Who has custody of a child if there is no court order?

This one is simple: whichever parent physically has the child with them at that moment. You possess a child because he or she is your child; the concept of custody is something that exists in the law. So, if you don’t live with the child’s other parent, and there is no court order, there is no “custody.” You both have it. Or, more appropriately, neither of you have it.

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Does joint custody mean no child support?

Even with a 50/50 joint custody arrangement, one parent may still be required to pay child support to the other parent, typically in cases where there is a significant income discrepancy between the two households. Maryland family law judges issue child support orders to ensure that the child or children enjoy the same standard of living with both parents, as this is usually seen as being in the best interests of the child.

However, many factors come into play when issuing child support in joint physical custody situations. If you have concerns about paying child support to the other parent, or if you want to petition the court for child support payments from your child’s other parent, it’s critical to have an experienced Columbia family law attorney to represent you in your pursuit.

Determining income for child support payments

Parents are expected to legally support their child, regardless of which one is the primary custodial parent or the amount of time spent with the child. Child support in joint physical possession arrangements may be ordered if one parent has a substantially higher income than the other parent, so the child enjoys the same standard of living with both parents.

Maryland courts determine each parent’s means to include all pre-tax income from employer-paid wages, self-employment earnings (including side gigs), investment income, commissions and tips, disability payments, and military pay (including reservist pay and pensions).

Self-employed parents deduct necessary business expenses from their gross revenue to determine their actual income. Any alimony and/or child support payments you pay can also be deducted from your gross income.

Courts frown heavily on parents who are willfully unemployed or underemployed for the purposes of securing higher alimony and child support payments. The judge may deny a child support petition if they believe you deliberately took a lower-paying position, or have been delaying getting a job to extend payments from the other parent.

Adjusting child support payments for additional expenses

In some cases, the court may reduce the amount of child support the receiving parent gets if the paying parent covers additional expenses like the child’s health insurance, school tuition, daycare, or other regular childcare expenses.

Additionally, a judge may adjust the amount of child support to account for transportation costs or other educational expenses, such as sports fees for competitive athletes, or fees for other extracurricular enrichment activities your child does, like dance or music lessons.

Calculating child support in Maryland with split custody

In Maryland, child support in a joint custody arrangement is determined using a shared custody formula, when both parents have the child for at least 92 overnights per year. This formula, part of the Maryland Child Support Guidelines, ensures support obligations are fairly divided between parents based on their income and time spent with the child.

Here is how Courts generally calculate child support in these cases:

Step 1: Determine each parent’s actual adjusted gross income, including wages, bonuses, disability payments, and other income sources. Business owners may deduct necessary expenses.
Step 2: Add both incomes together to get a combined adjusted gross income.
Step 3: Calculate each parent’s percentage share of the total combined income.
Step 4: Refer to the Maryland Child Support Guidelines to find the basic child support obligation for that income level and number of children.
Step 5: Multiply each parent’s percentage share by the basic obligation to find their proportional responsibility.

Let’s say the combined adjusted gross income is $10,000/month. If Parent A earns 60% of the combined income and Parent B earns 40%, and the basic obligation is $1,500/month, then:

Parent A’s share = $900
Parent B’s share = $600

If both parents have equal parenting time, the Court may still order support payments, usually from the higher-earning parent to the lower-earning one, to make sure the child maintains a consistent standard of living in both homes.

What to do if you need to modify child support in a joint custody case

Child support in joint custody cases can be complex, especially when parenting time is split evenly or one parent earns significantly more than the other. At Coover Law Firm, LLC, our team has extensive experience guiding parents through joint custody arrangements. If you are paying or receiving child support in a joint custody arrangement and believe the arrangement needs to change, don’t wait to seek legal advice.

Call Coover Law Firm, LLC today at (410) 553-5042 to schedule a consultation at our Columbia office and speak with a trusted family law attorney in Columbia, MD.

Disclaimer: The information in this blog post is provided for general educational & informational purposes only. It is not intended to convey legal advice or serve as a substitute for legal counsel on any subject matter.