial needs will be met. Because every family's circumstances are different, unique issues may need to be addressed in a family law case involving child support. Parents will need to understand how child support will be calculated, what it will cover, and how the court's orders may be enforced.

Due to the detailed calculations involved in child support and the circumstances that can affect the outcome of a case, legal help from an attorney can be essential. At Diamant Gerstein, LLC, we work with parents to establish child support orders, modify the amounts of payments when necessary, or enforce child support obligations. We can look at issues such as income documentation, employment history, and household expenses to ensure that child support payments will reflect a family's circumstances. We will help ensure that support payments will be put in place that will help children maintain stability in their lives and address their ongoing needs.

The Income Shares Model for Calculating Child Support in Maryland

The method used to determine child support will generally involve the following steps:

1. Each parent's actual monthly income is calculated, including wages, salaries, bonuses, commissions, and certain government benefits.
2. Adjustments are made for existing child support paid for other children and for alimony. The resulting amounts are known as the adjusted actual income.
3. The parents' adjusted incomes are combined, and a basic child support obligation is determined using a schedule provided in state statutes. This schedule lists basic support obligations for different numbers of children at different combined income levels.
4. The amount of support that is appropriate will be divided between the parents based on each parent's share of the combined adjusted income.

Factors That May Affect Child Support Calculations

Certain circumstances may play a role in determining how child support formulas will apply to a particular family, including:

• Shared Physical Custody: When children will be living with a parent for at least 25 percent of the year, calculations will be adjusted to account for the additional costs and to ensure that support obligations are divided between parents correctly.
• Voluntary Impoverishment: A parent cannot reduce the amount of child support they pay by voluntarily working in a lower-paying job or remaining unemployed. If a parent's reported income is lower than the amount they reasonably should be able to earn based on their education and work experience, the court may calculate child support based on their potential income rather than their actual reported income.
• High Income: The schedule for child support obligations applies in cases where parents earn a combined income of $30,000 per month or less. In cases where the parents' combined adjusted income exceeds this amount, the court will determine an appropriate amount of child support that will meet the needs of the couple's children.

What Child Support Covers

The basic support obligation is meant to cover ordinary costs such as housing, food, and clothing. However, parents may need to pay other types of expenses when raising their children. Child support payments may be adjusted to account for expenses such as:

• Child Care: The costs of care that will be needed for children when a parent is working may be divided between parents in proportion to their incomes.
• Medical Expenses: Health insurance premiums that will provide coverage for children may be divided between parents. Other medical expenses that are not covered by insurance may also be addressed.
• Other Agreed-Upon Expenses: Parents may agree to share the costs of private school tuition, extracurricular activities, or other expenses.

When Child Support May Be Modified

As the years pass, the amount of child support that a parent pays may no longer be appropriate based on the needs of their children or the circumstances of the family. If there has been a change in circumstances, a parent may file a request to modify child support. Reasons for modifying child support may include a job loss, a substantial pay increase, a change in child custody, or a new medical condition affecting the child that will require additional medical expenses to be paid.

To request a modification, a parent may file a motion in family court. They will usually need to provide documentation showing why the modification is necessary, such as pay stubs or tax returns showing that a parent's income has changed or medical records showing that increased medical costs will be required. The court will typically schedule a hearing where both parents can present evidence, and a new child support order may be issued to address the changed circumstances.

Enforcing a Child Support Order

When a parent falls behind on child support payments, the other parent can take steps to enforce the child support order and receive the amount of support that is owed. A court may put a wage garnishment order in place that will require a parent's employer to deduct child support payments directly from the parent's paycheck. Other measures used to obtain past-due child support may include intercepting state and federal tax refunds, reporting delinquent accounts to credit bureaus, or suspending a parent's driver's license or professional license. In more serious cases, one parent may ask the court to hold the other parent in contempt, which can result in fines or even possible jail time.

Contact Our Germantown, MD Child Support Lawyers

If you need to establish child support payments, or if you have experienced a change in your family's circumstances that will require a child support modification, the lawyers at Diamant Gerstein, LLC can provide you with legal representation as you address this issue in family court. We can also help you determine how to address child support that has not been paid and ensure that your children will receive the support they deserve. Contact our Germantown child support payments attorneys at 301-560-2685 to schedule your consultation with us.