Legal Question in Family Law in Maryland

Child Support

If the child support agreement says I pay this much all together for both kids, can I modify to say split it halfway for each. So when one turns 18, it will drop half the child support payment? I've been paying for a year and a half.


Asked on 11/14/07, 10:09 pm

2 Answers from Attorneys

Thomas Brown Law Office of Thomas K. Brown, LLC

Re: Child Support

Not sure if you're in DC or MD (I'm licensed in MD only), but assuming it's MD, child support for parents with a combined income of $10,000 per month or less is calculated based on tables that are presumed to set the correct amount of support. One key variable in applying the tables is the number of children to be supported. Support is only mandatory until the child turns 18 (or up to 19 or when the child graduates high school, which ever comes first). If you meet this condition, you can seek a modification of the support order to reduce the amount of support you are paying.

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Answered on 11/15/07, 7:50 am
Robert Sher Wagshal and Sher

Re: Child Support

If your obligation is based upon an agreement that has not become part of a court order or a divorce judgment, you and the custodial parent can modify the agreement to adjust the amount when the older child is no longer entitled to support. That would be attainment of age 18 unless still in high school, in which case it would be either high school graduation or age 19, whichever comes first.

If you are paying under a court order, including an incorporation of your agreement into a court order or judgment of divorce, you must go to court to get approval of a modification even if your ex agrees to it.

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Answered on 11/15/07, 10:06 am


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