Frequently Asked Questions – Downward Deviation Of Child Support

In Maryland, the amount of Child Support to be paid by a parent is calculated using the Maryland Child Support Guidelines. In short, the Guidelines take into account a wide range of financial and custody information to determine the proper amount. The Court will typically order a child support amount which is consistent with the Maryland Child Support Guidelines.

In some cases, it is possible to pay a lesser amount if a party is able to justify what is called a “Downward Deviation.” While this process can be complex, there are a few basics that you should know before beginning. Here are some frequently asked questions that the Greenberg Legal Group often receives about Downward Deviations of Child Support and the impact it has on parents in Maryland:

1. What Is A Downward Deviation?

The Child Support amount will initially be calculated by using the Maryland Child Support Guidelines. The Guidelines were put in place by the legislature to calculate what is believed to be the most appropriate number for the financial support of a child. Typically, a Court will take the amount calculated by the Guidelines and order that as the Child Support amount. However, some parties will seek to pay a smaller amount in Child Support, otherwise known as a Downward Deviation. A Downward Deviation is when the Child Support amount paid by a parent is lower than what has been calculated by the Guidelines. A Downward Deviation may present itself by agreement of the parents or by other extenuating circumstances that may be present in an individual case, as explained below.

Attorney Robert Greenberg is a dedicated family law attorney serving Maryland. For nearly 10 years, he’s helped clients just like you combat spousal manipulation tactics, get the time with their children they deserve, and successfully navigate even difficult divorces.

Have questions, or in need of excellent representation? Reach out to Greenberg Legal Group LLC at (410) 650-4242 for an initial consultation today.

2. Is A Downward Deviation Allowed Under Maryland Law?

In Maryland, it is possible to have a Downward Deviation from the Guidelines as long as two conditions are met and accepted by the Court. These conditions are that: 1) the initial number produced by the Guidelines is “unjust and inappropriate,” and 2) that the Downward Deviation is in the best interests of the minor child. These two conditions will apply differently to each case, depending on the parents’ financial situations and the child, or children, at issue in the case. The Court will never accept a Downward Deviation that it not shown to be in the best interests of the minor child, as that is the standard that will govern all custody and child support issues. If the Court does find that a Downward Deviation is justified, the Court must have a written finding stating the reasons for the deviation and how it serves the best interest of the minor child.

When determining whether the amount produced by the Guidelines is “unjust and inappropriate,” the Court will look at a multitude of factors. Since every parent’s financial situation is different, each case will be looked at individually. Some of the factors the Court will consider include, but are not limited to, health insurance and extraordinary medical expenses, child care expenses, shared custody or extraordinary visitation, split custody, the needs of children of other relations and the needs of older children.

3. Do Parents Have A Constitutional Right To Agree To No Child Support?

No, parents do not have a Constitutional right to waive, contract away, or otherwise agree to there being no child support to be paid. This was recently reaffirmed by the Appellate Court of Maryland in Houser v. Houser, 262 Md.App. 473, 319 A.3d 1186 (2024). The Court in that case did recognize that parents do have a “fundamental right to decide the care, custody, and control of their children,” but found that fundamental right did not extend to Child Support. The Court views Child Support as the child’s right to receive support that cannot be bargained away by the parents. While there are a multitude of reasons the Court does not allow parents to bargain away Child Support, but a prominent reason is that the Court wants the child, or children, to have the same or similar financial support as if the parents were still together. The Court’s paramount concern is what is in the best interests of the child and this includes ensuring that the child receives proper financial support from the child’s parents.

Robert Greenberg, Esq. and the law firm of Greenberg Legal Group LLC have extensive experience working with clients to navigate the Child Support process and the complexities surrounding it. Our firm is located in Annapolis, Maryland and practices in Courts throughout the State of Maryland. Please contact our office at (410) 650-4242 for further assistance.