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Maryland Child Support Center
This section of the Maryland Divorce Law Information Center is designed to assist you with post-divorce actions such as child support modification, child support collection, visitation issues, and denial of visitation.
IMPORTANT NOTE: We are not a law firm and cannot give legal advice. Therefore, we are unable to provide guidance on individual child support inquiries or specific calculations/ obligations. The information contained in this segment of our web site is provided as a courtesy to our visitors and our customers who purchase our divorce-related products.
Additionally, you may want to
note that through an affiliated web site, telephone legal advice is now offered
that you can purchase for $34.95. Our Legal Advice Service is the
Web’s first "virtual law firm" designed to deliver legal solutions
to you over the phone.
See generally: http://www.mdfamilylawyer.com
Resources
MD Child
Support Checklist
1. Where should
file my complaint for child support? Is the Domicile of the Child in Maryland and
in this County?
You should file your complaint for
child support in the state and county that is the domicile of the child. A
person may only have one domicile. A child's domicile is the place where the
child has his/her true, fixed and permanent home.
Yes - Party may file in this county.
No - Party must file in the
proper state/county.
Md. Fam. Law Code Ann. § 1-201 -
the equity court has continuing jurisdiction over the support of the child. The
parties need not be married and support can be sought by guardian of the child.
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2. Is the action
between the natural parents or is a third party involved?
A. If Natural Parents Only -
Continue to #3.
B. If there is a Third Party
Involved, does the Third Party have an existing Guardianship Order for the
child?
If Yes- Party may file
complaint for Child Support against natural parents. Go to #3
If No- In order for a third
party to receive an award of support from a child's
natural parents, they should file a Petition for Guardianship and Support
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3. Is there a
dispute as to paternity?
If Yes:
-
If father denies and mother is
seeking child support go to local child support enforcement agency (Domestic
Relations in Anne Arundel/CSB in Baltimore City/CSE in Montgomery County)
unless you want to file yourself pro se or be represented by counsel.
There are no pro se forms for establishing paternity. Establishing
paternity is usually beyond the capability of a pro se litigant because it
involves the introduction of evidence which is beyond what can be expected
of a pro se litigant.
Need
help finding a lawyer in Maryland?
If No, Go to#4.
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4. Is there an
existing Custody/Visitation Order?
If Yes - Does the Custody/Visitation
Order say anything about child support?
Go to #5 for yes or no.
If there is no existing
Custody/Visitation Order, then: File a Complaint
for Custody DR4. This is advisable because child support will be
addressed by the court in the Custody case. While the parties may be amicable
now, a Custody Order is valuable if the parties disagree later. If you do not
wish to pursue custody, go to #5.
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5. Is there a
current Child Support Order?
If Yes - Are the parties
complying with the order?
If Yes- Unless there is a
substantial change in circumstances, there is not much chance of changing your
child support obligation.
What is a substantial change
depends on the court's determination. Modification
will not be granted absent a showing of a "clearly indicated change in
Circumstances, need and pecuniary condition of the parties" Langrell
v.
Langrell, 145 Md. 340 (1924). No standard percentage increase in
expenses and
income has been held to meet the "substantial change" requirement.
However, the
Courts have generally agreed that a greater than 25% difference is a
substantial change.
If there is a substantial change,
then file Motion to Modify Child Support with
Financial Statement (Dom Rel 31).
If there is a Child Support
Enforcement Order issued Call the Child Support Enforcement Agency to
determine if they are required to enforce the order because sometimes CSE will
act as a collector/distributor.
If CSE is required to enforce
order, request they do so. They may require you to do this in writing. Even
if they don't require it to be in writing, it is best if you send them a letter.
Keep copies all letters sent. Take notes on all your phone conversations; be
sure to include the date, time and name of the person you spoke with.
If CSE is merely a
collector/distributor continue as if no Order had been issued.
If No Child Support Enforcement
Order Has Been Issued:
File the following documents:
You can have an attorney from the
local Child Support Enforcement Agency represent you in a child support action
even if you are not on AFDC (welfare) by paying $20.00 to the agency and
requesting assignment of an attorney. However, you may find that going through
the Child Support Enforcement Agency takes longer than representing yourself as
a pro se litigant because of the Agency's Backlog.
If you are on AFDC or gets money
from Social Services you must go to the Child Support Enforcement Agency to get
the order enforced. Go to #8.
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7. If no Child
Support Order Has Been Issued and the parties cannot agree to a set amount for
child support follow these steps.
Alternative #1: You can have
an attorney from the local Child Support Enforcement Agency represent you in a
child support action even if you are not on AFDC (welfare) by paying $20.00 to
the agency and requesting assignment of an attorney. However, you may find that
going through the Child Support Enforcement Agency takes longer than
representing yourself as a pro se litigant because of the Agency's
Backlog.
.Alternative#2: File the
complaint yourself and turn the Child Support Order over to the Child Support
Agency for collection.
Alternative#3: . File the Complaint
for Child Support yourself and attempt collection yourself through the
courts directly after you receive a child support order.
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8. Are you familiar
with the Maryland Child Support Guidelines?
The Maryland Child Support
Guidelines are established by Maryland statute and have been established so
that the parties has realistic expectations of the potential support award. In
almost all circumstances the parties cannot agree to a lesser amount than is
required by the Maryland Child Support Guidelines. If you and your spouse are
filing for an uncontested divorce and you have children you must also complete
the Child Support Worksheet and Financial Statements and bring them to the
hearing. Your Child Support Worksheet must show that child support payments meet
the minimum standards required by the Maryland Child Support Guidelines.
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