Client Update – Change to Maryland Child Support Laws

The battle over 128 overnights has ended!

Many divorcing parents in Maryland fought to obtain 128 overnights of access to a child per year. Having 128 overnights meant that a parent was deemed to have “shared custody” for child support calculations. Less than 128 overnights meant that the other parent was deemed to have “sole custody” for child support calculations.

As of October 1, 2020, the 128 overnight “cliff” in the Maryland Child Support Guidelines between “sole custody” and “shared custody” was replaced.

Under Maryland’s new law, parents are considered to have “shared physical custody” for purposes of calculating support if they each have the minor child(ren) for more than 92 overnights per year. However, the new support calculation is not a black and white issue of “shared” custody versus “sole” custody. The amended Maryland Child Support Guidelines incrementally adjust child support based on the number of overnights each parent actually has the child(ren).

Important Note

It is critical to note that the updated guidelines apply to modifications of child support orders entered before October 2020. If you have an existing child support order from before October 2020, this change in law may impact child support in your case.

If you would like to schedule a review of your existing child support order, do not hesitate to contact our family law attorneys Jane Rodgers at jrodgers@bulmandunie.com or Meg Rosan at mrosan@bulmandunie.com.