Maryland Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

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Multi-State
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US-00799BG
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A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. To justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
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FAQ

INSTRUCTIONS FOR COMPLETING FORM CC-DR-006 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 Domestic Relations forms.

The minimum child support payment for Maryland is currently set at $2,847 for a combined monthly income of $15,000. The most a person could pay for child support in the state is $180,000 annually, or $15,000 per month.

The Maryland Code of Family Law Section 10?203 establishes the penalties for failure to support a minor child, making it clear that all parents have a legal obligation to provide financial support for their children.

Figure out each parent's actual income. Figure out each parent's adjusted actual income or imputed income. Add up both parents' adjusted actual incomes or their imputed incomes. The combined amount is plugged into the Guidelines chart to determine the "basic child support obligation."

Parents may, and often do, reach agreement relating to the issue of child support. However, because the law requires that a child's best interests must always be paramount, the court must approve a child support settlement, even when the terms are agreed upon by the parties.

Both parents have a legal duty to support their child based on their ability to provide that support. Since 1990, Maryland has had child support guidelines, which provide a formula for calculating child support based on a proportion of each parent's gross income.

For example, basic child support for one child would increase from $1,040 to $1,271 (at the $10,000 aggregate monthly income level), with a maximum for one child of $1,942.

A parent cannot avoid child support obligations by not making enough money on purpose. This is called voluntary impoverishment. In such a situation, the parent with a support obligation is making a free and conscious choice to be without adequate resources (not enough money) to meet their obligation.

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Maryland Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support