Child Support in a Nutshell

The size of your child support payment depends heavily on where you live, according to research from Custody X Change. Our clients hire Cordell & Cordell because the firm is committed to relentlessly advocating for the rights of individuals and parents involved in divorce or family law matters. Connect with a local Cordell & Cordell attorney for accurate, state-specific legal advice on divorce, custody, and spousal support issues. Contact an attorney to review your case if you are worried the child support you are paying is too high, or if you would like a more accurate approximation of what the costs may be following a divorce in your stat The Prisoner Forgiveness Program targets recently released prisoners and forgives state‐owed arrears for those who are approved for the program and pay 12 consecutive months of current support plus a nominal amount toward arrears. With the approval of the court, the parties have the right to compromise and settle child support arrears owed directly to the person owed support (family-owed arrears). If the court approves the settlement, DCS will remove the arrears from the case. If the parents agree to a lump sum equal parenting time and child support reduction settlement for arrears owed to the family, DCS has a forgiveness of arrears form, which the parties can sign. Child support workers do have some discretion to negotiate a lump sum settlement of 75% of state-owed arrear If a self-employed parent fails to provide accurate and transparent financial information, the court may impute income to them. This approach provides a more accurate reflection of their financial capacity to meet child support obligations. The court typically begins the income calculation by considering the self-employed parent’s gross income. Self-employment often involves variable income, business expenses, and unique financial considerations. Perhaps not surprisingly, self-employed individuals often have either poor or misleading financial records which tend to minimize the amount claimed as incom If the order is paid through SCU, the non-custodial parent may be eligible for programs to reduce their arrears. The modification to child support remains only during the time the parent is in jail or prison and payments will become due again after the parent’s release. The imprisoned parent should notify Child Support Enforcement and the Court that they are in jail or prison and request a child support modification. These missed payments are called "arrears." To stop or reduce the child support while in jail or prison, the parent must file a motion to modify child support. SCU can also help the custodial parent with locating and serving court papers to the non-custodial parent. If the custodial parent chooses for support payments to go through SCU, SCU will create accounts for both parents to keep track of payments. You can do this by filing a petition for downward modification at the same Family Court that decided your last child support order. You must go to Family Court to file a petition for a downward modification. The court will not automatically lower your order of child support. DSS/CSE cannot modify private order Child support calculations under the guidelines are based on the parents' current incomes at the time the order is entered, so their income statements should be verified through documentation of both current and past income. Even if your business isn't currently profitable, Maryland courts may still impute income to you based on your previous earning capacity, experience, and potential. However, the courts will still expect you to contribute to the support of your child based on what you are capable of earning. As a self-employed person, understanding how income is calculated for child support purposes is crucial to ensure that you are meeting your obligations while also taking into account the unique nature of self-employment income. This can happen due to hidden assets, improperly calculated income, and a variety of other issues. Unique Child Support Considerations for Self-Employed Parents Subtracting $60,000 in costs attributed to inventory, rent, and marketing, the boutique owner’s net resources total $120,000 per year, or $10,000 monthly. After legitimate business expenses totaling $40,000, the net resources are $100,000 annually, or approximately $8,333 monthly. If you or your spouse/other parent are self-employed or a high-income earner involved in a child support or alimony lawsuit, it is in your best interests to consult an experienced attorney for legal guidance throughout your case. Expense reimbursements or in-kind payments (e.g., use of a company car, free housing, reimbursed meals) received by a parent in the course of employment, self-employment, or operation of a business are also counted as income if they are significant and reduce personal living expenses. Gross income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership or closely held corporation is defined as gross receipts minus ordinary and necessary expenses required for self-employment or business operation. According to the state’s child support guidelines, a parent’s income from self-employment or operation of a business will be taken into consideration when determining child suppor