Child support is always subject to modification as long as the child is under eighteen (18) or is a destitute adult child, who has no means of subsistence and cannot be self-supporting due to mental or physical infirmity.
Keep in mind that child support may be modified retroactive to the date of filing of the motion that requests modification, but it may not be modified retroactive to a date prior to the filing of a motion.
The threshold to any modification is to establish a material change in circumstances since the date of the last order. Material change can include, but is not limited to, changes in: income, needs of the child, the cost of health insurance, work-related daycare, alimony, custody, etc. The material change may occur with the payee, payor, child, or any combination thereof.
In a modification, as with the initial order, the Court must use the Maryland Child Support Guidelines. Under the guidelines, there is a rebuttable presumption that the amount determined pursuant to the guidelines is the correct amount of child support to be awarded.
A need for more money to cover the child’s expenses may be proven through bank account information and receipts for certain expenses. An illness or job loss from the child support payor could include medical records and proof of financial loss from bank and employment records.
Overall, the scenarios are numerous, and life circumstances are almost guaranteed to change as time goes on. Keep in mind that existing child support orders may remain unchanged if there is insufficient evidence of a material change.
For child support issues, you need a good legal team to help you through all the considerations. For those in Maryland, considerLinda Sorg Ostovitz, at Offit Kurman, P.A, as the leader of your experienced legal team for family law, divorce litigation, mediation and arbitration. Contact Linda Sorg Ostovitz to schedule a consultation at lostovitz@offitkurman.com or (301) 575-0381.
ABOUT LINDA SORG OSTOVITZ
Linda Sorg Ostovitz is a family law attorney. Her legal experience spans more than 34 years. In this time, she has served as a leader, educator and advocate. Mrs. Ostovitz holds a prestigious fellowship in the American Academy of Matrimonial Lawyers. Currently, she serves as President for the Business Women’s Network of Howard County, by which she was chosen Woman of Distinction for 2014. Mrs. Ostovitz represents clients in Howard, Anne Arundel, Carroll and Baltimore Counties. Her practice focuses exclusively on divorce litigation and mediation, child custody and access, child support, alimony, business valuation, as well as property and asset distribution. In addition to providing legal representation in court, Mrs. Ostovitz provides mediation services to help families come to a fair and legally-sound conclusion outside of the traditional court proceedings.
ABOUT OFFIT KURMAN
Offit Kurman is one of the fastest-growing, full-service law firms in the Mid-Atlantic region. With over 120 attorneys offering a comprehensive range of services in virtually every legal category, the firm is well positioned to meet the needs of dynamic businesses and the people who own and operate them. Our eight offices serve individual and corporate clients in the Maryland, Delaware, New Jersey, and Northern Virginia markets, as well as the Washington DC, Baltimore, Philadelphia, and New York City metropolitan areas. At Offit Kurman, we are our clients’ most trusted legal advisors, professionals who help maximize and protect business value and personal wealth. In every interaction, we consistently maintain our clients’ confidence by remaining focused on furthering their objectives and achieving their goals in an efficient manner. Trust, knowledge, confidence—in a partner, that’s perfect.
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