CLIENT ALERT – Changes to Maryland Child Support Guidelines

If you pay or receive child support in Maryland, you are likely familiar with the concept of the “Maryland Child Support Guidelines”. In short, these guidelines provide the presumed amount of child support owed based upon the number of children and the combined monthly income of the parents.

If you’re curious what that looks like, I’ve included an excerpt below of the low end of the guidelines.  Dizzy yet?

These guidelines only go up to a certain point.  Prior to July 1, 2022, the guidelines only went up to a combined annual income of $180,000.00/year or $15,000/month.  For parents whose combined income exceeds the guidelines threshold, judges had substantial discretion in awarding support.

Effective July 1, 2022, Maryland, recognizing the growing numbers of custody cases in “above guidelines” cases, extended the child support guidelines.  The child support guidelines now extend up to a combined annual income of $360,000.00/year or $30,000.00/month.  While judges still have discretion in support orders in “above guidelines” cases, because the support guidelines have been expanded to include much higher household incomes, parents have more certainty in expectations for support orders.

This change only pertains to cases filed after July 1, 2022.  Cases which were pending as of July 1, 2022, are still subject to the previous guidelines.

Does this mean anyone paying child support in Maryland under the old guidelines will be required to pay more beginning in July 2022? Not necessarily.

In Maryland, either party may petition the Court to modify child support upon demonstrating a “material change in circumstances”. Changes to the statutory guidelines in and of themselves do not constitute such a “material change in circumstances” unless you and your spouse agreed, for example in a Settlement Agreement, that they would.

Additionally – in some instances, albeit rarely – it is possible that the application of the new guidelines to the facts in your case may result in a reduction of the payor’s support obligation, rather than an increase.

If you do reach a settlement in your divorce, it is important to consider including language in your Settlement Agreement, at the time of an initial child support calculation, that addresses how child support can be modified in the future. You may benefit from agreeing to automatic recalculations whenever the General Assembly makes modifications to the statutory algorithm, or to an annual exchange of income information so that both parties can assess whether recalculation is appropriate. You may wish to agree that automatic modifications will be retroactive to the date of the statutory change regardless of whether either parent has filed to modify with the Court. And in almost all cases, we recommend clients agree to mediate these issues before either party is permitted to seek relief from the Court.

If you are considering whether to seek a modification of child support you pay or receive, it is important that you seek the advice of experienced counsel to understand the implications of such a request before making it.  Contact Bulman Dunie attorney Meg Rosan at mrosan@bulmandunie.com.