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

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US-00800BG
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Description

This form is used 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

What's the average amount of child support that is paid? As of this writing, the average child support in the state of Maryland is 66.6 percent for the parent who does not have custody of their children. They would pay $666 in child support per month on average.

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.

Negotiate Or Litigate Many Maryland couples are able to negotiate, usually through their divorce attorneys, an appropriate agreement on child support (and custody) as part of a broader marital settlement agreement.

Child support won't change automatically when a parent's lifestyle changes. Nevertheless, either parent can request to modify child support if there's been a material change in circumstances. A material change can be a job change, the addition of a new child and even a remarriage.

The new version of Md. Code, Fam. Law § 12-204, which took effect on July 1, 2022, now provides a schedule of basic child support obligations for parents with a combined adjusted actual income up to $30,000 per month, or $360,000 per year.

No. Under Maryland law, the right to receive child support is a right that belongs to a child. The custodial parent cannot waive child support owed to the child.

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.

Either parent can file a motion to modify an existing child support order at any time. You should file the motion in the circuit court that issued the child support order. To file your request, review the instructions worksheet, then complete the Motion to Modify Child Support and the necessary Financial Statement.

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