If you pay child support and your circumstances change, you may need to ask the court to modify the order. While child support orders are not set in stone, Maryland courts will not modify child support unless you can show a material change in circumstances. It is important to note that child support does not change without a court order, even if both parents agree to the change. In other words, if you request a payment reduction and do not keep up with the existing order, arrears will accrue until the court issues a modification order. Further, a modification is a math- and evidence-based process as computed under the Maryland Child Support Guidelines. Bearing these points in mind, it is essential to file immediately if your circumstances change, to continue paying the previous amount until the court orders a modification, and to gather evidence to support the change in circumstances.

What Is a Material Change?

Maryland courts typically require a material change in circumstances before modifying a child support order. This change must be significant and continuous, not just temporary or minor. Material changes generally fall into two broad groups: those affecting the parents and those affecting the children. Here are some examples of material changes:

Significant Income Change

A change in income is one of the most common reasons that Maryland courts modify child support orders. Significant changes to your income can stem from a job loss, a pay reduction, or lost hours. But note that if you experience an increase in income, your ex-spouse may request an increase in your child support payment to reflect this change. Child support modifications are a two-way street.

The court will consider whether the income reduction is significant and involuntary when evaluating your child support modification request. The court looks for “voluntary impoverishment” or an intentional income reduction to lower child support payment. For this reason, if you are self-employed, you must be well prepared with detailed financial records to prove a claim of reduced income.

When the Child’s Needs or Expenses Change

Children change and grow over time; so do their expenses. The courts allow–and even expect–support modifications to ensure the child’s continued well-being beyond the original support order. Some examples of material changes in this area include:

• New or increasing medical expenses
• A loss of employer-provided healthcare insurance
• An increase in healthcare insurance premiums
• Mental health or behavioral support
• Childcare costs (this is one expense likely to decrease as the child ages)

The court requires proof that these expenses are necessary for the child's well-being, not just discretionary expenses that do not significantly impact the child's quality of life. The parent requesting a modification based on the child’s needs or expenses changing must provide documentation, such as medical records, invoices, school reports, and expert recommendations. The court will carefully evaluate the reasonableness and necessity of any expenses before approving the modification.

Custody or Parenting Time Changes

Maryland courts consider how much time the child spends with each parent when calculating child support. If the court approves a change in the parenting plan, the child support payments may need to be modified. Maryland courts focus on the best interests of the child when reviewing modifications to reflect custody changes.

Requesting a Child Support Modification

If you have experienced a material change to your circumstances and you need a modification to the child support order, here are the five steps you need to take:

1. Gather evidence that supports the material change
2. File your petition for modification with the court
3. Serve the other parent
4. Attend any hearings
5. Receive the court’s decision

Remember, do not rely on verbal agreements with your ex-spouse to modify child support. Without a formal modification, you are still responsible for the original child support amount–even if both parents agree to the change. Only a court-approved modification makes the change legally binding and enforceable.

Work with an Experienced Family Law Attorney in Maryland

Life transitions are challenging. The legal process is complex. For help modifying child support, work with an experienced family law attorney. Attorney Lindsay Parvis and her team will help you navigate the process of requesting a child support modification from the court. We understand the requirements and will work to protect the best interests of both you and your child. Contact us today to discuss your goals and investigate your legal options.