The Law Offices Of

KEITH BLAIR BARTNIK, P.A.

GroundsCustodyVisitationSupportProperty
 

Current Blog Entries

Marriage Type Relationship Affecting Alimony in a Maryland Divorce

Divorce In Maryland. Can I Force My Spouse Out of the House?

Child Custody Factors in Maryland Divorce

 

 

 

 

 

 

 

 

 

 

 

 

JurisdictionAlimonySuit MoneyEnforcementContact

     

How Does MARYLAND LAW define income ?

 

(b)(1) "Actual income" means income from any source.
 

(2) For income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership or closely held corporation, "actual income" means gross receipts minus ordinary and necessary expenses required to produce income.
 

(3) "Actual income" includes:
 

(i) salaries;
 

(ii) wages;
 

(iii) commissions;
 

(iv) bonuses;
 

(v) dividend income;
 

(vi) pension income;
 

(vii) interest income;
 

(viii) trust income;
 

(ix) annuity income;
 

(x) Social Security benefits;
 

(xi) workers' compensation benefits;
 

(xii) unemployment insurance benefits;
 

(xiii) disability insurance benefits;
 

(xiv) for the obligor, any third party payment paid to or for a minor child as a result of the obligor's disability, retirement, or other compensable claim;
 

(xv) alimony or maintenance received; and
 

(xvi) expense reimbursements or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business to the extent the reimbursements or payments reduce the parent's personal living expenses.
 

(4) Based on the circumstances of the case, the court may consider the following items as actual income:
 

(i) severance pay;
 

(ii) capital gains;
 

(iii) gifts; or
 

(iv) prizes.
 

(5) "Actual income" does not include benefits received from means-tested public assistance programs, including temporary cash assistance, Supplemental Security Income, food stamps, and transitional emergency, medical, and housing assistance.
 

Adjusted actual income


(c) "Adjusted actual income" means actual income minus:
 

(1) preexisting reasonable child support obligations actually paid;
 

(2) except as provided in § 12-204(a)(2) of this subtitle, alimony or maintenance obligations actually paid; and
 

(3) the actual cost of providing health insurance coverage for a child for whom the parents are jointly and severally responsible.
 

Adjusted basic child support obligation


(d) "Adjusted basic child support obligation" means an adjustment of the basic child support obligation for shared physical custody.

 

Basic child support obligation


(e) "Basic child support obligation" means the base amount due for child support based on the combined adjusted actual incomes of both parents.
 

Combined adjusted actual income


(f) "Combined adjusted actual income" means the combined monthly adjusted actual incomes of both parents.
 

Extraordinary medical expenses


(g)(1) "Extraordinary medical expenses" means uninsured expenses over $100 for a single illness or condition.
 

(2) "Extraordinary medical expenses" includes uninsured, reasonable, and necessary costs for orthodontia, dental treatment, asthma treatment, physical therapy, treatment for any chronic health problem, and professional counseling or psychiatric therapy for diagnosed mental disorders.
 

Income


(h) "Income" means:

(1) actual income of a parent, if the parent is employed to full capacity; or

(2) potential income of a parent, if the parent is voluntarily impoverished.

(i) "Ordinary and necessary expenses" does not include amounts allowable by the Internal Revenue Service for the accelerated component of depreciation expenses or investment tax credits or any other business expenses determined by the court to be inappropriate for determining actual income for purposes of calculating child support.
 

Potential income


(j) "Potential income" means income attributed to a parent determined by the parent's employment potential and probable earnings level based on, but not limited to, recent work history, occupational qualifications, prevailing job opportunities, and earnings levels in the community.
 

Shared physical custody


(k)(1) "Shared physical custody" means that each parent keeps the child or children overnight for more than 35% of the year and that both parents contribute to the expenses of the child or children in addition to the payment of child support.
 

(2) Subject to paragraph (1) of this subsection, the court may base a child support award on shared physical custody:
 

(i) solely on the amount of visitation awarded; and
 

(ii) regardless of whether joint custody has been granted.
 

Are You Confused Yet?

Call My Office For A Free A Free Phone Consultation

1-888-760-7339

 
Anne Arundel County: 7310 Ritchie Highway, Ste 910 Glen Burnie, Maryland 21061 (410) 760-7339

Baltimore City Office Meeting Location: 111 South Calvert Street, Ste 2700, Baltimore, Maryland 21202 (410) 685-7339

Prince George County: 6301 Ivy Lane Suite 700, Greenbelt, Maryland 20770 (301) 474-7339

Howard County: 5044 Dorsey Hall  Ste 205, Ellicott City, Maryland 21044 (410) 740-7339

 

 

Search for Mr. Bartnik on Yahoo, Google and MSN under the following search terms: Maryland Lawyer, divorce, divorce in Maryland, divorce lawyers in Maryland, Maryland Divorce, child custody in Maryland, child support, alimony, MD attorney, Maryland divorce lawyer, attorney, Maryland attorney, marital property, parents visitation rights, Maryland law, child support attorney, military divorce lawyer, Prince George County lawyer, Baltimore City Lawyer, good lawyer in Maryland, Howard County Lawyer, trial attorney, Maryland trial lawyer. Visit our Other Sites at: yourMarylandDivorceLawyer.com A Maryland Lawyer practicing personal injury, divorce, criminal defense and workers compensation law for over 20 years.  MarylandInjuryAttorney.net A Maryland Personal Injury Lawyer. Bartnik-Law.com A Maryland Lawyer practicing personal injury, divorce, criminal defense and workers compensation law for over 20 years. YourMarylandLawyer.com A Maryland Lawyer practicing personal injury, divorce, criminal defense and workers compensation law for over 20 years. Marylandworkerscompensationlawyer.net Maryland Workers Compensation Lawyer. Confused Yet. Call For A Free Phone Consultation. 1-888-760-7339. And please visit our Blogs at http://keithblairbartnikpa.blogspot.com/ Divorce in Maryland. Are You Confused Yet? consultation .http://www.marylandworkerscompensationlawyer.blogspot.com/  http://www.marylandpersonalinjurylawyer.blogspot.com/ and http://www.marylandinjuryattorney.blogspot.com/ and divorceinmaryland.net

 

 

This site was last updated 02/23/09