The Maryland Petition/Motion to Modify Child Support is a legal document used to petition the court to change the amount of child support that is being paid. This document is filed by a parent who is either paying or receiving child support, and is seeking to modify the amount of the support. The two types of Maryland Petition/Motion to Modify Child Support are: 1. Petition/Motion to Modify Child Support for Current Support: This type of motion is used when there has been a change in the paying parent’s income since the initial court order was issued. This type of petition/motion can be used to increase or decrease the amount of current child support being paid. 2. Petition/Motion to Modify Child Support for Retroactive Support: This type of motion is used when the paying parent failed to pay the amount of child support that was due before the motion was filed. This type of petition/motion can be used to request an amount of back child support that is owed due to the nonpayment of the original court-ordered amount.
Maryland Petition/Motion to Modify Child Support
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Maryland Code, Family Law, § 12-104(b). Changes in circumstance are usually financial in nature. For a change of circumstance to be considered ?material?, it must be relevant to the amount of support a child is receiving or entitled to receive, and must be of sufficient magnitude to justify a modification.
Once every three years, either parent has the right to ask the office of Child Support Enforcement to review the child support order for possible modification.
There are three ways you can do this: (1) obtain the service of an attorney to handle your case; (2) go to the child support enforcement office in your county; or (3) file the case yourself by using the CC-DR forms.
If you already have a court order for custody or visitation, you can request the court to change custody or visitation. To do this you may: (1) obtain the services of an attorney to handle your case; or (2) file the case yourself by using the Domestic Relations forms.
A material change of circumstances is an alteration in the facts and conditions associated with a custodial scheme or arrangement so significant that the existing plan no longer satisfies the best interests of the child.
Common ?substantial changes in circumstances? may include: a loss or gain of employment, a sudden change in either party's finances, a relocation of the parties or children, a death, a change in the child's wishes, etc.
Qualifying material changes to child custody arrangements may include: Interfering with court-ordered visitation. Moving out of state.