Frequently Asked Questions About Child and Spousal Support
How is child support established in Maryland?
Child Support is governed and established by use of the Maryland Child Support Guidelines. In any proceeding to establish or modify child support, whether temporary or permanent, the court will apply the guidelines as set forth by statute. Although the court has the power to deviate from the guidelines, it will only do so where it finds that use of the guidelines would produce an unfair or inappropriate result. Therefore, although you and the other parent can agree on an amount of child support, the court will still calculate the amount of child support according to the guidelines and will only deviate from it if the agreed upon amount is in the best interest of the child.
How can I receive child support for my children?
You can request child support by filing a request for an initial order of the court. You can also seek a modification of an existing court order for support. You may request or modify child support at any time prior to the child reaching the age of 18 years (or 19 years if the child is still in high school); or, in the case of a disabled child, beyond the age of 18. In addition to basic child support, the court will also consider work related child care; extraordinary medical expenses; and educational expenses in setting the overall child support award.
May I receive alimony/spousal support when I divorce?
"Spousal support", "alimony", or "spousal maintenance" is the amount paid by one spouse to the other spouse to subsidize income lost after divorce. A court may award temporary alimony for a period of time, during the course of the litigation or, in rare instances, permanently. Generally an alimony award is made at the time of divorce. However, if the right to receive alimony is reserved, the court may set an amount of alimony at a later date. Whether and in what amount a court will award alimony depends on a variety of factors including, but not limited to:
- The ability of the party seeking alimony to be wholly or partially self-supporting;
- The time deemed necessary by the court for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment;
- The standard of living of the parties established during the marriage;
- The duration of the marriage;
- The contributions, monetary and non-monetary, of each party to the well-being of the family;
- The facts and circumstances leading to the estrangement of the parties and the dissolution of the marriage;
- The age and physical and mental condition of each party;
- The ability of the party from whom alimony is sought to meet his or her needs while meeting those of the party seeking alimony;
- Any agreement between the parties;
- The financial needs and resources of both parties, including:
- All income and assets, including non-income producing property;
- Any marital property award;
- The nature and amount of the financial obligations of each party; and,
- The respective rights of the parties to receive retirement benefits; and,
- Such other factors as the court deems it necessary or appropriate to consider in order to arrive at a fair and equitable award of alimony.
Fault is not an absolute bar to alimony but only one factor to be considered by the court. Spouses may be eligible for alimony even if they are at fault if other factors support an award of alimony/spousal support.