What Happens To A Maryland Child Support Order When A Parent Becomes Disabled Or Seriously Ill?

A serious illness or disability can have a huge impact on a parent’s capacity to earn a living. If one of these parents pays or receives child support payments, the resulting loss of income raises a key question: Can an established Maryland child support arrangement be modified?

This depends entirely on specific situations. Disability alone does not automatically require a change in a child support obligation, but a change in financial standing does.

Disability may be a material change in circumstances 

According to Maryland law, the court can change a child support order if a motion for modification has been filed. The parent must prove there has been a “material change in circumstances” before the court will consider revising the child support amount. Illness or disability qualifies if it has significantly affected the parent’s ability to earn a living.

The court will not automatically reduce support because of an illness or disability.

Disability benefits may count as income 

A parent who loses their job may still have income from disability benefits. This income can be used to calculate child support payments.

“Actual income” in Maryland includes several sources of income, including Social Security, workers’ compensation, unemployment, and disability insurance benefits. Yet some means-tested public assistance, like SSI, is not included as actual income.

Therefore, when considering whether a modification of an order is warranted, a court can consider both income lost and income received after a parent becomes disabled.

Maryland statutes also provide for certain third-party payments made to or for a minor child due to the disability, retirement, or other claim of the child support obligor.

You can’t simply stop paying child support 

One thing that parents must consider is that their inability to earn does not automatically invalidate an existing order. Until the order is changed, it will remain in effect. Furthermore, under Maryland law, a modification cannot be effective for any period before you file a motion to modify.

This means timing is very important. For example, when a parent becomes disabled and stops paying child support, he or she can accumulate huge amounts of arrearages.

Therefore, it is better for the parent to request a modification.

Evidence can be critical 

An individual applying for modification must show how their medical issue has affected their finances. Supporting documents can include medical records, employment records, tax documents, wage statements, disability decisions, benefit statements, and information about when the individual stopped working or earning income.

The Maryland Department of Human Services cites income changes as a form of changed circumstance that may warrant consideration of a child support order.

Talk to a Bel Air, MD, Family Lawyer Today 

Schlaich & Thompson, Chartered, represents the interests of parents who need to modify a child support order. Call our Bel Air family lawyers today to schedule an appointment, and we can begin preparing your petition right away.