According to state law, both parents are legally required to provide financial support for their children. Child support is calculated based on several factors, including each parent’s income and the number of children being supported. So, what happens if the family dynamic changes when one parent has another child with a new partner?
Every state has its own laws regarding child support and modifications for a change in circumstances like a remarriage, job loss or promotion, or a move. In Maryland, the birth of a child with a new partner will not generally have an impact an existing child support. The exception to this is if the new family separates, and child support is requested, the amount paid for other children is a factor in calculating child support. However, unless the court order is changed, they are still expected to continue financial support as instructed in the child support order.
Changes that May Lead to Reduced Child Support
While the birth of a child with your new partner should not cause a reduction in the child support you receive for older children, there are some situations that may warrant a child support modification. The following are three of the most common:
Child Custody Arrangement Changes
If for any reason, the non-custodial parent is awarded more custody over the child, child support payments may be reduced. This happen often with older children who have more say about which parent they want to live with.
Loss of Income
A non-custodial parent who loses their job through no fault of their own may seek a reduction in payments because they have less income to pay for their expenses, including child support. A reduction is unlikely if the parent leaves their job voluntarily.
Significant Increase in Custodial Parent’s Income
If the parent with primary custody sees a notable increase in income through a raise, inheritance, or through other means, the non-custodial parent might choose to seek a reduction in child support. Changes in income will be recalculated according to the Child Support Guidelines used throughout the state of Maryland.
Modification of an Existing Child Support Order in Maryland
In Maryland, both parents can file a motion to modify an existing child support order up until the child turns 18 or is emancipated. Yet, you do not have to wait any specified time to file a motion for modification. Motions for modification can be filed at any time by either parent. To seek modification, you should have sufficient evidence to show there has been a “material change in circumstances” since the latest order was signed.
Bel Air Child Support Lawyers at Huesman, Jones & Miles, LLC Assist Clients with Complex Child Support Matters
If a significant change in your financial situation is impacting your ability to make child support payments, a modification might make sense. A dedicated Bel Air child support lawyer at Huesman, Jones & Miles, LLC will evaluate your situation to determine if a modification is reasonable under Maryland law. While a new child does not generally impact child support, it is always a good idea to discuss your individual situation with an experience Bel Air child support lawyer. To schedule a free, no-obligation consultation, call 443-589-0150 or contact us online.
With offices in Hunt Valley, and Towson, we are proud to represent clients throughout the state of Maryland, including those in the areas of Baltimore, Baltimore County, Bel Air, Bentley Springs, Columbia, Freeland, Hereford, Hampton, Westminster, Essex, Monkton, Sparks Glencoe, Parkton, Phoenix, Pikesville, White Hall, Carroll County, Harford County, Howard County.