New Maryland Child Support Law for Calculating Child Support Payments

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The state of Maryland is enacting a new piece of family law legislation, changing the way child support payments are calculated. The new law goes into effect on October 1st, 2020, and the Law Offices of Brandon Bernstein is here to explain the changes to current and prospective clients.

Maryland divorce attorney Brandon Bernstein
This recognizes the contributions of parents who have their children for a quarter of the time, which, is still a substantial figure. For instance, parents who have their child for two weekend nights, every week of the year, for 104 overnights, now qualify as having shared custody.

Child support laws in Maryland are set to change this fall, with a rollout scheduled for October 1st. The Law Offices of Brandon Bernstein, Maryland family law attorneys, advises clients on the new legislation and its impact on cases moving forward.

The new Maryland child support law is focused on how the state calculates child support payments, and specifically, the number of, or percentage of, overnight stays which qualifies for shared physical custody versus sole physical custody.

"The current law stipulates that a child must spend a minimum of 128 overnights with each parent, 35 percent of the year, in order to qualify for shared custody in child support calculations," says family law attorney Brandon Bernstein, a seven-time Super Lawyers Rising Star. "The new law offers a substantial reduction to that figure, dropping the qualifying bar to 25 percent of the time, or 92 overnight stays."

As the number of overnight stays is the key trigger between Maryland child support calculations for shared or sole custody, this represents a major change to existing legislation. "This recognizes the contributions of parents who have their children for a quarter of the time, which, is still a substantial figure," Bernstein says. "For instance, parents who have their child for two weekend nights, every week of the year, for 104 overnights, now qualify as having shared custody, and will have reduced payments for child support."

Further, the new legislation will set an incremental calculation difference when there is shared physical custody falling between 25 and 30 percent of the time, with different calculations at each percentage increase in that range.

While the change does not automatically alter prior cases or legal agreements, it can be applied towards filings to modify child support from that date forward. It's important to note that other factors are also used to determine child support calculations in Maryland, including, primarily, the income of each parent, in addition to certain qualifying expenses.

The Law Offices of Brandon Bernstein handles all aspects of family law cases in the state of Maryland. The office is currently meeting with clients virtually for their safety and convenience. More information is available at BrandonBernsteinLaw.com or by calling 240.395.1418.

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About the Law Offices of Brandon Bernstein, LLC

The Law Offices of Brandon Bernstein, LLC is located in downtown Bethesda, and serves clients throughout the state as a divorce attorney in Maryland, covering a broad range of family law matters, and aggressively protecting the best interests of his clients at all times. He has been named a Maryland Rising Star by Super Lawyers for seven consecutive years. The core pillars of his practice are Integrity, Experience, and Results. For a free attorney consultation, prospective clients can visit his website at BrandonBernsteinLaw.com, or call the office directly at 240.395.1418.

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