Child Support Modification
When the Court enter the child support order amount according to the Maryland Child Support Guidelines, afterwards either party can request from the Court and seek a modification of the child support order. It means that your request the amount of your child support to be modified. It is not a good idea to try this on your own. Many who has ended up with higher child support payments, then they were obligated to pay in accordance to the Maryland Child Support Guidelines. Many who were supposed to receive an increase in child support where they did not get that increase because the parent did not understand the process. A Judge and Magistrate cannot provide you with legal advice only your attorney can advise of that that. We can help with your child support modification. Contact a Maryland Child Support Attorney who can assist you through the process to make sure you get the Child Support modified. I have seen people who try to represent themselves and overpay child support or receive less in child support because they did not know. Not knowing is not an excuse in the court of law. These people only have 30 days to appeal the decision that was determined by the Judge. An appeal is costly and time consuming.
Either party can request child support to be increased or decreased according to the respective income of the parties as well as other obligations that are responsible such as health insurance, day care, etc. Child support also depends on the physical custody arrangement of the parties. Whether there is shared custody or where one parent has sole physical custody and the other parent has access. This is important and can make your life easier as a parent as far as how much child support you are supposed to pay.
A child support modification can be made by the consent of the parties or a Judge rendered a decision with regards to the evidence presented to the Judge. The Judge will review the evidence and determine what the child support should be in accordance to the Maryland Child Support Guidelines. That parent who filed for modification of child support, that parent has the burden of proof in regards as to why there is a material change of circumstances.
A material change of circumstance is related to the one or both parent(s) substantial change in income meaning one or both parent(s) has decreased or increased from the time when the last order was issued from the Judge in terms of child support. A Judge does not have the power to retroactively modify child support prior to the date of filing of the pleading. The Judge simply cannot do that and will not do that. It is important that if there is change of income that parent must file a modification immediately to preserve your right to change the amount of child support. I see too many people just wait and do nothing. If you are the payor, that child support is still due if no pleading has been filed to request a modification. You must file to preserve your spot to modify child support or you have to continue to pay for it. On the other hand, it goes for an increase as well who is the care taker of the child.
For instance, suppose father pays $600 per month in child support to the mother. The father receives a raise on June 1. The father is earning more money when child support was previously determined in the last order. The mother finds out that the father earns more money, but does nothing meaning no Motion to Modify is filed. The mother then files a motion to modify in the next year. The Court renders a decision that father was supposed to pay $800 per month in accordance to the Maryland Child Support Guidelines. Although father was making more money the following year, the Judge can only order the increase in child support at the time of filing because it is the date when the mother filed. If you are seeking a modification of child support, please contact our firm to help you with that matter so can reap the benefit from the increase at the time of filing. You should not delay in contacting our firm. Call the Soubra Law Firm at 301-219-5038.