Maryland Court Reviews Child Support Modification Request

Unfortunately, the government won’t let you modify your child support payments without first petitioning the court. The petitioner needs to show that a substantial change in conditions has presented itself to warrant modifying the original order. Otherwise, the court won’t hear your case. Nonetheless, there are numerous reasons why you can and should try to modify your child support payments. In this article, the Bel Air, MD, child custody attorneys at Schlaich & Thompson, Chartered, will discuss the case of Walsh v. Walsh, 333 Md. 492, 635 A.2d 1340 (1994), which dealt with a child support modification request.

Background of the case 

In the case of Walsh v. Walsh, the parties were divorced in 1990. Their divorce decree incorporated (without merging) a settlement agreement that required the father to pay $40.50 per week per child and to pay one-half of the mortgage on the former marital home where the mother lived with her children. The home would be sold later. In 1992, the mother bought out the father’s interest, ending his obligation to pay the mortgage. The mother also moved to increase her child support payments upward.

The magistrate recommended increasing child support under the guidelines. The circuit court rejected that recommendation. The circuit court found no material change in circumstances had occurred to warrant changing the child support order. They also held that the 25% change provision did not apply because the original order was entered after the guidelines became mandatory. The Court of Special Appeals affirmed the decision, and the case moved to the Court of Appeals for review.

The question before the Court of Appeals was:

• What constitutes a “material change in circumstances” under Md. Fam. Law § 12-104 sufficient to modify a child support order?
• How should courts treat non-cash/in-kind obligations (like mortgage payments) and agreements that deviate from the guidelines when considering modification?

Holdings and rulings 

The court can only modify a child support order upon a showing of a material change in circumstances since the last support order. The threshold is whether the alleged change is relevant to the level of support the child actually receives or is entitled to, and whether it is material in magnitude.

Parents can’t bargain away appropriate child support. Trial judges must do more than “rubber-stamp” parental agreements. When a court approves an agreement that deviates downward from the guidelines, the record is required to reflect the court’s reasoning.

In Walsh, the case was remanded back to the trial court so it could determine whether the father’s cessation of mortgage payments constituted “a material change in circumstances.” The case was remanded back to the trial court for a determination on whether a material change in circumstances had occurred.

Talk to a Bel Air, MD, Child Custody Lawyer Today 

Schlaich & Thompson, Chartered, represent the interests of Maryland residents who want to petition the court for a modification of child support. Call our Bel Air family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

case-law.vlex.com/vid/walsh-v-walsh-no-888128945