When Does Child Support End in Maryland? A Comprehensive Guide
Child support is a financial obligation that is typically ordered by the court to ensure that children are financially supported by both parents after a divorce or separation. In Maryland, as in many other states, the parent who does not have primary custody is often required to pay child support to the custodial parent. However, as a parent or guardian, you might be wondering when this financial obligation will end. Understanding when child support ends in Maryland is important for both parents to know their rights and responsibilities.
In this article, we’ll explore the circumstances under which child support ends in Maryland, the factors that may impact its duration, and the process involved in modifying or terminating child support payments.
When Does Child Support End in Maryland?
In Maryland, child support typically ends when the child reaches the age of 18 or graduates from high school, whichever comes later. However, there are exceptions, and child support can continue beyond this age under specific circumstances.
1. When the Child Reaches the Age of 18
In Maryland, the general rule is that child support obligations end when the child turns 18. However, this is not always the case, especially if the child is still in high school. Maryland law recognizes that children may not be financially independent at this age, especially if they are still pursuing their education.(when does child support end in maryland)
2. Graduation from High School
If the child is still in high school when they turn 18, the child support obligation will continue until the child graduates or turns 19, whichever occurs first. This means that even if the child is 18 years old but has not yet graduated, the non-custodial parent is still required to pay child support until graduation or the child turns 19, whichever comes first.
In summary:
- Child support ends at 18, unless the child is still in high school.
- If the child is 18 and still in high school, child support continues until the child graduates or turns 19, whichever happens first.
3. When the Child Turns 19
If the child does not graduate high school by the time they turn 19, child support payments typically cease on their 19th birthday. However, there are exceptions to this rule, particularly if the child has special needs or other unique circumstances that justify continued support.
Can Child Support Continue Beyond 18 or Graduation?
While the default rule in Maryland is that child support ends when the child turns 18 or graduates from high school, there are exceptions that could extend or modify child support obligations. Here are some of the scenarios in which child support could continue beyond the typical cutoff:
1. If the Child Has Special Needs
In cases where a child has special needs or a disability, child support may continue beyond the age of 18, even if the child is not in high school. If the child requires financial support due to physical or mental disabilities that prevent them from becoming independent, a court may order that child support continue indefinitely or until the child is able to support themselves.
2. If the Child is Attending College
Maryland does not automatically require parents to pay child support for children who attend college, and it is not mandated by law. However, if the parents have a prior agreement or if a court order is issued that extends child support to cover a child's college expenses, support may continue past the child's 18th birthday. This arrangement is often stipulated in a divorce agreement or during the original child support order.
It’s important to note that in Maryland, a judge does not automatically order child support for college expenses, but the parties involved can agree to continue support for college tuition or living expenses.
3. Modification of Child Support Orders
Child support orders can be modified in Maryland if there is a significant change in circumstances, such as a change in the child’s needs or the financial situation of the parents. For instance, if a child who is beyond the age of 18 or has already graduated high school requires ongoing support for reasons like medical expenses or continuing education, a court may adjust the support order accordingly.
How to Terminate or Modify Child Support in Maryland
If you believe that child support should end or be modified in Maryland, you can petition the court for a change to the existing support order. Here are the steps involved in modifying or terminating child support payments:
1. Petition for Termination or Modification
To terminate or modify child support, you must file a petition with the court that issued the original child support order. In this petition, you will need to provide evidence that supports the termination or modification of the support obligation. For instance, if the child has turned 18 and graduated high school, you would provide proof of the child’s age and graduation.
2. Request for Hearing
After filing your petition, the court will schedule a hearing. During the hearing, both parents will have the opportunity to present their arguments. If you are seeking to terminate child support because the child is no longer eligible, you will need to show that the child has reached the age of majority or has graduated from high school. If you are seeking to modify the support amount (e.g., in the case of special needs or college expenses), you will need to provide evidence of the child’s ongoing needs.
3. Court Decision
After reviewing the evidence presented by both parties, the judge will make a ruling on whether to modify or terminate the child support obligation. If the court determines that the child is no longer entitled to support, the payments will stop. If the court finds that support should continue or be modified (e.g., for a child with special needs), the judge will issue a new support order.
What Happens If Child Support Is Not Paid?
If the non-custodial parent fails to pay child support, there are several legal consequences in Maryland. The custodial parent can seek enforcement through the Maryland Child Support Enforcement Administration (CSEA). This can include:
- Wage garnishment: A portion of the non-custodial parent’s wages can be withheld.
- Tax refund interception: The state can intercept federal and state tax refunds to cover unpaid child support.
- License suspension: In cases of non-payment, the court may suspend the non-custodial parent’s driver’s license, professional licenses, or hunting/fishing licenses.
- Contempt of court: In extreme cases, the non-custodial parent may face contempt charges for failing to comply with the child support order.Also visit virginia product liability attorney
Conclusion
In Maryland, child support generally ends when the child turns 18 or graduates from high school, whichever comes later. However, there are exceptions to this rule, such as if the child has special needs or is attending college. If you wish to modify or terminate a child support order, you must petition the court for a change, providing evidence of the child's eligibility or the change in circumstances.
It’s essential to stay informed about your rights and responsibilities as a parent and to work with an experienced family law attorney if you need assistance navigating the process of terminating or modifying child support.