Towson Child Support Lawyers.
Developments In Baltimore County Child Support
The Maryland Child Support Guidelines changed effective 10/01/2020, including a new child support formula in effect; new formula, joint physical Custody redefined. Additional changes have been implemented effective June 1, 2022, including circumstances where the Court may not impose a child support order, including when a parent is incapacitated or enrolled in drug or alcohol rehab and cannot be expected to generate income for the foreseeable future. In addition, the change in the law allows for the suspension of child support where the child lives with the parent from whom child support is being sought, and that parent contributes to the expenses of the child or children.
Baltimore Child Support Lawyer With A Record Of Getting The Details Right
The Law Offices aggressively represent Child Support clients. Child Support refers to cash payments from the non-custodial parent to the custodial parent. Child support can be above or below the guidelines amount, provided the right reasons are presented to the Court so the family law judge or magistrate can decide based on all of the evidence. Physical Custody changes the child support guidelines by lowering the amount of support paid: parents with more than 128 overnights will typically pay less child support than parents without 128 overnights, all other things being equal. At the Law Offices of Amar S. Weisman, we use Family Law Support Software to produce guidelines, worksheets, and tables to demonstrate child support arrearages in a form the Court can easily understand.
Baltimore County Child Support Modification
In cases where there has been a change in parental income, the child's needs, or physical Custody, the Court will probably recalculate child support under the Maryland Child Support Guidelines. Whether you are proposing or opposing the modification, The Law Offices of Amar S. Weisman is ready to file customized court papers and precise financial statements and obtain financial data through discovery to establish the time to recalibrate child support.
When child support is managed privately and not through the Maryland Child Support Administration,, the parent responsible for making child support payments must proactively petition the circuit court for a modification of the child support obligation when it is no longer legally enforceable. In Maryland, the obligation to pay child support generally ends when the child reaches the age of 18 and has completed high school. However, the obligation persists for a child who has turned 18 but has not yet completed high school.It's essential for the paying parent to take timely action by petitioning the Court to adjust the child support obligation. If child support payments continue beyond the period during which they are legally required without a formal petition for modification, the paying parent is only eligible for a modification effective from the date the petition was filed. Retroactive modification relating to the period before the filing of the petition is not permitted. Therefore, it's imperative for the paying parent to initiate a court petition to modify the child support obligation as soon as it becomes legally unnecessary to maintain the existing support levels.
Contempt Of Court For Failure to Pay Child Support Under a Lawful Baltimore County Order.
In The Circuit Court For Baltimore County, Child Support Contempt matters are typically heard by a Magistrate before the case escalates "upstairs" to a Judge on the Family Docket. As of August 21, 2017, many contempt hearings came before Magistrate James Farmer, one of Maryland's most experienced child support jurists. Typically contempt hearings come before Magistrate Farmer on the Ground Floor, Hearing Room B, conveniently located next to the Child Support Enforcement Administration and the Baltimore County Sheriff's Office, which is sometimes dispatched when the contempt of Court for non-payment is deemed egregious.
Child Support Enforcement Administration Hearings In The Towson County Courts Building.
The Law Offices of Amar S. Weisman defend individuals in Child Support Enforcement Administration ("CSEA")proceedings. In Baltimore County, CSEA is located at 170 W Ridgely Rd Suite 200, Lutherville-Timonium, MD 21093.
Hearings to establish child support are generally held on the Ground floor level of the County Courts Building. Usually, the agency will summons both parties to appear for initial screening in front of an attorney from the Office of the State's Attorney. Having an attorney at an initial is helpful for effective negotiation and alerting the state's attorney to any jurisdictional disputes, including the residency of the parent claiming child support in 4D cases. The Law Offices of Amar S. Weisman has a strong track record of obtaining favorable results for clients based on Negotiation Skills, knowledge of civil procedure in the family sphere, and a deep understanding of the child support guidelines.
What Goes Into the Child Support Formula?
- Gross Parental Income includes salaries; wages; commissions; bonuses; dividend income; pension income; interest income; trust income; annuity income; Social Security benefits; workers' compensation benefits; unemployment insurance benefits; disability insurance benefits. Often, there is a dispute about whether overtime counts. If that is an issue, obtaining different kinds of evidence of parental income may be helpful, including W-2 Statements, Pay Stubs, Bank Statements, Employment Contracts, and Bonus Compensation Schedules. There are many nuances to correctly calculating parental income involving a small businessman or businesswoman.
- Physical Custody. Shared Physical Custody exists when both parents have more than 35% of the overnights (128 overnights); If you do not have more than 128 overnights per year, then you do not have shared Physical Custody.
- Health Insurance. Difference between the single plan (that covers you) and the plan that also covers the minor child.
- Extraordinary Medical Expenses. Includes uninsured, reasonable, and necessary costs for orthodontia, dental treatment, asthma treatment, physical therapy, treatment for any chronic health problem, and professional counseling or psychiatric therapy for diagnosed mental disorders.
- Summer Camp. The cost of summer camp is often treated like work-related daycare. How summer camp factors into child support will usually depend on the summer visitation schedule, the number of summer camps, and whether payments are made directly to the summer camp by one or both parents. Due to the increasing cost of summer camps, the proper computation of summer camp costs requires extra attention.
- Private School. It usually depends on where the child went to school before separation.
Evidence In Child Support Cases.
In accordance with the Maryland Child Support Statute, "Actual Income" encompasses a broad range of financial sources. These include: (i) salaries; (ii) wages; (iii) commissions; (iv) bonuses; (v) dividend income; (vi) pension income; (vii) interest income; (viii) trust income; (ix) annuity income; (x) Social Security benefits; (xi) workers' compensation benefits; (xii) unemployment insurance benefits; (xiii) disability insurance benefits; (xiv) for the obligor, any third-party payments made to or for a minor child stemming from the obligor's disability, retirement, or another compensable claim; (xv) alimony or maintenance received; and (xvi) other unlisted forms of income or compensation, such as rental income, royalties, and gifts. Precise reporting of all such income is critical for an equitable calculation of child support obligations. Failure to fully disclose these forms of income may result in legal repercussions and potential reassessment of child support duties. Evidence of income can include:
- Wage and Earning Statements/Pay Stubs from full-time and part-time employers.
- Federal and State Income Tax Returns
- Business Tax Returns, Profit and Loss Statements, and General Ledger for any matter involving an LLC or closely held corporation.
- Bank account records and credit card statements to verify income and expenses.
- Electronically Stored Information including Quickbooks and TurboTax.
Mortgage Payments and Child Support
Home mortgage payments made by one parent while pending divorce proceedings are not eligible for credit as child support. The only qualified set-offs are those articulated by 12-204 Family Law Article, Maryland Code.
Maryland Law On Above-Guidelines Child Support
The child support guidelines codified in Family Law 12-204(e) set up a formula for parties whose combined income is between $15,000.00 and $180,000. The Court has the discretion to award above-guidelines child support in matters where the combined income exceeds $180,000.00; in the above guidelines cases, the Court is required to balance the best interests of the child/children with the parent's ability to pay child support and meet their financial needs.
Small Baltimore County Business Owners And Child Support
Determining what constitutes income is often contested when one parent is a small business owner with deductions that could be income or not. The Law Offices of Amar S. Weisman helps spouses of small business owners ensure that small business owners cannot hide income as the cost of goods that are never sold, payment of rents on buildings that do not exist, or travel and automobile expenses having the most marginal connection to the actual functioning of the business. We also help small business owners prevent legitimate expenses from being twisted and turned into frivolous personal items when that is not the reality.
- Baltimore Sun Article About The Ultimately Successful Drive to Change The Child Support Formula In Maryland
Articles By Amar S. Weisman
Blog Postings By Amar S. Weisman
- Towson Lawyer Discusses Defining "Income" for child support.
- Towson Lawyer Discusses Children's Health Care Expenses.
- Towson Lawyer Discusses Child Support Enforcement Administration.
- Towson Lawyer Discusses Paternity.
- Towson Lawyer Discusses College Expenditures.
- Towson Lawyer Discusses Collecting Child Support in Baltimore County.
- Towson Lawyer Discusses Modifications To Increase Child Support.
- Towson Lawyer Discusses Retroactive Child Support Obligations.
Call 410-321-4994 To Meet With Towson Divorce, Child Custody & Family Law Lawyer Amar S. Weisman.
Please Call (410) 321-4994 during business hours to schedule a free consultation to decide whether you want to retain Amar S. Weisman. The firm does not accept pro bono clients at this time. To have legal services and advice, you must pay a retainer, See Policy on Fees/Costs. The law firm is located in the heart of Towson near The Circuit Court For Baltimore County, Towson Town Center, Goucher College, and Towson University, at 1018 Dulaney Valley Road (MD-146), Second Floor Towson, MD 21204. We represent clients throughout the Baltimore area, including Aberdeen, Abingdon, Baldwin, Bel Air, Bowleys Quarters, Brooklandville, Carney, Catonsville, Cockeysville, Edgewood, Essex, Garrison, Glen Arm, Greenspring Valley, Homeland, Hunt Valley, Hydes, the Joppa Road Corridor, Kingsville, Long Green, Lutherville, Middle River, Nottingham, Owings Mills, Parkville, Pikesville, Perry Hall, Reisterstown, Riderwood, Rodgers Forge, Rosedale, Ruxton, Sparks, Sparrows Point, Stoneleigh, Timonium, Towson, West Towson, White Hall, White Marsh, and the York Road corridor. We have also represented several out-of-state clients. The law firm does not guarantee the results in any matter.