Maryland Child Support Laws

Table of Contents

• How is child support calculated in Maryland?
• Determining child support
• How to apply for child support
• How to modify child support in Maryland
• What if I get incarcerated?
• What happens if you do not pay child support?
• When does child support end in Maryland?
• Termination of parental rights
• Frequently Asked Questions

If after reading this you have further questions and would like a consultation, you can get a free case consultation from a local lawyer here.

How is child support calculated in Maryland?

Maryland uses the “Income Shares Model” to calculate child support. The state provides worksheets and a schedule of basic child support obligations to determine the appropriate amount.

There are two worksheets:

• Worksheet A: For sole physical custody cases
• Worksheet B: For shared physical custody cases

Download both worksheets here.

Use the official Maryland Child Support Calculator to estimate your obligation.

The basic calculation process:

1. Calculate each parent’s actual monthly income
2. Determine each parent’s “imputed” or actual income
3. Add both incomes together
4. Compare to the Schedule of Basic Child Support Obligation
5. Factor in additional expenses (daycare, health insurance)
6. Calculate each parent’s proportional share

Determining child support

Under Maryland’s Basic Child Support Obligation Guidelines (Family Law 12-201), the court considers:

• “Adjusted actual income” and “actual monthly income”: Income from salaries, wages, commissions, profits, social security, and other sources
• Work-related child care expenses: Daycare and after-school care
• Extraordinary medical expenses: Out-of-pocket costs not covered by insurance
• Health insurance expenses: Premium costs for covering the child

When calculating actual income, the court deducts pre-existing child support obligations. If you are already paying support for another child, bring documentation (pay stubs, payment history).

Voluntary unemployment

“Actual income” means income from any source. “Imputed income” is the amount you could earn if you choose not to work despite being capable.

Under Family Law 12-201, voluntary unemployment or underemployment is not a valid excuse to avoid paying child support. The court may calculate support based on your earning potential.

High-income parents

If combined income exceeds $15,000 per month, the judge determines an appropriate amount based on the best interests of the child.

How to apply for child support

Contact the Maryland Child Support Administration (CSA) to apply for services or call 1-800-332-6347.

You can also initiate a child support case on your own through the courts.

CSA can help with:

• Establishing paternity
• Locating absent parents
• Establishing and modifying support orders
• Collecting and distributing payments
• Enforcing orders

How to modify child support in Maryland

Maryland allows modification when there has been a substantial change in circumstances or a continuing material change in circumstances.

Parents can request a review or modification every three years or earlier if circumstances change significantly.

Valid grounds for modification include:

• Significant change in income (involuntary job loss, disability, promotion)
• Changes in work-related child care costs
• Healthcare cost changes
• Changes in visitation and transportation costs
• Changes in the financial needs of the child
• Changes in custody arrangements
• Change in family size

To request a modification:

1. Contact Maryland Child Support Administration
2. Or file a petition to modify child support with the court

If parents agree on a change, they can sign a consent order, which typically takes 30 to 60 days to process.

Download the full modification guide here.

What if I get incarcerated?

Article 12 of Maryland Family Law allows arrears to stop accruing during incarceration. However, payments resume upon release.

If the incarcerated parent has assets, operates a business, or participates in a work-release program, child support collection may continue during incarceration.

Contact CSA immediately if you become incarcerated to discuss your options.

What happens if you do not pay child support in Maryland?

The Maryland Child Support Administration has extensive enforcement tools:

• Tax refund interception: State and federal tax refunds and lottery winnings can be seized
• Passport denial: The U.S. State Department will revoke, suspend, or restrict passports if arrears exceed $2,500
• License suspension: Driver’s, professional, and occupational licenses may be suspended after 60 days of delinquency
• Bank account levy: Accounts can be garnished to collect arrears
• Credit bureau reporting: Delinquency can damage your credit rating
• Automatic wage withholding: Employers can be ordered to deduct support directly from paychecks
• Unemployment benefits interception: Benefits can be garnished
• Property liens: Liens can be placed on real and personal property
• Financial Institution Data Match (FIDM): Banks report account information to help locate assets

Contempt of court

Willful failure to pay can result in contempt of court charges. Under Family Law 11-110, imprisonment applies only when the parent “can pay and fails to do so.”

Incarceration is a last resort since it hinders earning ability. To avoid jail, the accused must demonstrate inability to pay.

Statute of limitations

Under Title 5-102 of Maryland Code, the statute of limitations on child support is 12 years from the date the last payment is due.

When does child support end in Maryland?

Child support automatically terminates when the child turns 18 and is out of high school. Payments may continue:

• Until age 19 if the child is still in high school
• Indefinitely if the child is mentally or physically incapacitated

College expenses

Parents may agree to share college or university expenses beyond age 18. This depends on your separation or custody agreement and any negotiations between parents. Maryland does not automatically require support for college-age children.

Termination of parental rights

Voluntary termination of parental rights typically applies in adoption cases. The parent legally ends their relationship with the child, who is then placed in foster care or with adoptive parents.

Consequences of termination:

• No say in the child’s upbringing
• No legal responsibility toward the child

The court may also involuntarily terminate parental rights if it serves the child’s best interest (for example, if a parent is found unfit).

Emancipation in Maryland

Maryland recognizes two types of emancipation:

Complete emancipation: Both parents lose all legal responsibility

Partial emancipation: A parent loses responsibility for a specified period, special purpose, or portion of rights

To qualify for emancipation, a child must:

• Reach age 18, OR
• Join the military, OR
• Get married with parental consent, OR
• Have a parent formally or informally give up parental control

The court may also approve emancipation if the parent abuses the child or willfully fails to pay child support.

Frequently Asked Questions

Are visitation rights dependent on child support?

No. Child support and visitation are legally separate issues. One parent cannot deny visitation because of unpaid support, and a parent cannot stop paying support because visitation is being denied. If either is occurring, consult with an attorney.

Can parents agree to waive child support?

No. Maryland law does not allow child support waiver because “the right to receive child support is a right that belongs to a child,” not the parents.

Is an attorney necessary?

While not legally required, laws change frequently and navigating them alone can be challenging. Consider working with an attorney or using one as a consultant if you represent yourself.

Where can I get free help?

Maryland courts have Family Court Help Centers offering free legal assistance with family law cases. The courts also provide a Guide and File tool to complete forms online.

If you have additional questions, get a free consultation from a local lawyer.

More Maryland Laws