Child Support
Md. Code, Fam. Law § 12-202 — the guidelines amount is presumed correct, and a change needs a material change of circumstance
In any proceeding to establish or modify child support, temporary or permanent, the court uses the child support guidelines, and the amount they produce is presumed to be the correct amount. The presumption can be rebutted with evidence that applying the guidelines would be unjust or inappropriate in the particular case.
Who handles this in Maryland: legal aid programs and the state offices, listed in the Maryland directory.
- The court may consider financial terms in an existing agreement or order, such as mortgage, marital debt or college payments, use and possession of the family home, and direct payments for the children.
- It may consider anything it finds relevant to the child's best interests.
- It may consider whether the guidelines would leave the paying parent with a monthly actual income below 110% of the 2019 federal poverty level for an individual.
A court that departs from the guidelines makes a written finding, or a specific finding on the record, stating why, including the amount the guidelines would have required.
Changing an order. A court may modify child support after a motion is filed and a material change of circumstance is shown, but not for any time before the motion was filed. Incarceration can be a material change where it sufficiently reduces the parent's ability to pay.
The schedule itself is set out elsewhere in the same subtitle. How it applies to a particular household are questions for a licensed Maryland attorney.
Sources for this section (2)
- Md. Code, Fam. Law § 12-202 — Use of the child support guidelines
- Md. Code, Fam. Law § 12-104 — Modification of a child support award
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.