Annapolis, MD Child Support Attorney
If you are divorced or separated in Annapolis and have children, both you and your spouse are legally obligated to provide financial support for the child if they are under the age of 18. This obligation exists even if you were not married. The court imposes child support and failing to make payments under the terms of the order could result in fines or jail. Even in cases where both parents love their child, child support could be a contentious issue.
Our Annapolis, MD child support attorneys are committed to helping parents navigate this difficult and challenging time. Whether you are in the early days of divorce, believe you are not receiving sufficient support, or feel you are required to pay too much, we can provide legal assistance. Contact Rice, Murtha & Psoras to discuss your problems, concerns, and questions regarding child support. To schedule a free consultation, call our office at (410) 431-0911.
Who Pays Child Support in Annapolis, MD?
Child support in Annapolis is typically determined by which parent has primary physical custody of the child. Legally, physical custody refers to where a child physically resides. The parent who has physical custody is responsible for providing daily support and care for the child. In cases where one parent is awarded primary physical custody, meaning that the child lives with them, the other parent will usually be required to pay child support.
However, in many situations, both parents share physical custody. Shared physical custody is exactly what it sounds like – the child will reside with each parent for a set amount of time. When both parents have an obligation to provide daily care and support, determining if one of the parents will have to pay child support becomes more challenging.
When physical custody is shared, the court will intercede and decide which parent, if any, is obligated to pay the other child support. Legally, both parents have an obligation to provide child support, whether they were married or not. Even though the decision lies with the court, it is crucial to have our experienced Annapolis child support attorney representing you to help ensure your child has the support they need and that both parents are paying their fair share.
Calculating Child Support in Annapolis, Maryland
Every state in the union has its own method to calculate child support payments. A Maryland court will consider a number of factors when determining the amount of child support that one parent should pay.
The first factor the court looks at is the income of both parents. A knowledgeable Annapolis child support attorney will work to make sure that your income is accurately calculated. If you own a business, are an independent contractor, or otherwise earn income outside of a salaried structure, you do not want a court to miscalculate your available income.
The child’s healthcare is another consideration. The court will want to know which parent pays for the child’s health insurance and if there are any medical conditions or expenses that are not covered by insurance. The court will not entertain allegations without medical documentation or evidentiary support.
The cost of daycare or after-school care will also factor into the court’s decision. Basically, an Annapolis court, using Maryland’s child support guidelines, will try to calculate what each parent would have spent on the care and support of the child if they were still together.
However, all financial situations are not equal. When a parent’s adjusted monthly income is meager, $500 a month or less, adjustments could be made to allow for a fair and just agreement. On the other hand, a parent’s adjusted monthly income is over $15,000 a month, then many of the guidelines the court would ordinarily apply will be disregarded. Under these circumstances, a court will make a child support determination on the child’s needs.
Modifying a Child Support Agreement in Annapolis
Once a child support order is in place, it is usually static. However, you are permitted to petition the court to modify an existing order. A modification does not happen automatically. One parent must file a motion with the court requesting the change. To qualify for a modification, one parent must have experienced a material change in circumstances.
To successfully modify a child support order, the petitioner must show the facts as they were when the original order was entered and evidence of the material change. Every change in circumstances is not material – each parent’s circumstances would likely change throughout a child’s life.
A significant change in income, for example, decreasing by 25%, could constitute a material change. While this might be enough to modify an order, the decrease would probably have to permanent with no realistic ability to increase the income in the foreseeable future.
A change in the child’s needs could also require a modification of a support order. For instance, a child might develop a severe medical condition or debilitating injury. In other cases, a parent could suffer an injury that permanently diminishes their earning capacity. If you are in a position where it is necessary to modify child support, you should call an experienced Annapolis child support lawyer.
Call Our Annapolis, MD Child Support Attorney for a Free Consultation
Every parent cares about the well-being of their child. When parents are divorced or are separated, the welfare of their children is often a primary concern. While every parent has a legal obligation to provide support for their children, not every child support order is fair or equitable. Our experienced Annapolis, MD child support attorneys at Rice, Murtha & Psoras provide compassionate representation to parents dealing with complicated and difficult support issues. If you have any questions concerning child support, call our Annapolis family law attorneys at (410) 431-0911 to schedule a free consultation.