Legal Question in Family Law in Maryland

I haven't been back to court for child support in 9 years and the mother is the custodial parent. I am currently active duty military and since the last time we visited the issue I have gone from an E-3 to an E-6.Since the last time we went, we have both gotten married to other people and had another child. How much of an increase can I expect in child support and will they factor in just my base pay or will they also add in my BAH?

Asked on 4/05/16, 1:45 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

To answer your last question first, your BAH can be taken into consideration in determining your child support obligation. To justify an increased award, the law requires the parent seeking the increase (or decrease, not applicable to you), to demonstrate a significant change in circumstances since the original or prior award. Typically this means changes that would yield a 25% increase in the award. MD uses a table which factors in the pre-tax income of the parents and # of common children to determine a base amount. Then the formula adds on for child care expenses and unreimbursed medical expenses (out of pocket). If a parent pays for health insurance for the child(ren), that is also put into the formula. You will need to know the mother's current income and the amount of any "add-ons" in order to figure out what your current obligation under the MD guidelines should be. An experienced family law attorney can "run the guidelines" for you, or if you want to try to diy, google "maryland child support calculator 2015" and check out the various sites that guide you through this process.

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Answered on 4/06/16, 5:58 am

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