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Child support

unemployment/underemployment

A court may order a parent to pay more child support than the parent's income would ordinarily require (under the child support guidelines in the statute) if the parent could earn more money, but has purposely chosen not to. If the actual income of the parent is significantly less than what the parent could earn because of intentional unemployment or underemployment, the court may apply the child support guidelines to the earning potential of the parent.

In Maryland, courts have the authority to order a parent to pay child support that exceeds the amount calculated under the state's child support guidelines if the parent is voluntarily unemployed or underemployed. This means that if a parent is intentionally not working, or is earning less than they could with reasonable effort, the court can base child support obligations on the parent's potential income rather than their actual income. The court will consider factors such as the parent's work history, education, health, and efforts to find employment at a level commensurate with their abilities. The intention behind this is to prevent a parent from avoiding their child support obligations by choosing not to earn to their full potential.

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Child support

unemployment/underemployment

Individual & Family Legal Plan

Articles

Maryland State Code

Maryland State Code

Child support

unemployment/underemployment

Articles