In Maryland, child support is calculated using a formula called the Maryland Child Support Guidelines. These guidelines are governed by statute and are presumed to be correct; meaning the court must follow the calculation unless there is a good reason to deviate from the guidelines.
If you and your co-parent's combined gross income is $10,000 per month or less, child support is strictly calculated by the court using the Maryland Child Support Guidelines. If your combined gross monthly income is over $10,000 per month, the court can extrapolate the guidelines up to your monthly gross income or look to the actual needs of the children.
If the children primarily reside with you and the other parent has less than 35% overnights, child support is calculated using the standard formula. If the other parent enjoys more than 35% overnights, a shared physical formula is used. Please be aware that you can only be awarded child support from the date you file a Complaint in court requesting child support.
The party awarded child support is entitled to be paid through a wage lien; where child support is taken out of the parent's paycheck by the employer and paid to directly to the other parent or through Maryland Child Support Enforcement (MCSE). MCSE manages and prosecutes approximately 30,000 cases at a time, so the process can be slow. While hiring an attorney to collect support can be faster, Child Support Enforcement has several collection mechanisms available only to them to obtain support from one who refuses or avoids child support payments.
If you would like to calculate your child support, follow this link: http://www.dhr.state.md.us/csea/worksheet.htm.
If you have any questions regarding child support, call me at 410-263-3660 or email me at nlw@nancyweller.com.
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