Legal Question in Family Law in Maryland

Child Support, remaired with other children

What guidelines or recommedation is used to calculate child support under the following conditions:

2 children from previous marriage, one living with father, one with mother (ex-wife).

2 children living with father from new marriage.

At issue is child support btwn ''father'' and ex-wife.


Asked on 5/21/02, 4:25 pm

2 Answers from Attorneys

Carolyn Press Chung & Press. P.C.

Re: Child Support, remaired with other children

The same considerations apply in both situations you have identified: child support is calculated based on the gross income, from all sources, of both parents. Subtractions from income of each parent are made for health insurance covering the children, child support obligations for other children, "ordinary and necessary expenses" related to earning an income (including such things as union dues, cost of equipment the person must pay for, overhead expenses for a self-employed person). The combined incomes determine how much money should be spent on support of the children. Each parent's percentage of the combined income determines how much each parent should spend. The income of a second spouse is not considered, because a person who is not the parent of the children has no legal obligation to support them. Work-related day care expenses and extraordinary medical expenses for the children are also pro-rated between the parents based on their relative incomes. In cases where a parent is not employed, but is capable of being employed and has chosen not to be, that parent's

"potential income" is used as a basis to calculate child support.

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Answered on 5/24/02, 3:42 pm
Robert Sher Wagshal and Sher

Re: Child Support, remaired with other children

The amount of a parent's child support obligation is determined from the Maryland Guidelines found in the statutes. Each parent's income from all sources is taken into consideration. There are reductions for court-ordered child support already being paid by one of the parents, and other things, such as child care expenses, health insurance and medical expenses. If you have this information, you could have an attorney calculate the Guideline amount for you.

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Answered on 5/22/02, 12:25 pm


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