Maryland Special Needs
Maryland calculates child support using the income shares model, which considers both parents’ incomes and adjusts for expenses such as health insurance, child care, and extraordinary needs. This model is governed by Maryland Family Law Code § 12-204, ensuring that both parents contribute proportionally to the financial support of their child.
Special Needs Considerations
Maryland courts recognize that children with special needs may require ongoing care and additional resources that go beyond typical child-rearing costs. As a result, judges have the authority to deviate from standard support guidelines to include:
- Extraordinary medical expenses
- Specialized therapy or treatment
- Adaptive equipment
- Educational accommodations or specialized schooling
- These adjustments aim to ensure that children with physical, emotional, or developmental needs receive the consistent care and support they require.
Case Law
In Wills v. Jones, Maryland courts reaffirmed their ability to increase child support when a child’s special needs create financial demands that standard guidelines do not cover. The ruling emphasized the court’s responsibility to prioritize the child’s ideal interests and long-term care needs.
Child Support Arrears
When child support is not paid, Maryland law allows for enforcement through:
- Wage garnishment
- License suspension (driver’s or professional)
- Tax refund interception
Additionally, interest accrues on unpaid child support (arrears), making timely payments essential to avoid escalating debt and legal consequences.
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Frequently Asked Questions
How does Maryland use the income shares model to calculate child support for children with special needs?
Under Maryland Family Law § 12-204, the income shares model estimates total support as if the family were intact, prorating obligations based on both parents’ adjusted incomes, then adding extraordinary expenses like health insurance, childcare, and special needs costs (e.g., therapy or adaptive equipment) to ensure proportional contributions reflecting the child’s unique requirements.
What special needs considerations allow courts to deviate from standard child support guidelines in Maryland?
Courts may deviate under § 12-204(b) for extraordinary medical expenses, specialized therapy or treatment, adaptive equipment, and educational accommodations or specialized schooling, prioritizing the child’s physical, emotional, or developmental needs to provide ongoing care beyond typical costs.
How has case law like Wills v. Jones influenced special needs child support decisions in Maryland?
In Wills v. Jones (1995), the Maryland Court of Appeals upheld the guidelines’ application while affirming courts’ discretion to adjust support for unmet needs, emphasizing the child’s ideal interests and long-term care in deviations, though later cases like Drummond v. State (1998) further clarified inclusion of disability benefits in calculations.
What enforcement mechanisms does Maryland use for child support arrears, especially in special needs cases?
Unpaid support triggers wage garnishment, driver’s or professional license suspension, and tax refund interception, with 10% annual interest accruing on arrears under § 12-101 et seq., ensuring timely payments to cover escalating special care costs without further financial strain on families.
What recent updates to Maryland child support laws affect special needs cases as of October 2025?
Effective October 1, 2025, HB 275 amended § 12-204 to introduce a multifamily adjustment deduction for supporting other children and explicitly allows additional childcare for special needs, enhancing deviations for extraordinary expenses while the Supreme Court’s June 2025 rules enable electronic service in modifications for faster access to adjusted support.