After a court has entered a Judgment of Divorce in the state of Maryland, it is possible to\u00a0modify child support or child custody.\u00a0\u00a0An individual in the state of Maryland is allowed to bring any legal motion without representation. \u00a0However, that does not mean it is a good idea. \u00a0Family law attorneys are expensive. \u00a0However, representing yourself in court is also expensive. \u00a0Even experienced family law attorneys retain a family law attorney to represent them in court.\u00a0 \u00a0Carefully consider a qualified, experienced family law attorney for modification matters.<\/p>\n
Every three years, either parent may ask the Child Support Enforcement office to review a child support order. \u00a0The modification request may result in either an increase or a decrease in the amount of a child support award.\u00a0 Parents must request modifications in writing.\u00a0 Parents keep a copy for themselves. \u00a0The request must include the basis for the request, be signed and dated, and include the child support case number, and any other identifying information.<\/p>\n
Further, parents may file motions to modify an existing child support order at any time with the court. \u00a0The request is made before the circuit court judge that originally issued the child support order.\u00a0\u00a0A party seeking modification of child support must bring a written motion before the court seeking modification. \u00a0Either the parent paying child support or the parent receiving child support may seek court modification of the order while the child is under the age of 18.\u00a0 However, courts only grant modifications of child support under certain circumstances.<\/p>\n
A significant change in income, either up or down, can justify a change in child support. \u00a0If the paying parent has a large increase in income, the court can order an increase in child support. \u00a0Also, if the paying parent experiences a significant reduction in income or loses a job, this may provide a basis for a reduction in child support.<\/p>\n
Further, if the receiving parent has a significant increase or decrease in income, this can justify a change in child support payment.<\/p>\n
A parent cannot avoid a child support obligation by not making enough money intentionally. \u00a0This is called \u201cVoluntary Impoverishment.\u201d<\/p>\n
If a court finds a case of voluntary impoverishment, it may impute income to the party. \u00a0This means the court will act as if the parent has the appropriate level of income when calculating child support. \u00a0The court considers the physical condition, the education, the timing of employment changes, efforts of the party makes seeking appropriate employment, past work history,\u00a0and other factors.<\/p>\n
A jail or prison sentence is not considered voluntary unemployment.<\/p>\n
Maryland modified the law for child support during a jail or prison sentence effective October 1, 2012. \u00a0This change applies only to individuals sentenced after that date. \u00a0Further, these changes only apply in cases where the payor is not on work release, cannot afford child support payments, and the incarceration is not voluntary and for the purpose of avoiding child support.<\/p>\n
The parent will not owe child support for the time he or she is in jail. \u00a0However, the child support order still exists and payment must resume within 60 days of release. \u00a0If child support payments are made through the Office of Child Support Enforcement, that office will inform the receiving parent of the change. \u00a0The receiving parent may file an objection.<\/p>\n
If the needs of the children change, such as an illness or disability for the child, this can result in an increase in the amount of child support. \u00a0Similarly, as the child ages, clothes, food and other items may also become more expensive. \u00a0More expenses justify requesting an increase in child support payment amount.<\/p>\n
A verbal agreement to change the amount of child support between the parties is risky and often leads to future problems. \u00a0Oral agreements may be inaccurate or vague. \u00a0Oral agreements may also be difficult to enforce in the future. \u00a0A court may find that the evidence does not support the claim that the parties agreed to a change in child support.<\/p>\n
Modification of a child support order is subject to Maryland Family Law, section 12-104.<\/p>\n
Changing custody in the state of Maryland requires a showing that the change is in the best interests of the child. \u00a0Courts favor stability unless a party can show something in the child\u2019s environment harms the well being of the child. \u00a0The party seeking a change must show that their home will be better than the home of the custodial parent. \u00a0The parent must also show there has been a substantial change in circumstances. \u00a0If a court determines the two homes are equal, custody will not change.<\/p>\n
A parent may seek\u00a0a change of custody when there are allegations of abuse. \u00a0These allegations of abuse may involve either\u00a0the child or someone else in the home. \u00a0The party must show the court by clear and convincing evidence that the allegations are credible.<\/p>\n
A conviction for a crime also provides a basis for a change of custody. \u00a0Convictions are easier to prove than allegations, but the party seeking a change must prove that the conviction or facts of the crime impact the well-being of the child.<\/p>\n
Finally, a temporary custody order is not a final order. \u00a0No change of circumstances must be shown to have temporary custody changed in the permanent order.<\/p>\n
If you are seeking to modify support or custody, contact our office for a consultation.\u00a0 There are rules governing the process for reqesting modification of child support and child custody.\u00a0 At Fait & DiLima, we focus exclusively on family law issues.\u00a0 From divorce to child support to child custody, we have the experience and support staff you need.\u00a0 We will answer your questions, and proceed in a manner best for you and your family.<\/p>\n","protected":false},"excerpt":{"rendered":"
After a court has entered a Judgment of Divorce in the state of Maryland, it is possible to\u00a0modify child support or child custody.\u00a0\u00a0An individual in the state of Maryland is allowed to bring any legal motion without representation. \u00a0However, that does not mean it is a good idea. \u00a0Family law attorneys are expensive. \u00a0However, representing […]<\/p>\n","protected":false},"author":16,"featured_media":4286,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[18],"tags":[32,33],"class_list":["post-1843","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-blog","tag-child-custody","tag-child-support"],"acf":[],"yoast_head":"\n