Child support matters can be challenging and emotionally charged for families. When parents separate, ensuring the well-being of children while addressing legal and financial responsibilities can feel overwhelming.
At The Bishop Law Group, we understand the complexities and hardships that child support cases bring. We are here to support you and your family with expertise, dedication, and compassion, helping you navigate this process with care and confidence.
If you are seeking an experienced and compassionate Baltimore family lawyer you can trust, call The Bishop Law Group today to discuss the details of your case. Our firm proudly serves clients throughout Maryland, including Baltimore, Ocean City, and other nearby areas.
Modifying Child Support
Child support arrangements are designed to meet the financial needs of children, but life circumstances can change over time. In Maryland, modifications to child support payments must be requested through the court.
This guide explains the key aspects of modifying child support, including the process, qualifying situations, and legal considerations.
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Changing Child Support Payments
Child support modifications do not occur automatically. A parent must formally request a change by submitting a written motion—a legal request—to the court that issued the original child support order.
Who Can Request a Modification?
Either parent may request a change in child support, whether they are the paying parent or the recipient. Modifications can be sought until the child turns 18 or, if still in high school, until the child reaches 19.
Court Requirements
To approve a modification, the court must determine that there has been a material change in circumstances. This means the change must be significant and relevant to the financial or personal situation of either the parent or the child.
Situations That May Lead to a Modification
During the time a child support order is in effect, circumstances may change significantly. Maryland courts recognize these “material changes” as valid reasons to modify child support orders.
Examples of Material Changes
- Income Changes: A substantial increase or decrease in either parent’s income may justify a modification. Generally, a change of at least 25% in income is considered sufficient to warrant a review. Smaller changes may still qualify but are not guaranteed to lead to a new support order.
- Changes in the Child’s Needs: If a child develops a medical condition, becomes disabled, or requires additional financial support, the court may adjust payments accordingly.
- Cost of Living: As children grow older, their needs—including food, clothing, and education—often increase. This may justify raising support payments.
- Custodial Parent’s Financial Status: Support payments may be reduced if the custodial parent experiences a significant improvement in their financial situation, such as inheriting money or receiving a large salary increase.
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How to Request a Change to a Child Support Order
There are two primary methods for requesting a modification of child support, depending on how the payments are processed:
1. Through the Maryland Child Support Administration (CSA)
If your payments are managed by the Maryland Child Support Administration (CSA), either parent may request a review of the child support order once every three years. To do this:
- Submit your request in writing to the Office of Child Support Enforcement.
- Include your reasons for requesting the review, your child support case number, and any relevant identifying information.
- Keep a copy of your request for your records.
2. Directly Through the Court
If your payments are not processed through the CSA, you can file a motion to modify the child support order at any time. File this motion in the circuit court that issued the original order.
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Addressing Voluntary Impoverishment
A parent cannot avoid child support obligations by deliberately reducing their income. This is referred to as voluntary impoverishment.
What Is Voluntary Impoverishment?
Voluntary impoverishment occurs when a parent makes a conscious choice to remain without adequate financial resources to fulfill their support obligations, rather than being forced into such a situation by external factors.
Imputing Income
If the court determines that a parent has voluntarily impoverished themselves, it may assign an income level based on the parent’s potential earnings, rather than their actual income. This process is called “imputing income.”
Factors the court considers when imputing income include:
- Age, health, and education level
- Special skills, training, and occupational qualifications
- Employment history and efforts to secure a job
- Employment opportunities in the local area
- Assets and income from other sources
- Any additional factors that impact the parent’s ability to earn
Contact a Baltimore Family Law Attorney Today
If you or a loved one needs a modification of child support or just wants to know more about it, The Bishop Law Group can provide guidance throughout the process. Contact us to schedule a consultation.
Call or text (410) 390-3101 or complete a Free Case Evaluation form
