What's New About Child Support

By Carol G. Cooper, Esq.

Carol G. Cooper, Esq. is a family law attorney in Baltimore with the law firm of Gordon Feinblatt LLC. She explains important changes regarding child support in Maryland.

There are two important changes in Maryland regarding child support. The changes go into effect on July 1, 2022. These changes actually were passed in the 2020 legislative session of the Maryland General Assembly; and were supposed to take effect on Oct. 1, 2021, but the effective date was delayed due to the COVID-19 pandemic.

The two changes are (1) the Maryland Child Support Guidelines’ combined monthly income threshold is being increased from $15,000 to $30,000; and (2) “voluntary impoverishment” has been defined statutorily and the “factors” in determining a voluntarily impoverished parent’s potential income are also codified.

Increase in combined income ceiling for the Maryland Child Support Guidelines

Generally, the amount one pays in child support is determined by the incomes of the parents and the ratio of each parent’s income to the combined income. Since the creation of the child support guidelines many years ago, there has been a rebuttable presumption that the proper amount of child support is determined by application of the Maryland child support guidelines. Thus, the Court is mandated to use the child support guidelines in cases where the couple’s combined monthly income falls within the guidelines. A Court can exercise its discretion in determining the amount of child support when the combined income of the parties exceeds the child support guidelines.

Prior to July 1, 2022, the Maryland child support guidelines applied to couples whose combined monthly income was less than $15,000. As of July 1, 2022, the maximum combined income for which the application of the Maryland child support guidelines is mandated will increase to $30,000 per month. Therefore, the amount of child support will now only be subject to the Court’s discretion when the couple’s gross income exceeds $360,000 annually.

If a parent wants the Court to deviate from the child support amount dictated by application of the guidelines, he or she must show good cause for the deviation.

As an additional change to the child support statute, for couples who are at the low end of the income levels, the law will allow a self-support reserve, permitting a portion of a parent’s income to be set aside for that parent to support him or herself.

Statutory definition of voluntary impoverishment

Child support amounts are calculated based upon the relative incomes of the parties. When one parent is not working to his or her full capacity, the other parent often claims that the first parent is “voluntarily impoverished,” meaning that that parent is purposely earning less than he or she could in order to avoid paying a greater amount of child support.

Starting on July 1, 2022, “voluntary impoverishment” will be defined by statute. Currently and in the past, attorneys relied on case law to prove a parent was voluntarily impoverished. According to the new law, “voluntarily impoverished” means that “a parent has made the free and conscious choice not compelled by factors beyond the parent’s control, to render the parent without adequate resources.”

Pursuant to the new law, the court shall make a finding as to whether, based on the totality of the circumstances, the parent is voluntarily impoverished. If the court finds that the parent is voluntarily impoverished, the court then considers the potential income of the parent to determine of child support.

In determining the voluntarily impoverished parent’s potential income, the court considers the following factors:

The parent’s:
- Age
- Physical and behavioral condition
- Educational attainment
- Special training or skills
- Literacy
- Residence
- Occupational qualifications and job skills
- Employment and earnings history
- Record of efforts to obtain and retain employment
- Criminal record and other employment barriers
Employment opportunities in the community where the parent lives, including:
- Status of the job market
- Prevailing earnings levels
- Availability of employers willing to hire the parent
The parent’s assets
The parent’s actual income from all sources
Any other factor bearing on the parent’s ability to obtain funds for child support

Once the law goes into effect, we will learn how the new law is being applied by judges and what additional factors are considered in determining potential income.

Carol G. Cooper, Esq. is a family law attorney in Baltimore with the law firm of Gordon Feinblatt LLC. She can be reached by calling 410-576-4122 or emailing ccooper@gfrlaw.com .