The process is straight forward with a little complexity at certain points. Basically, Maryland Law first defines what is the income of each parent. And just to mention overtime and income from a second job are each included in income for child support purposes. Some times under specific circumstances a non working parent can be assessed an income. However assuming each parent is working Maryland Child Support law simply takes each income and calculates the child support obligation by a mathematical formula. The amount of the child support obligation can be affected by variables. Such as a use and possession order, self employment, child care cost, other child support payment, other alimony payments, and the number of overnights the non custodial parent has with the child. Also, just to mention when the combined incomes exceed the guideline amounts, that also can affect the child support calculation. However, the generally accepted practice in nearly all courts is to extrapolate the child support figures in the above guideline cases. If you desire however you can make the argument that the guidelines do not apply in above guideline cases and argue for a fact driven calculation.

Practice Tip:

There are some points of interest relative to child support modifications. If the child support was initially the result of a Court Order you can seek a modification upon a show of material change in financial circumstances. Generally any increase or decrease in the child support amount (not necessarily a decrease or increase in the income) that would increase or decrease the child support by 25% is a material change of financial circumstances.  If however the child support was arrived at by agreement between the parties and that agreement was later incorporated in the judgment of divorce, then the child support can be modified only upon the showing of (1) that the modification of the child support is in the child(ren) best interest and (2) that the new proposed child support figure is in the child(ren) best interest. I have located cases in Maryland where the Court has reduced the child support as it was in the kids best interest. Mostly the cases revolve around a changed circumstance of course and the impact of the change circumstances on the payer's ability to maintain visitation and or relationships with the children. Apparently Maryland will forgo money in exchange for fostering relationships and quality contact between parent and child.