Section 12-204 - Determination of child support obligation.
§ 12-204. Determination of child support obligation.
(a) Schedule to be used; division among parents; maintenance and alimony awards.-
(1) The basic child support obligation shall be determined in accordance with the schedule of basic child support obligations in subsection (e) of this section. The basic child support obligation shall be divided between the parents in proportion to their adjusted actual incomes.
(2) (i) If one or both parents have made a request for alimony or maintenance in the proceeding in which a child support award is sought, the court shall decide the issue and amount of alimony or maintenance before determining the child support obligation under these guidelines.
(ii) If the court awards alimony or maintenance, the amount of alimony or maintenance awarded shall be considered actual income for the recipient of the alimony or maintenance and shall be subtracted from the income of the payor of the alimony or maintenance under § 12-201(c)(2) of this subtitle before the court determines the amount of a child support award.
(b) Voluntarily impoverished parent.-
(1) Except as provided in paragraph (2) of this subsection, if a parent is voluntarily impoverished, child support may be calculated based on a determination of potential income.
(2) A determination of potential income may not be made for a parent who:
(i) is unable to work because of a physical or mental disability; or
(ii) is caring for a child under the age of 2 years for whom the parents are jointly and severally responsible.
(c) Income between amounts in schedule.- If a combined adjusted actual income amount falls between amounts shown in the schedule, the basic child support amount shall be extrapolated to the next higher amount.
(d) Income above schedule levels.- If the combined adjusted actual income exceeds the highest level specified in the schedule in subsection (e) of this section, the court may use its discretion in setting the amount of child support.
(e) Basic child support obligation.- Schedule of basic child support obligations:
Combined
Adjusted 6 or
Actual 1 2 3 4 5 More
Income Child Children Children Children Children Children
100-120
0 $20 - $150 Per Month, Based
On Resources And Living
Expenses Of Obligor And Number
Of Children Due Support
1250 162 163 165 167 169 170
1300 195 197 199 202 204 206
1350 229 231 234 236 239 241
1400 262 265 268 271 274 277
1450 295 299 302 305 308 312
1500 310 330 334 338 341 345
1550 319 362 366 370 374 378
1600 327 394 398 402 407 411
1650 336 425 430 435 439 444
1700 344 457 462 467 472 477
1750 353 488 494 499 505 510
1800 361 520 526 532 537 543
1850 370 537 558 564 570 576
1900 378 550 590 596 603 609
1950 387 562 622 629 635 642
2000 395 574 654 661 668 675
2050 403 586 686 693 701 708
2100 412 598 706 726 733 741
2150 420 610 720 758 766 774
2200 428 622 734 790 799 807
2250 437 634 748 823 831 840
2300 445 646 761 851 864 873
2350 453 657 775 866 897 906
2400 462 669 789 882 930 939
2450 470 681 803 897 962 972
2500 478 693 817 913 995 1005
2550 486 705 831 928 1021 1039
2600 495 717 845 944 1038 1072
2650 503 729 859 959 1055 1105
2700 511 741 873 975 1072 1138
2750 520 753 886 990 1089 1171
2800 528 764 900 1006 1106 1202
2850 536 776 914 1021 1123 1221
2900 544 788 928 1037 1140 1240
2950 553 800 942 1052 1157 1258
3000 561 812 956 1068 1175 1277
3050 570 825 971 1084 1193 1297
3100 578 837 985 1101 1211 1316
3150 587 849 1000 1117 1229 1335
3200 595 861 1014 1133 1246 1355
3250 603 874 1029 1149 1264 1374
(f) Adjusted basic child support obligation.- The adjusted basic child support obligation shall be determined by multiplying the basic child support obligation by one and one-half.
(g) Child care expenses.-
(1) Subject to paragraphs (2) and (3) of this subsection, actual child care expenses incurred on behalf of a child due to employment or job search of either parent shall be added to the basic obligation and shall be divided between the parents in proportion to their adjusted actual incomes.
(2) Child care expenses shall be:
(i) determined by actual family experience, unless the court determines that the actual family experience is not in the best interest of the child; or
(ii) if there is no actual family experience or if the court determines that actual family experience is not in the best interest of the child:
1. the level required to provide quality care from a licensed source; or
2. if the obligee chooses quality child care with an actual cost of an amount less than the level required to provide quality care from a licensed source, the actual cost of the child care expense.
(3) Additional child care expenses may be considered if a child has special needs.
(h) Extraordinary medical expenses.-
(1) Any actual cost of providing health insurance coverage for a child for whom the parents are jointly and severally responsible shall be added to the basic child support obligation and shall be divided by the parents in proportion to their adjusted actual incomes.
(2) Any extraordinary medical expenses incurred on behalf of a child shall be added to the basic child support obligation and shall be divided between the parents in proportion to their adjusted actual incomes.
(i) School and transportation expenses.- By agreement of the parties or by order of court, the following expenses incurred on behalf of a child may be divided between the parents in proportion to their adjusted actual incomes:
(1) any expenses for attending a special or private elementary or secondary school to meet the particular educational needs of the child; or
(2) any expenses for transportation of the child between the homes of the parents.
(j) Setoff for third party payments.-
(1) Except as provided in paragraph (2) of this subsection, when a disability dependency benefit, a retirement dependency benefit, or other third party dependency benefit is paid to or for a child of an obligor who is disabled, retired, or is receiving benefits from any source as a result of a compensable claim, the amount of the compensation shall be set off against the child support obligation calculated using the guidelines.
(2) (i) If the amount paid to or for a child exceeds the current child support obligation calculated using the guidelines, the excess payment shall be credited to any existing child support arrearage that accrued after the effective date the benefits were awarded.
(ii) The excess payment may not be credited to any future child support obligation.
(k) Use, possession or occupancy of family home.-
(1) Upon the expiration of a use and possession order or the expiration of the right to occupy the family home under a separation or property settlement agreement and upon motion of either party, the court shall review the child support award.
(2) If the allocation of financial responsibility for the family home was a factor in departing from the guidelines under subsection (a) of this section, the court may modify the child support, if appropriate in all the circumstances, upon the expiration of the use and possession order or the expiration of the right to occupy the family home under a separation or property settlement agreement.
(l) Cases other than shared physical custody cases.-
(1) Except in cases of shared physical custody, each parent's child support obligation shall be determined by adding each parent's respective share of the basic child support obligation, work-related child care expenses, health insurance expenses, extraordinary medical expenses, and additional expenses under subsection (i) of this section.
(2) The obligee shall be presumed to spend that parent's total child support obligation directly on the child or children.
(3) The obligor shall owe that parent's total child support obligation as child support to the obligee minus any ordered payments included in the calculations made directly by the obligor on behalf of the child or children for work-related child care expenses, health insurance expenses, extraordinary medical expenses, or additional expenses under subsection (i) of this section.
(m) Shared physical custody cases.-
(1) In cases of shared physical custody, the adjusted basic child support obligation shall first be divided between the parents in proportion to their respective adjusted actual incomes.
(2) Each parent's share of the adjusted basic child support obligation shall then be multiplied by the percentage of time the child or children spend with the other parent to determine the theoretical basic child support obligation owed to the other parent.
(3) Subject to the provisions of paragraphs (4) and (5) of this subsection, the parent owing the greater amount under paragraph (2) of this subsection shall owe the difference in the 2 amounts as child support.
(4) In addition to the amount of the child support owed under paragraph (3) of this subsection, if either parent incurs child care expenses under subsection (g) of this section, health insurance expenses under subsection (h)(1) of this section, extraordinary medical expenses under subsection (h)(2) of this section, or additional expenses under subsection (i) of this section, the expense shall be divided between the parents in proportion to their respective adjusted actual incomes. The parent not incurring the expense shall pay that parent's proportionate share to:
(i) the parent making direct payments to the provider of the service; or
(ii) the provider directly, if a court order requires direct payments to the provider.
(5) The amount owed under paragraph (3) of this subsection may not exceed the amount that would be owed under subsection (l) of this section.
[1989, ch. 2; 1990, ch. 58; 1992, ch. 22, § 1; 2004, ch. 25, § 6; chs. 116, 491; 2007, chs. 35, 36; 2010, chs. 262, 263.]