Support in Maryland

How Maryland Calculates Child Support

Maryland uses an income shares model codified in Md. Code, Family Law Section 12-201 et seq. The model is designed to ensure that children receive the same proportion of parental income they would have received if the family had remained intact.

The calculation begins with each parent’s actual income, which includes salaries, wages, commissions, bonuses, overtime, pensions, Social Security benefits, workers’ compensation, unemployment insurance, disability benefits, alimony or maintenance received, and other income sources. Courts may impute income to a parent who is voluntarily unemployed or underemployed without just cause, based on factors such as prior work history, qualifications, and prevailing job opportunities.

Both parents’ actual incomes are combined, and the guidelines schedule under Section 12-204 identifies the basic child support obligation based on the combined monthly income and the number of children. Each parent’s share is proportional to their percentage of the combined income. Work-related child care costs and extraordinary medical expenses are added and apportioned in the same proportion. The cost of health insurance for the child is also factored in.

For a general overview of income shares models, see our guide on how child support is calculated. You can also estimate your potential obligation with our child support calculator.

Shared Physical Custody Adjustments

Maryland’s guidelines include specific provisions for shared physical custody situations. When each parent exercises custody for 35% or more of the overnights in a year (at least 128 overnights), the shared custody formula under Section 12-204(d) applies. This formula:

• Multiplies the basic obligation by 1.5 to account for the increased total cost of maintaining two households
• Calculates each parent’s proportionate share based on their income
• Adjusts each parent’s share based on the percentage of overnights they have
• Offsets the obligations so that the parent with the higher obligation pays the difference

This adjustment can significantly reduce the net transfer payment compared to a sole custody calculation.

Modifying or Terminating Child Support

Either parent may file for modification by showing a material change of circumstances. Maryland law also permits modification when application of the current guidelines would result in an amount that differs from the existing order by a significant margin.

Child support in Maryland generally continues until the child turns 18, or until age 19 if the child is still enrolled in secondary school. Support also terminates upon the child’s marriage, emancipation, or entry into military service.

Enforcement of Child Support Orders

Maryland’s Child Support Enforcement Administration has a wide range of enforcement tools:

• Income withholding from wages
• Interception of state and federal tax refunds
• Suspension of driver’s licenses and professional licenses
• Liens on real and personal property
• Reporting to credit bureaus
• Contempt of court proceedings, which can result in incarceration

Arrearages accrue interest and cannot be retroactively forgiven. Modifications apply only from the date the motion is filed.

Alimony in Maryland

Maryland recognizes several forms of alimony under Md. Code, Family Law Section 11-106:

• Temporary alimony (alimony pendente lite). Awarded during the divorce proceedings to maintain the status quo. Calculated separately from the final alimony determination.
• Rehabilitative alimony. The most commonly awarded form. Designed to support a spouse for a defined period while they obtain the education, training, or experience necessary to become self-supporting. Courts favor this type when rehabilitation is feasible.
• Indefinite alimony. Awarded only when the court finds that (1) the spouse seeking alimony cannot reasonably be expected to make substantial progress toward becoming self-supporting due to age, illness, infirmity, or disability, or (2) even after the recipient makes maximum reasonable progress toward self-support, the respective standards of living of the parties will be unconscionably disparate. This is the most difficult type to obtain.

Maryland courts have expressed a clear preference for rehabilitative alimony over indefinite awards, consistent with the policy of encouraging financial independence.

Factors in Alimony Determinations

Under Section 11-106(b), the court must consider the following factors:

• The ability of the party seeking alimony to be wholly or partly self-supporting
• The time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment
• The standard of living established during the marriage
• The duration of the marriage
• The contributions, monetary and nonmonetary, of each party to the well-being of the family
• The circumstances that contributed to the estrangement of the parties
• The age of each party
• The physical and mental condition of each party
• The ability of the party from whom alimony is sought to meet that party’s needs while paying alimony
• Any agreement between the parties
• The financial needs and resources of each party, including income and assets

Maryland also considers the circumstances that contributed to the estrangement — meaning that fault, while not determinative, is a relevant factor in alimony decisions.

Modification and Termination of Alimony

Alimony in Maryland may be modified upon a showing of a material change of circumstances, unless the parties’ agreement or the court’s order provides otherwise. Alimony terminates upon the death of either party, the remarriage of the recipient, or as otherwise specified in the court’s order.

Indefinite alimony may be revisited if the recipient’s financial circumstances improve to the point that the unconscionable disparity standard is no longer met.

When to Seek Legal Guidance

Maryland’s distinction between rehabilitative and indefinite alimony creates important strategic considerations. If you are navigating a support issue in Maryland — whether it involves child support calculations or an alimony claim — consider scheduling a free consultation with an experienced family law professional.

Statutes referenced: Md. Code, Family Law Sections 12-201 et seq. (child support), Section 11-106 (alimony).