Maryland uses the Income Shares Model to calculate child support, which considers the income of both parents as if the family were intact. The total child support obligation is divided between the parents in proportion to their respective incomes considering it for healthcare, childcare costs, and other expenses. The state’s guidelines provide a structured framework for calculating support, with adjustments made for shared custody and special needs.

Calculation Method: Income Shares Model

Maryland uses the Income Shares Model, which estimates what parents would have spent on their children if they lived together. This total amount is then split based on each parent’s share of the combined income.

1. Basic Formula
   • Child support is typically calculated by:
   • Determining each parent’s share of total combined income
   • Applying that percentage to the child support obligation
   • Adjusting based on the number of overnights each parent has with the child
2. Guidelines and Thresholds
   • Guidelines Table: Maryland provides a standardized table for child support calculations, applicable up to a combined parental income of $15,000/month.
     
   • Above the Threshold: For combined incomes exceeding this amount, the court has discretion to set a fair support amount based on the child’s needs and standard of living.
     

Relevant Case Law

• Voishan v. Palma (1992): The Court of Appeals of Maryland upheld the use of the Income Shares Model and emphasized the importance of following statutory guidelines to ensure equitable support determinations.
• Petitto v. Petitto (1999): This case clarified that Maryland courts have discretion in awarding child support above the guideline limits to address the needs of the child.

Arrears and Collection

• Collection Rights: In Maryland, child support arrears can be collected through wage garnishment, tax refund interception, and property liens. Interest accrues on unpaid child support.
• Defenses Against Collection: Common defenses include proving payments were made directly to the custodial parent or demonstrating financial hardship that affected the ability to pay.

Maryland Child Support Statutes

1. Key Statutory Provisions: Maryland Family Law Article, Title 12

• • § 12-201: Definitions
    • Defines key terms used throughout the child support statutes, including “income,” “obligor,” “obligee,” and “support guidelines.”
  • § 12-202: Duty to Support
    • Establishes the duty of parents to support their minor children and the circumstances under which this duty is enforceable.
  • § 12-203: Application of Guidelines
    • Outlines the application of child support guidelines and mandates their use in determining child support obligations, except in extraordinary situations.
  • § 12-204: Child Support Guidelines
    • Provides a detailed formula for calculating child support, based on the combined adjusted actual income of the parents and other relevant factors.
  • § 12-204.1: Shared Physical Custody
    • Specifies adjustments to child support obligations when parents share physical custody of the child, defined as each parent having the child for more than 35% of the year.
  • § 12-205: Deviation from Guidelines
    • Allows courts to deviate from the guidelines if applying them would be unjust or inappropriate, given the circumstances of the case.

Interpretation and Application by Maryland Courts

1. Key Interpretations
   • Use of Guidelines as a Starting Point
     • Maryland courts use the child support guidelines as a starting point for determining obligations, ensuring that calculations are consistent and predictable.
   • Factors for Deviation
     • Courts may consider factors such as the financial resources of the child, the needs of the parents, and any other relevant considerations to justify deviations from the guidelines.
   • Income Determination
     • In cases such as Voishan v. Palma (1993), the Maryland Court of Appeals emphasized the importance of accurately determining both parents’ incomes to ensure fair child support calculations.
   • Shared Custody Adjustments
     • Courts adjust support obligations in shared custody cases, reflecting the increased costs of maintaining two households for the child.
   • Consideration of Special Needs
     • When determining support, courts consider additional expenses required to meet a child’s special needs, such as medical or educational costs.
2. Notable Case Law
   • Voishan v. Palma (1993)
     • This case reinforced the requirement to follow the guidelines closely unless specific reasons for deviation are justified. The court stressed that deviations must be clearly documented with reasoning and supported by evidence.
   • Karma v. Frank (1996):
     • Addressed how courts should incorporate extraordinary medical expenses into child support calculations, ruling that such expenses warrant deviations to adequately cover the child’s needs.
   • Davis v. Davis (1998)
     • Clarified that voluntary impoverishment or reduction of income does not automatically decrease child support obligations, as the court can impute income based on earning potential.
3. Application in Practice
   • Imputed Income: Courts may impute income to a parent who is voluntarily unemployed or underemployed, basing support on potential earnings rather than actual income.
   • Modification of Orders: Child support orders can be modified if there is a significant change in circumstances, such as changes in income or custody arrangements.
   • Enforcement Mechanisms: Maryland employs various enforcement mechanisms, including wage garnishment, property liens, and tax refund interception, to ensure compliance with child support orders.