Every parent has an obligation to support their minor children. That is why most states have stiff penalties for failure to pay. Child support orders are signed when parents divorce and in cases where the parties were not married.
How Child Support Is Determined
It is a good idea to hire a Child Support Lawyer in Frederick. The child support amount needs to be fair and based on what individuals can pay. For instance, a lawyer makes sure the court considers other orders. Indeed, the parties may be paying support for children from another relationship.
Most states, including Maryland, have uniform child support guidelines. The guidelines incorporate an “income shares” formula that emphasizes the duty of both parents to support the child. Further, custody plays a major role in determining the amount of child support.
Formulas Used To Calculate Support
The amount of time each parent spends with the minor child dictates the support amount. If one parent has less than 128 overnight visits per year, the primary custody formula is used. If both parents have 128 overnights, a shared custody formula will be used. In addition, parents are given credit for other payments including things like private school and health insurance.
Sometimes, the court uses out-of-guideline figures to calculate support. A Child Support Lawyer is particularly helpful in these cases. Out-of-guideline figures are used when the parties make more than $15,000 per month.
The Court Reviews Imputed Income
Lawyers may argue that child support should be based on imputed income. This means that someone with a Master’s Degree cannot work at a convenience store to avoid paying more child support. Rather, the judge bases child support on what the parent is capable of earning.
Parents must pay child support until a child turns 18 or graduates from high school. Further, child support payments may continue for disabled children. However, the court does not require parents to pay for college.
Parents may file for a child support modification if they have a change in circumstances. These changes include acquiring more physical custody or losing a job. For more information, call a lawyer to schedule a consultation.
