By Kristina Otterstrom, Attorney · Brigham Young University J. Reuben Clark Law School
A couple with a wedding in the works probably isn't thinking about child support. However, if you have children from a previous relationship, it's important to understand how changing your marital status may affect support payments. This article provides an overview of how a second marriage affects child support in Maryland. If you have questions, please contact a local family law attorney for advice.
In This Article- Child Support Basics in Maryland
- Modifying a Child Support Order
- Impact of Remarriage on Child Support in Maryland
Child Support Basics in Maryland
All parents must financially support their children. This legal obligation applies to both custodial and noncustodial parents. Nevertheless, typically only one parent pays support under a child support award.
Maryland has established a formula for calculating child support based on parents' actual income. For child support purposes in Maryland, a parent's actual income includes the parent's salary, wages, commissions, bonuses, dividend income, pension income, trust income, and social security benefits. Notably, actual income includes severance pay and gifts only in certain circ*mstances. A parent can easily estimate his or her support obligation by using both parents' actual incomes.
A judge may deviate from Maryland's child support guidelines if exceptional circ*mstances exist. A child with significant medical expenses or the need for specialized therapy may require an increased support award. A judge can order a support deviation where an increased need exists or if a parent has a limited ability to pay support. Nevertheless, a child support award is rarely permanent. Circ*mstances can change throughout a child's life, and parents may have their support obligations adjusted accordingly.
Modifying a Child Support Order
Child support won't change automatically when a parent's lifestyle changes. Nevertheless, either parent can request to modify child support if there's been a material change in circ*mstances. A material change can be a job change, the addition of a new child and even a remarriage. It's important to file a modification request as soon as circ*mstances change because support can't be modified retroactively.
A New Spouse's Income Isn't the Remarried Parent's Income
When calculating child support, a court can't assign a new spouse's income to a parent. Maryland's statue specifically defines income as the "actual income of a parent", not a parent's subsequent spouse. For example, in one Maryland case, the court explained that a subsequent spouse's income couldn't be assigned even to an underemployed parent. In the case, the court refused to consider the father's new wife's income potential even though her earning ability was higher than his.
A judge will examine the parents' incomes and lifestyles when deciding support. Although a new spouse's finances can't be considered in a support modification action, his or her financial contributions are relevant. A parent's support obligation may be increased if a judge discovers that a new spouse is paying all the parent's bills. The reasoning behind this rule is that a parent with fewer financial obligations has more money available to pay child support.
A Court May Impute Income
An unemployed or underemployed parent won't necessarily get his or her child support obligation lowered. In many cases, a court will impute or assign additional income to a low-earning parent. A court will look at a number of factors before deciding an income imputation is appropriate, including:
- the parent's recent work history
- the parent's physical condition
- the parent's efforts to find employment
- the parent's occupational qualifications
- the parent's education level
- the prevailing job opportunities, and
- the earning levels in the local community.
In one Maryland case, a court refused to impute additional income to a father even though his income was cut in half. The court upheld the father's decision to move to the country where wages were much lower. As a result, the court decreased the father's child support obligation rather than imputing income. Likewise, a court will typically not impute income to a disabled parent or a parent who has caregiver responsibilities that prevent he or she from working outside the home.
Impact of Remarriage on Child Support in Maryland
Remarriage itself doesn't amount to a material change in circ*mstances sufficient to modify child support. However, remarriage's financial effects can justify a support adjustment. For example, in one Maryland case where both parents had remarried, the court adjusted support because the parents' change in incomes was a material change in circ*mstances.
Remarriage can never change a parent's legal duty to support his or her child. A parent's financial obligation to his or her child won't end just because a new marriage begins. Nevertheless, in one Maryland case, a support reduction was justified because the remarried parent gave birth to a new child. While remarriage alone won't change child support, remarriage's effects can change a parent's ability to pay support. Ultimately, a court will compare a current and former family's needs when deciding support.
Remarriage's long-term impact on child support is different in every case. If you have additional questions about the consequences of remarriage on support payments in Maryland, contact a local family law attorney for advice.
FAQs
A. If a parent remarries, and even if that parent has more children, he or she still pay must pay child support to the children of the first marriage.
Do you still get child support if you remarry in Maryland? ›
Remarriage can never change a parent's legal duty to support his or her child. A parent's financial obligation to his or her child won't end just because a new marriage begins. Nevertheless, in one Maryland case, a support reduction was justified because the remarried parent gave birth to a new child.
What is the new child support law in Maryland? ›
The new version of Md. Code, Fam. Law § 12-204, which took effect on July 1, 2022, now provides a schedule of basic child support obligations for parents with a combined adjusted actual income up to $30,000 per month, or $360,000 per year.
Does alimony end when you remarry in Maryland? ›
Remarriage of the payee spouse, the recipient spouse will automatically terminate alimony unless the parties agree otherwise in writing. If the payor spouse got married, then that does not terminate his or her order to pay alimony. If either party dies, their alimony terminates immediately.
What is the average child support payment for one child in Maryland? ›
What's the average amount of child support that is paid? As of this writing, the average child support in the state of Maryland is 66.6 percent for the parent who does not have custody of their children. They would pay $666 in child support per month on average.
What happens when a parent remarries? ›
The remarriage of the custodial parent usually means big changes for everyone involved. This often includes a new home or at least a new living arrangement. If the stepparent has children, it also means new siblings. Perhaps a second marriage even entails relocating to a new city.
Do you have to pay child support if you have joint custody Maryland? ›
It is important that both parents contribute to the raising of their children, even in joint custody cases. The amount of child support charged to each parent depends upon the amount of time each parent spends with the child, as well as each parent's income and the expense of raising the child.
Does MD child support automatically stop at 18? ›
Child support orders in California are legally enforceable until the child turns 18 years old, and parents are obligated to continue paying child support according to the terms of the order until the child's 18th birthday.
What is the deadbeat dad law in Maryland? ›
Contempt Proceedings: If a non-custodial parent repeatedly fails to comply with a child support order despite enforcement efforts, the court may initiate contempt proceedings. This involves holding the individual in contempt of court for willful non-compliance, which can lead to fines or imprisonment.
What is the statute of limitations on child support in Maryland? ›
The 12 year statute of limitation is from the last payment that was owed. Unless the court entered a judgment regarding the arrears, then the statute of limitation is different and said judgment could be reestablished.
The receipt of your share of the joint property, however, may disqualify you from receiving anything. For instance, if you and your spouse receive an equal share of the real property funds, the court is unlikely to grant you alimony.
Can I go after my ex-husband's new wife for alimony? ›
Typically the answer is no, but call for a free consultation to discuss your specification situation. In most states, a substantial change in need or a change in the ability to pay may be grounds for a post-judgment modification of spousal support/alimony.
How long after a divorce can you remarry in Maryland? ›
No Waiting Period in Maryland
Although Maryland allows anyone to get married right away following a divorce, it usually is a better idea to wait at least a few months if not a year or so to remarry. Moving on from a divorce is more complicated legally as well as personally, especially if children are involved.
What are the new child support guidelines in Maryland? ›
Increased Income Threshold
Until June 30, 2022, the Maryland Guidelines mandatorily and presumptively applied to parents who had combined monthly incomes ranging from $100 to $15,000. Effective July 1, 2022, parents who have combined monthly incomes ranging from $15,000 to $30,000 are subject to the Guidelines.
How does getting married affect child support in Maryland? ›
The new spouse's salary has no bearing on what must be paid. If the parent receiving the child support is the one who remarries, the same rule applies. Even if their spouse earns a significant salary, it won't affect child support payments.
Does Maryland have a cap on child support? ›
The upward adjustment contains some meaningful changes. First, while existing guidelines top off at a combined adjusted annual income of $120,000 or $10,000 per month, the new MD child support guidelines increase it to $180,000 per annum or $15,000 per month.
Can you stop child support if both parents agree in Maryland? ›
Even if parents agree to forgo child support, it's essential to understand that legal obligations persist and certain courts may Order a parent to pay child support.
When can I remarry after divorce in Maryland? ›
No Waiting Period in Maryland
Although Maryland allows anyone to get married right away following a divorce, it usually is a better idea to wait at least a few months if not a year or so to remarry. Moving on from a divorce is more complicated legally as well as personally, especially if children are involved.
Does getting remarried affect child support in Virginia? ›
In general, remarriage will not affect whether or not you receive child support. Under the law, the child's' birth parents have a responsibility to care for the child.
What happens to child support if I remarry in Texas? ›
A New Spouse's Income Won't Affect Child Support in Texas
The Texas Family Code makes it clear that courts shouldn't consider a new spouse's income in calculating child support. But there's been a growing trend to allow courts to look at a new spouse's income to see if it affects your ability to pay child support.
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