For anyone preparing to face the divorce process, there are numerous questions and obstacles, as well as points of confusion and stress. One of the most common questions people have is how much child support they will have to pay or, conversely, how much child support they will receive. Each state uses its own protocols to determine this, as family law is not handled at the federal level. So when looking at the state of Maryland, how is child support calculated?
There are numerous factors that will influence the calculation of alimony, but there are two that are really the most important. The first is whether the two parties have shared physical custody or whether one party has sole or primary physical custody.
This is also not a judgmental decision, it is based on a set percentage of the year. Previously, the state of Maryland required each party to have 128 overnight stays with their children to qualify for joint custody. This figure represented 35% of the year. Then, the state of Maryland moved to change and update its legislation, with the new level of 92 overnight stays per year. The amended legislation reduces the minimum percentage of overnight stays to 25% of the year.
This reduction in requirement overnight will affect different people in different ways. Ultimately, more people will qualify for joint physical custody of your children, reducing child support payments in the process, whether you are the person paying or receiving the support.
One common sense application of this reduction is that parents who have an agreement to have their children two nights a week, or 2/7 a week, now qualify as joint custody. This would be equivalent to 104 overnight stays per year.
The second main factor that affects Maryland child support calculations is the income each party earns. Of course, this largely determines the amount of money that one party will have to pay the other for the care of the child. Paying certain types of expenses also upsets the calculations. There is also a guideline in Maryland that it is not necessary to use the standard calculations if both parents cross a minimum threshold for income level, in this case earning more than $ 15,000 per month, which represents combined annual wages of $ 180,000.
As mentioned, child support laws, calculations, and guidelines change from state to state and can also be updated over time. Be sure to work with a local attorney with experience in your state or region who will be able to guide you through the process and provide you with information on current legislation.