Legal Question in Family Law in Maryland

Re: Child Support Alterations

Child support is always modifiable if you can show a material change in circumstances and an increase in income can qualify for a modification.

However, how old is your property settlement agreement? Are the children now out of daycare? Are you sharing the physical custody with the children more now than when you entered into the agreement? Are you making more too? You should speak to an attorney to run the child support guidelines to see if it is worth pursuing. Usually it is but sometimes it can actually lower the amount if the fundamental facts (such as daycare, etc) have changed.

Please call me at 703-968-3974 if you need me to run the guidelines for you.

Re: Child Support Alterations

The amount that a parent is required to pay in child support is always subject to court modification. Modification is warranted when there has been a material change in circumstances since the previously-established amount took effect. Usually this means a change in the income of one or both of the parties. Thus, your ex-husband's increase in income provides you with the basis for seeking an increase in support.

I suggest you recalculate the support you would be entitled to under the Maryland Child Support Guidelines, using current income figures for you and your ex. Assuming one of you pays for health insurance on the child(ren), the monthly premium expense is deducted from that parent's monthly before-tax income to arrive at the appropriate income figure. Day/child care expense also needs to be taken into consideration. A family law attorney can plug these figures into the formula and tell you what support you would now be entitled to receive. If that amounts exceeds what he's now paying by at least 25%, you should file a petition for modification.