Maryland utilizes a mathematical formula known as  Child Support Guidelines in the determination of a parents’ child support obligation.

As of July 1, 2022, the amount of child support has increased for parents with a combined annual income of more than $19,200. Additionally, co-parents with a combined monthly income ranging from $15,000 and $30,000 are now subject to Maryland’s basic child support schedule and obligations.  Prior to July 1, 2022, the use of the Maryland child support guidelines was not mandatory, but merely discretionary for families having a combined monthly income that exceeded $15,000 per month, that amount has now increased to $30,000 per month.

Co-parents with a combined income of up to $360,000 per year, can now expect the child support guidelines to apply to any case filed after July 1, 2022. For co-parents with a combined adjusted annual income of more than $360,000, the court will still have the authority to deviate from the guidelines, if the deviation is found to be in the best interest of the children on a case by case basis.  There are various methods used in determining the appropriate amount of child support to be paid.

Maryland’s child support guidelines will now take into consideration parents at lower income levels and allow judges the authority to calculate the amount of money required for them to support themselves before being asked to pay for child support.

There are situations in which the Court may deviate from a calculated child support amount.

Voluntary Impoverishment

A change to the Maryland  child support statute in 2022 was defining “voluntary impoverishment” for parents.  Defined as “the free and conscious choice, not compelled by factors beyond the parent’s control, to render the parent without adequate resources,” voluntary impoverishment can be determined by the court if a parent willingly chooses to decline opportunities that would allow them to pay for child support.

In deciding if a parent is voluntarily impoverishing him/her self,  Maryland courts will determine the parent’s income for purposes of “imputation”, the following factors will be considered:

• age
• assets
• physical status of the parent
• emotional status of the parent
• level of education
• special training or skills
• literacy
• residence
• occupational qualifications and job skills
• current total income
• employment and earnings history
• record of efforts to obtain and retain employment
• criminal record and other employment barriers
• employment opportunities in the area where the parent lives
• any other factor that may exist

When evaluating the level of employment opportunities in the area where the parent lives, the courts will consider where the parent lives, what job opportunities are present for that parent and what the job opportunities offer as salary/compensation.

While the effectiveness of Maryland’s courts to determine voluntary impoverishment remains to be seen, this new addition to the state’s child support statute is potentially very good news for those who have been struggling to receive proper child support from their co-parents due to a voluntary decision not to be employed.

In certain situations, a judge may decline to order child support.