Maryland Child Support
 Did
you want fries with that? In this case, a MD child support payment schedule comes with a Maryland
divorce. Child support is expected to be divided between the parents in proportion to their adjusted actual incomes.
If one or both parents have made a request for alimony or maintenance in the proceeding in which a child support award is
sought, the court will decide the issue and amount of alimony or maintenance before determining the MD child
support obligation.
In the event that the court awards alimony or maintenance, the amount of alimony or maintenance will be considered actual
income for the recipient of the alimony or maintenance and will be subtracted from the income of the payer of the alimony
or maintenance before the court determines the amount of a child support award.
Should a parent be voluntarily unemployed or under-employed, child support can be imputed
(assumed and assigned).
Child care expenses incurred on behalf of a child due to employment or job search of either
parent shall be added to the basic obligation and shall be divided between the parents in proportion to their adjusted actual
incomes.
Except in cases of shared physical custody, each parent's child support obligation
shall be determined by adding each parent's respective share of the basic MD child support obligation,
work-related child care expenses, extraordinary medical expenses, and additional expenses. The court expects that the custodial
parent will spend that parent's total child support obligation directly on the child or children.
Maryland child support guidelines provide that in cases where a marriage
annulment or marital annulment is sought, and there are children of the marriage, that those children be afforded the same
rights, protections and parental financial support, including that the children are not considered illegitimate offspring
of the parents, that other children of the state receive. Termination of Maryland child support occurs at age 19 if the child
is still in High School.
If a marriage separation (sometimes referred to as a marital separation or legal separation)
has been decreed, the court may make such further orders for the support and maintenance of either spouse and for the support,
maintenance, and education of minor children, by either spouse, or out of the property of either spouse, as the court deemed
appropriate.
Calculating Support for Shared Physical Custody
'Shared physical custody' means that each parent keeps the child or children overnight for more than 35% of the year
and that both parents contribute to the expenses of the child or children in addition to the payment of child support. In
cases of shared physical custody, the adjusted basic child support obligation shall first be divided between the parents
in proportion to their respective adjusted actual incomes, then each parent's share shall be multiplied by the percentage
of time the children spend with the other parent to determine the theoretical basic child support obligation owed to the
other parent. The parent owing the greater amount shall owe the difference in the two amounts as child support.
Are you a
parent just starting out with divorce, and need a blueprint, or guidance, on how to put it together without it costing an
arm and a leg? Start with these documents:
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Maryland Child Custody
 A
Maryland divorce that includes children is governed by child custody laws. In such cases, Maryland laws mandate that
a parent is the sole natural guardian of the minor child if the other parent:
dies; abandons the family; or is incapable of acting as a parent. The parents of a minor child
are jointly and severally responsible for the child's support,
care, nurture, welfare, and education, and have the same powers and duties in relation to the child. If the parents live
apart, a court may award custody of a minor child to either parent or joint custody to both
parents. Neither parent is presumed to have any right to custody that is superior to the right
of the other parent. A child who is 16 years old or older and who is subject to a child custody custody order or decree may
file a petition to change child custody.
Maryland Child custody laws prohibit access to medical, dental, and educational records
concerning the child from being denied to a parent because the parent does not have physical custody of the child.
Are you just starting out with divorce, and need a blueprint, or guidance, without it costing an arm and a leg? You will
be well served by developing your own Parenting
Plan, Visitation Schedule and Child
Custody Schedule.
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Keep your children out of the middle of your divorce.
Choose a Child-Centered divorce instead
 Child Visitation
Co Parenting
Maryland divorce laws allow you and your partner the opportunity to fashion a Parenting
Agreement and Visitation Schedule.
Should there remain disputes about the division pf parenting time, the court will impose a schedule without any input by
you. Be aware, however, that if you two cannot agree on an overall Parenting Plan, the court will have one for you; one that
may be disagreeable to at least one of you. If you and your spouse can agree on a parenting schedule, leave nothing to interpretation.
Be as specific as you can including the right language in your agreement. How will custody be defined in the final decree?
What are the rights and responsibilities? Who has legal custody? Which holiday does the child spend with you? What time and
where may the other parent pick
the child up? What time should the child be returned home? What is the procedure to follow if either of you are running late
and won't be there on time? How much notice should you be given if they are planning a vacation? How far away may the other
spouse move? What about future partners?
Should those partners stay overnight in front of the children? If you are unable
to reach agreement, the court will impose a standard set of times that may include: alternate weekend visitation (3-day weekends
included), mid-week visitation, sharing of the children during periods of school recess -winter, spring and summer, New Year's
Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the
other in alternate years, Father's Day with Father, Mother's Day with Mother, alternate years on the children's
birthdays, and open communication by phone and computer.
If you and the reasonable and loving less than enthusiastic divorcing spouse are unable to agree to
a plan, you should know that the court will impose its own plan, and normally one parent is unhappy with the division of
parenting time. This would be your clue to making a plan work with your spouse a high priority.
When putting together a Parenting Plan, you'll want to avoid forgetting, or omitting any important details.
One way to cover everything is to use a Parenting
Plan Template.
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 Spousal Support
Maryland Alimony
Maintenance
Alimony (also known as spousal support or maintenance) may be awarded to either party by the court if there is a request for alimony, or as part of a decree that grants:
 an annulment;
a limited divorce; or
an absolute divorce.
Such awards can be for specific periods of time, or permanent. Factors that lend themselves
to a fair and equitable award can be:
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the ability of the party seeking alimony to be wholly or partly self-supporting; |
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the time necessary for the party seeking alimony to gain sufficient education
or training to enable that party to find suitable employment; |
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the standard of living that the parties established during their marriage; |
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the duration of the marriage; the contributions, monetary and non
monetary, of each party to the well-being of the family; |
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the circumstances that contributed to the estrangement of the parties; |
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the age of each party; the physical and mental condition of each party; |
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the ability of the party from whom alimony is sought to meet that party's
needs while meeting the needs of the party seeking alimony; |
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any agreement between the parties; |
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the financial needs and financial resources of each party, including:
all income and assets, including property that does not produce income; |
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any award made under Maryland divorce laws §§ 8-205 and 8-208
of this article; |
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the nature and amount of the financial obligations of each party; and
the right of each party to receive retirement benefits; and |
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Alimony can be awarded for an indefinite period if the court finds that: due
to age, illness, infirmity, or disability, the party seeking alimony cannot reasonably be expected to make substantial
progress toward becoming self-supporting; or even after the party seeking alimony will have made as much progress toward
becoming self-supporting as can reasonably be expected, the respective standards of living of the parties will be unconscionably
disparate. |
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Legal Separation
Marriage
Separation
In MD, if a couple are living separate lives, are not having sexual
relations and are not sleeping under the same roof (in the same residence), then they are separated.
A formal legal separation (sometimes referred to as a marital separation) is not necessary
in Maryland to have a couple considered separate. Couples are wise to put together and agree upon a separation agreement
that settles all of their marital property rights, alimony claims, and other issues. A separation or "legal separation" is usually
sought by one of the parties that wants to terminate the relationship but wishes that the marital status not be interrupted
for religious or health care insurance coverage reasons.
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Waiting
Period
The parties may be required to participate in good faith in reconciliation
efforts prescribed by the court. No waiting period exists.
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Grandparents Rights
The court may consider a petition for reasonable visitation of a grandchild by a grandparent,
and if the court finds it to be in the best interests of the child, grant visitation rights to the grandparent.
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 Divorce
Settlement
Distribution of Assets
Do you want to fashion your own divorce settlement? If the answer is yes, MD affords you the opportunity
to come to a divorce settlement with your spouse, or the court will impose its own divorce settlement of the marital assets.
The court will divide those marital assets in an equitable manner. It will determine which property is marital property,
determine the value of the marital property, and may transfer ownership of an interest in property,
grant a monetary award, or both, as an adjustment of the equities and rights of the parties concerning marital property,
whether or not alimony is awarded.
The court may transfer ownership of an interest in: A pension, retirement, profit sharing,
or deferred compensation plan, from one party to either or both parties; and subject to the consent of any
lien holders, family use personal property, from one or both parties
to either or both parties.
Marital property includes the property acquired during the marriage, excluding property acquired
prior to marriage, acquired by inheritance of gift from a third party, excluded by a pre-nuptial agreement or other mutually
agreed contract, or property directly traceable to the property described above.
Retirement Plans
The court may transfer assets from retirement accounts from one party to another, and/or order a cash reward.
Considerations for dividing retirement assets include:
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contributions,
monetary and non-monetary, of each party to the well-being of the family; |
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value
of all property interests of each party |
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economic
circumstances of each party at the time the award is to be made |
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circumstances
that contributed to the estrangement of the parties |
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duration
of the marriage |
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age of
each party |
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physical
and mental condition of each party |
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physical
and mental condition of each party |
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particulars
about pension, retirement, profit sharing, or deferred compensation plan and their acquisition |
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Residency Requirements
If the grounds for the divorce occurred outside of this State, a party may not apply for a divorce unless
one of the parties has resided in this State for at least one year before the application is filed.
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Marriage Annulment
Mediation
