Frequently Asked Questions About Child Support

What You Need to Know About Child Support

· My child(ren)’s other parent has threatened that s/he will quit his/her job if I file for child support. Is there anything I can do about this?

· Will I lose my government benefits if the court awards me child support?

· How is the amount of child support calculated?

· I am not sure about the child’s paternity. What do I do?

Issues the Court Will Decide

· My child(ren)’s other parent never sees the child(ren) and has made it clear that s/he doesn’t want to see them. Can I still get child support?

· I have never filed for child support, but I had an agreement with the other parent that s/he would pay me $50 a week. Is this agreement enforceable in court?

· I filed for child support today, but I won’t get a hearing date until 3 months from now. Do I get child support for the time I’m waiting?

· I can’t afford health insurance for my child(ren), but the other parent has health insurance available through his/her job. Will the court order the other parent to cover the child(ren) on his/her health insurance as part of child support?

· Can I get both alimony and child support?

· It looks as though my child(ren)’s other parent and I will be sharing physical custody of the child(ren). Will this affect the amount of child support I receive?

· I requested child support as part of my divorce. Do I have to wait until the merits hearing to get child support?

· Can a child support award be modified?

· In a joint custody situation, may either parent still receive child support?

The Paying Parent’s Obligations

· If the court awards me support for my child(ren), does the person have to pay me directly?

· Can I collect interest on unpaid support?

· My ex-spouse is going bankrupt and owes me $5,000 in back support. Am I out of luck?

· My former spouse has stopped paying support. I don’t want to hurt his feelings by going to court. Am I making a mistake?

· Do I have to pay child support to the children of my prior marriage?

· Legal help for non-custodial parents with child support problems in Baltimore City

What Happens When Circumstances Change

· Will my child support automatically be reduced when my oldest child turns 18?

· If I remarry, must I still pay child support? If I remarry, may I still receive child support?

· The other parent is in jail. Can I get support?

· My disabled adult child receives SSI. I just received the back support due to us. Does this back support count as income for SSI purposes?

Enforcement of Child Support Orders

· How long does it usually take to enforce an order of support against a nonpaying parent?

· Can I deny visitation if my former spouse doesn’t pay child support on time?

· My child(ren)’s other parent is denying me visitation because I haven’t paid support. Can s/he do that?

· How long do I have to enforce the child support order? How long may I receive child support?

· Is there anything I can do to enforce my child support if my former spouse moves out of state?

· I want to hire an attorney to help me enforce child support, but I don’t have the money. What do I do?

· My former spouse filed contempt charges against me for not paying child support. What can happen to me?

Back to Child Support

Who is Entitled to Child Support?

A parent who is living with the children but apart from the other parent is entitled to child support from the non-custodial parent for the children.

How do I File for Child Support?

You file for child support through the Circuit Court in your county or through your local child support agency. You can file a Complaint for Child Support, or you can request child support as part of your divorce. You can file just a Complaint for Child Support even if you are still married to the children’s other parent.

· The forms for filing for child support can be found at the Administrative Office of the Courts website.

· There are special programs around the state that provide help for people representing themselves.

· You can call the Legal Forms Helpline for tips in filling out the forms.

· If you receive benefits from the State of Maryland, you may also get help from the Child Support Enforcement Agency.

My Child(ren’)s Other Parent has Threatened That S/he Will Quit His/Her Job if I File for Child Support. Is There Anything I Can do About This?

Yes, you can ask the court to attribute income to a parent who has quit or changed his/her job to avoid paying child support. This means that the court will pick an amount of income the other parent could be making (even if the person has quit a job). This is called “voluntary impoverishment“ and means that your child’s other parent has chosen to deprive him/herself of resources to avoid the child support obligation. When deciding whether a parent has voluntarily impoverished him/herself, the court looks at the following factors:

· physical condition.

· level of education.

· timing of the change in jobs or financial circumstances.

· relationship of the parents before the start of the proceedings.

· efforts to find or keep a job.

· efforts to get any necessary training.

· whether s/he has withheld support in the past.

· work history.

· other considerations presented by the parties.

After deciding a parent has voluntarily impoverished him/herself, the court has to decide that parent’s potential income. The court will consider the factors listed above. The court will also look at the state of the job market, assets, age, income from other sources and prior earnings. The court will then calculate child support using the potential income it finds the parent could have been making.

Will I Lose my Government Benefits if the Court Awards Me Child Support?

A child support award can impact the kind and amount of benefits for which you are eligible . For example, if you are receiving Temporary Cash Assistance (TCA), your benefit will be reduced by the amount of child support you are ordered to receive. Even if the paying parent does not pay the child support on time, your TCA will stay at the lower level. Speak with your Social Services worker to find out exactly how a child support award might impact your benefits.

How is the Amount of Child Support Calculated?

Since 1990 the State of Maryland has had detailed Child Support Guidelines. These guidelines are used by the courts to determine how much child support the non-custodial parent should pay to the parent who has sole custody. They also calculate how much child support should be paid in a joint custody agreement. To calculate your child support obligations go to our on-line Child Support Calculator.

My Child(ren)’s Other Parent Never Sees the Child(ren) and Has Made it Clear that S/he Doesn’t Want to See Them. Can I Still Get Child Support?

It is public policy in Maryland that a parent is responsible for the care and maintenance of his/her children. This is true regardless of whether that parent chooses to have a relationship with the children. You can still request child support from a parent who is not involved with his/her children.

I have Never Filed for Child Support, but I had an Agreement with the Other Parent that S/he would pay me $50 a Week. Is this Agreement Enforceable in Court?

Maybe. If you have a signed separation or parenting agreement, you can ask the court to hold the other parent in contempt for violating the agreement. If you do not have something in writing, you will have a difficult time proving to the court the terms of your agreement.

If you have an agreement and you ask a court to enforce the agreement with the other parent, expect that the court will look at (1) whether the other parent is paying the amount agreed upon, and (2) whether the $50 a week follows the child support guidelines.

· See the Child Support Calculator, which follows the guidelines.

· If the $50 a week is higher than the guidelines amount, the court will decide if the amount is in the “best interests” of the children.

· If the $50 a week is less than what the guidelines recommend, the court must look into the facts of the case and make a decision on the record that the lower amount is in the best interests of the children before it can award and/or enforce that lower amount.

I Filed for Child Support Today, but I Won’t get a Hearing Date until 3 Months from Now. Do I get Child Support for the Time I’m Waiting?

Maybe. The court has the authority in any child support case to order that the child support be paid retroactive to the date that you made the request for child support by filing in court. The retroactive amount of support is called “arrearages.” Arrearages are added onto the child support award when the case is decided. However, the court can deny you retroactive child support if the court specifically decides that the amount of the retroactive award is unfairly high or would somehow be unfair.

I can’t Afford Health Insurance for my Child(ren), but the Other Parent has Health Insurance Available Through his/her job. Will the Court Order the Other Parent to Cover the Child(ren) on his/her Health Insurance as part of Child Support?

In a child support order, the court can order either parent to provide health insurance for the parties’ children if health insurance is available to the parent through his/her job or group health insurance plan. The health insurance must be provided at a reasonable cost. If the court orders a parent to start covering a child on his/her health insurance, the employer must add the child (regardless of any enrollment season restrictions). The cost of the health insurance will be factored into the child support worksheet and could impact the size of the child support award.

Can I get Both Alimony and Child Support?

Yes. Alimony is support for you, and child support is for the benefit of the child(ren). The court can order a combined lump sum that your spouse must pay, or the court can designate that a certain amount is paid as child support and a certain amount is paid as alimony. If you request alimony and child support, the court must calculate the alimony award first. The alimony award will be factored into the child support worksheet and could impact the size of the child support award.

Alimony is taxable income, but child support is not. You must report any alimony you receive as part of your income when you file your federal income tax return. Your spouse who pays alimony can deduct it from his/her income. For more details, look at the Internal Revenue Service Publication 504, Divorced or Separated Individuals on the IRS website.

It Looks as Though my Child(ren’s) Other Parent and I will be Sharing Physical Custody of the Child(ren). Will this Affect the Amount of Child Support I Receive?

Yes. If the other parent has more than 128 overnights in a year (averaging out to 5 or more overnights every two weeks), the court considers that you have shared physical custody of the child(ren). The court still uses the child support worksheet and the guidelines to calculate a child support award. See the Child Support Calculator. However, the award is almost always significantly smaller than if one parent had primary physical custody. This is because the other parent is providing a substantial amount of support for the child(ren) by having them in his or her care and custody so much of the time.

I Requested Child Support as Part of my Divorce. Do I have to Wait until the Merits Hearing to get Child Support?

No. You can request what is called a “pendente lite” hearing on the issue of child support. “Pendente lite” means “while awaiting a decision.” While waiting for the divorce hearing, the court would hold a hearing just on the issue of child support and could award child support designed to meet the children’s needs on a temporary basis. You can receive “pendente lite” child support retroactive to the date of filing for divorce. The court will calculate the amount of arrearages (the amount the other parent would have paid you had s/he been paying since the date you filed for divorce) and that amount will be added to your child support award.

Can a Child Support Award be Modified?

Child support can be modified if there is a “material change in circumstances” for one or both of the parents or for the child(ren). A “material change” means a significant change related to the factors considered in a child support award.

For example, if one parent is now making significantly more money than s/he was at the time the child support award was made initially, the court may modify the child support. In the same way, if one of the parents is now making significantly less money than at the time of the child support award, child support can be modified.

Other examples would be if the children changed their primary residence from one parent to the other or their needs for medical care, education, etc., changed substantially. You must file a request to modify the child support with the court. Also, the child support law requires that the child support agency review the child support award every three years.

In a Joint Custody Situation, May Either Parent Still Receive Child Support?

A. Yes. The amount of child support will depend upon the amount of time each parent spends with the child as well as the parents' incomes and the expense of raising the child.

If the Court Awards me Support for my Child(ren), Does the Other Parent have to Pay me Directly?

There are several options for getting paid your child support.

· First, the other parent can pay you directly, with cash, check, money order, or by some other means.

· Second, the court has the authority to order an “Earnings Withholding Order” against the other parent. In that case, the other parent’s employer would deduct the amount of child support from his/her paychecks. The employer would then send you a check for the child support amount.

· Finally, you can receive child support through your local child support agency. In that case, the child support agency would receive the child support from the other parent or his/her employer and would then forward the child support on to you.

Can I collect interest on unpaid support?

Generally, no. Maryland law does not provide for an interest charge on missed child support payments. However, if you have gone to court and obtained a money judgment for the unpaid child support, the judge may allow 10% simple interest on the amount due. Md. Ct. and Jud. Pro. Code §11-107(a)

My Ex-Spouse Is Going Bankrupt and Owes Me $5,000 in Back Support. Am I Out of Luck?

Practically speaking for the time being the answer is “maybe”. However, you will not lose out in the long run. Child support orders are not dischargeable in bankruptcy. This means that the child support debt to you will continue even after the bankruptcy. In fact, if your ex gets out from under the crush of debts, s/he may be more likely to pay you. At the very least, you won't be competing with a horde of other creditors for the few dollars that may be available.

My Former Spouse Has Stopped Paying Support. I Don't Want to Hurt His Feelings By Going to Court. Am I Making a Mistake?

Enforcement of child support orders is best done early rather than late. If there is good cause to reduce payments, an agreement can be made. However, if the parent is merely making excuses, taking immediate and tough action to enforce the court order will be most likely to convince the nonpaying parent that failure to pay will have serious consequences. Moreover, if the amount owed (arrears ) gets too high, the nonpaying parent may never have the ability to pay it all back.

Read more about enforcing child support.

Do I have to Pay Child Support to my Children of my Prior Marriage?

Even though the other parent has a second family, it does not mean that his or her responsibility to the first family goes away. However, the amount of the support order can be affected because he/she has the responsibility for supporting another child(ren). You must file a request to change your child support and notify the other party before you will be given an opportunity to provide additional information. Only then may your support be changed. Generally, under the law the answer is NO. Your child support is currently only affected by previous orders of child support, not additional children.

Read more about modifying child support.

Will my Child Support Obligation Automatically be Reduced when my Oldest Child turns 18?

No. Child support awards are not calculated for each individual child. They cannot be divided by the number of children in the family. Even if one child turns 18, the parent paying child support must continue to pay the full amount as ordered by the court until the youngest child turns 18. If the parent paying child support wishes to reduce the amount s/he is obligated to pay, s/he can file a Motion to Modify with the court alleging a material change in circumstances because the 18 year old child is no longer in need of support.

Read more about modifying child support.

If I Remarry, Must I still pay Child Support? If I Remarry, May I still Receive Child Support?

If a parent remarries, and even if that parent has more children, s/he must still pay child support to the children of the first marriage. If a person is receiving child support and remarries, he or she is still entitled to receive child support unless his or her new spouse adopts the child.

The Other Parent is in Jail. Can I get Support?

It is unlikely unless s/he has assets, like property or income from an outside source or from a work- release program. Once s/he gets out of jail and receives income or acquires property, you will be able to receive support. However, the other parent will still continue to owe the support while s/he is in jail unless s/he files to modify the support order. Read more about child support owed by someone in jail.

Does this back count as income for SSI purposes?

No. As the result of a recent case, child support arrears received on behalf of a SSI recipient, age 18 or older, are not counted as income to the adult child, unless the parent passes the money on to the adult child.

The New Social Security Policy can be found at POMS SI 00830.420 (c)(2). It states the following:

Child Support Arrearages Received on Behalf of an Adult Child
Policy Effective June, 2002

Effective June 1, 2002, when a parent receives a child support arrearage payment on behalf of an adult child:

Any amount of that payment that the parent receives and does not give to the adult child is income to the parent. The portion of the arrearage payment retained by the parent is not income to the adult child, and would not affect the adult child's SSI eligibility or payment.
Any amount of that payment that the parent gives to the adult child is income to the adult child in the month given, not the income to the parent.
The one-third child support exclusion does not apply.
When an adult child receives a child support arrearage payment directly from the absent parent, the arrearage payment is income to the adult child.

Example: A non-custodial father pays child support on behalf of his 19 year old disabled son who lives in his own apartment. The son is considered an adult child. The former custodial mother recieves a $100 child support payment. The $100 child support payment consists of both a current payment of $75 and $25 to pay for an arrearage. The mother keeps the child support arrearage payment of $25, and gives her son his current $75 child support payment. The arrearage payment is type "S" unearned income to the mother. The current child support payment is type "S" unearned income to the adult child. The one third child support exclusion does not apply.

Policy prior to June, 1, 2002

Prior to June, 1, 2002, child support arrearage pau,emts recieved by a person on behalf of an adult child are income to the adult child. The support payments are income to the child whether or not the child lives with the parent or receives and of the child support arrearage payment from parent. Such support payments are not subject to the one-third exclusion.

How Long Does It Usually Take to Enforce an Order of Support From a Nonpaying Parent?

Parents who refuse to pay child support are merely the tip of the iceberg of a growing problem in the United States of family discord and breakdown. It can take from 60 days to one year to enforce a court order for support, depending on whether the spouse can be located.

Read more about Service.

Can I Deny Visitation if my Former Spouse Fails to Pay Child Support on Time?

Generally, child support and visitation are not dependent on each other. You cannot deny visitation if the other parent won’t pay child support unless you have a signed agreement that specifically and clearly links the obligation to pay child support to the right of visitation. If you are not receiving child support as ordered by the court, you can ask the court to hold the other parent in contempt for not paying. Read more about enforcing support orders.

My Child(ren)’s Other Parent is Denying me Visitation Because I Haven’t Paid Support. Can S/he do That?

Generally, no. Unless there is a signed agreement specifically linking the obligation to pay child support to the right of visitation, a parent cannot deny the other parent his/her visitation rights because that parent has failed to pay child support. If there is court-ordered visitation, you can ask the court to hold that parent in contempt for violating the visitation order.

How Long Do I Have to Enforce the Child Support Order? How Long May I Receive Child Support?

Usually you can enforce a child support order for up to 10 years. Parents are obligated to pay child support until a child reaches the age of 18. In some circumstances, a parent may be obligated to support a disabled adult child.

Is There Anything I Can Do to Enforce My Child Support If My Former Spouse Moves Out of State?

The Uniform Reciprocal Enforcement of Support Act (URESA) permits you to complain to your local district attorney about unpaid support or the local child support agency. The office will then contact the district attorney in the locale where the nonpaying parent lives. That office, in turn, will bring an action to enforce the order on your behalf. You can also register the child support order with the court in the state where the child support payer lives and then apply directly to that state for enforcement of the order.

Read more about the law. Read more about enforcement of child support.

I Want to Hire An Attorney to Help Me Enforce Child Support, But I Don't Have the Money. What Do I Do?

In Maryland, if you go to court to enforce child support or to recover support that has not been paid, the court may order the other person to pay the court costs and fees for your lawyer. The court must consider you financial status and needs to and the other person's. It will consider whether you had good cause to file the suit and whether the other person had good cause to defend it. Ask the attorney you plan to hire whether he or she will defer the fee and obtain it from the nonpaying parent. Some attorneys will do this or permit you to make monthly payments while pursuing the nonpaying parent. Others will require up-front payment in full and will reimburse you if the fees are subsequently paid by the nonpaying parent pursuant to court order.

Need help finding a lawyer in Maryland?

If you are representing yourself, you can apply to the child support enforcement agency in your county for assistance in establishing and collecting child support. If you apply for assistance and pay a $25 fee, the child support agency will represent you (the custodial parent) in a child support proceeding, regardless of your income.

Top 10 Questions about the Maryland Child Support Program

Maryland law recognizes mandatory income withholding in every child support and alimony order. The law's procedures are triggered by non-payments amounting to more than thirty (30) days of support. The law provides that the supporting parent's employer can withhold from his or her paycheck a court-ordered amount and forward it to the support recipient.

The law is intended to assist anyone who wishes to represent themselves in a support enforcement case or with the assistance of the Child Support Enforcement Administration. As soon as payments are late for 30 days, the person who is owed support can file in court for the withholding of the other parent's wages.

A person who refuses to pay child support, after being ordered by a court, also is liable to be held in contempt and could have bank accounts attached, income tax refunds withheld, and lose their driver's license. Md. Fam. Law Code Ann., §12-103(a)(2), (b); Md. Fam. Law Code Ann. §10-121(a), (c)(1)

Read more about enforcing child support.

My Former Spouse Filed Contempt Charges Against me for not Paying Child Support. What Can Happen to Me?

If you are found in contempt for failing to pay child support, the court can order several things. First, if you have not been paying your child support through an Earnings Withholding Order, the court can order that one be issued against you. This is similar to a wage garnishment where your employer is required to take the ordered child support out of your paychecks and send the payment to your former spouse or to the child support agency handling the case.

· Another option is that the court can order that the child support agency handling your case be allowed to intercept any tax refunds you might receive and send that money to your former spouse.

· Finally, your driver’s license could possibly be suspended if you do not pay the child support obligation. Read more about driver’s license suspensions and the actions that can be taken.

Source: This material was originally created by Richard Granat, a Maryland private attorney. It has been expanded and updated by legal services provider staff and legal interns working with the Maryland Legal Assistance Network staff. Updated by the Maryland State Law Library (MSLL). (update in progress)

Last date legal review 8/22/03 (PLL/M.A.J.)