In the state of Maryland, child support is an obligatory payment until the child reaches the age of emancipation. Children are legally entitled to these payments from their parents. Child support in Maryland does not terminate by itself.
Under Maryland law, the age of emancipation is usually 18. However, in some cases juvenile maintenance payments may be extended. If the minor has graduated from high school by the time he or she has reached 18 then parents can go ahead and terminate juvenile maintenance payments by filing a motion. If the minor has reached the age of 18 but has still not graduated from high school then the guardians are obliged to continue payments until the minor reaches the age of 19 or graduates, whichever even occurs first. Parents can also file for a motion to terminate juvenile maintenance payments in Maryland if the child quits school in between his or her eighteenth to the nineteenth birthday.
Some guardian may be confused about the legislation which was attempted to pass in 2011. This initiative failed and is not necessary to terminating juvenile maintenance. It stated that if the child attended college, parents were responsible for paying juvenile maintenance until the child reaches the age of 21 or until the minor graduates. A similar effort, called the House Bills 1272 attempted to get parents to contribute to paying for education costs as well as paying sustenance during the college year. These two bills did not pass and as of 2012, Maryland courts can only order juvenile maintenance to be paid until the age of emancipation.
In the case that the parents are divorced and both are required to pay juvenile maintenance, then if one guardian dies then his or her obligation for paying juvenile maintenance is terminated. The other spouse if required to continue paying juvenile maintenance until the court modifies the juvenile maintenance order.
In some cases in Maryland, child support payments will have to exceed the minor’s 19th birthday or high school graduation. If the minor is severally physically or mentally sick and cannot support him or herself then parents are required to keep helping the minor. It may be indefinite, for as long as the minor needs the parent’s sustenance. Conversely, juvenile maintenance payments can be terminated before the minor reaches the age of 19 or before graduating from high school. If the minor decides to join the military before graduating high school then the parents are not legally entitled to support him or her any further. Similarly, a parent can file for a motion to terminate juvenile maintenance if the minor has decided to leave the custodial parents household with that parent’s consent to get married or live alone.
In Maryland closing, the case will not necessarily terminate the child support order or any arears that have accrued under that order. If a guardian owes arears, then the motion could be filed to terminate current support, determine arears and set arear payments. If there are additional children whom have not yet reached the age of 18 and are covered in the same child support order then a new motion should be filed. This motion is to recalculate the support based on one or less children.
If you need a Maryland Child Support lawyer to help you with your Child Support case in Maryland, call us at 888-437-7747. Our Maryland Child Support attorneys can help you.