Can You Modify a Child Support Order in Maryland?

If a parent in Maryland who pays child support experiences a significant (a.k.a. material) change in their financial circumstances and is unable to continue meeting their child support obligations, the expenses for a child(ren), or the number of overnights that parent has with a child, they can ask a court to modify the child support order. Similarly, the parent who receives child support can also seek to change the support order. To learn more about modifying child support orders, in the below guide, we will review the conditions typically needed to make these modifications and the legal options you have in these circumstances. 

How Do You Modify Child Support in Maryland?

In Maryland, child support orders cannot be changed because a parent just wants to change them. Rather, there must be evidence indicating that there is good reason to make these changes.  Maryland courts refer to these changes as material changes.

These changes generally result when a parent owing child support no longer meets or meets the below criteria.

• The individual resides with the child and is paying child support OR 
• The individual is unemployed and cannot make child support payments AND
  • Is incarcerated or expected to be incarcerated for the time they have a legal duty to support the child
  • Is in a psychiatric care facility and is to remain institutionalized for the time they have a legal duty to provide support to the child
  • Is permanently and totally disabled, unable to keep employment, and has no income other than Social Security Disability Insurance Benefits or Supplemental Security Income, or
  • Cannot obtain or keep employment in the foreseeable future because of compliance with hospitalization, criminal detainment, or a rehabilitation treatment plan.

A parent may also be eligible to modify the child support arrangement if the income significantly changes. For instance, if the parent’s income decreases, they may be able to get their child support payments lowered. In addition, if the child becomes disabled, a parent can petition the court to increase or prolong the child support amount. Finally, if a parent gets a higher-paying job, the child support may also be modified to reflect the increased financial resources. 

Can a Verbal Statement Be Enough To Change Child Support Orders?

Best practice says “no.” It is important to remember that oral agreements can often be vague and lead to misunderstandings between parties. Memories and interpretations of the situation may differ, so if you want to modify a child support agreement, it is important to put it in writing to avoid confusion in the future. Making modifications to child support based on an oral agreement or agreeing to a payment amount that differs from the court order can lead to potential problems down the line.

For these reasons, the best course of action is to file a motion for modification with the court so that the child support order reflects the agreement reached between both parents. To learn more about these agreements and how to modify them, consider reviewing your options with an experienced Maryland family law attorney. These legal professionals can help you put an agreement into writing while also making sure the agreement is fair to you and your family.

Contact Rice Law Today To Learn More Modifying Child Support Orders in Maryland

Recognized as a top Family Law Attorney in Maryland, the legal team at Rice Law has 50 years of combined experience fighting for clients facing some of the most challenging situations in their lives.

If you want more information about modifying a child support order in Maryland or want to start the process, consider contacting an experienced family law attorney at Rice Law today and learn how our legal team can help you.