Motion To Terminate Child Support in Montgomery County, MD — What Are Your Options?
Filing a Motion To Terminate Child Support in Montgomery County, Maryland, requires proving a substantial change in circumstances under Md. Code, Family Law Art. § 12-104. Law Offices Of SRIS, P.C. provides focused legal help for this specific legal action.
Last verified: April 2026 | District Court of MD for Montgomery County | Maryland General Assembly
Understanding the Legal Grounds for a Motion To Terminate Child Support
In Maryland, child support is not permanent. A court order for support can be modified or terminated when certain legal conditions are met. The primary statute governing this is Md. Code, Family Law Art. § 12-104, which allows for modification of a child support order upon a showing of a material change in circumstances. Termination is the most significant form of modification. A successful Motion To Terminate Child Support typically requires demonstrating that the underlying reason for the order no longer exists. Common grounds include the child reaching the age of majority (18, or 19 if still in high school), emancipation, marriage of the child, or the death of either the child or the paying parent. A significant change in the child’s needs or the financial circumstances of either parent may also warrant a support modification, though not always a full termination.
- Gather documentation proving the change (e.g., child’s birth certificate, proof of emancipation, financial records).
- Draft the formal Motion To Terminate Child Support and supporting financial statement.
- File the motion and pay the required filing fee at the Montgomery County Circuit Court clerk’s office.
- Ensure the other parent is properly served with the motion and notice of hearing.
- Attend the court hearing prepared to present evidence and argument.
- Obtain the judge’s written order granting or denying the termination.
Official Legal Resources
For the full text of Maryland’s child support laws, visit the Maryland General Assembly statutes page (Family Law Article). For local court forms and procedures, refer to the District Court of MD for Montgomery County website.
Potential Outcomes and Legal Standards
In Montgomery County, a Motion To Terminate Child Support hinges on proving a material change in circumstances as defined by Maryland law, with the child’s best interests remaining the paramount concern.
| Grounds for Motion | Legal Standard | Typical Outcome if Proven | Key Consideration |
|---|---|---|---|
| Child Reaches Age of Majority | Automatic under MD law (Age 18/19) | Termination granted | Must file motion; does not stop automatically. |
| Emancipation of Child | Child is self-supporting & living independently | Termination likely | Requires clear evidence of independent status. |
| Change in Custody | Payor becomes primary physical custodian | Termination or significant reduction | New custody order must be established. |
| Death of Child or Payor | Automatic termination event | Obligation ends | Formal motion may still be needed to close case. |
| Substantial Income Change | Material change in either parent’s finances | Modification more likely than termination | Focuses on recalculation, not necessarily ending support. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Child Support Matter
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With over 120 years of combined attorney experience and a documented history of favorable outcomes in family law matters, our firm brings a deep understanding of Maryland’s family court system. We know that a Motion To Terminate Child Support is a precise legal action that demands careful preparation and persuasive argument. Our approach is direct and focused on achieving a clear legal resolution for our clients in Montgomery County.
Our Record in Montgomery County Family Court
Our firm has a documented record of handling family law cases in Montgomery County. While every case is unique, our systematic approach to motions and court procedure is designed to present your case for terminating support effectively. We work to build a compelling argument based on the specific facts and Maryland law. For instance, associate attorney Kristen Fisher, a former Maryland Assistant State’s Attorney, brings valuable insight into local court expectations and procedures.
Results may vary. Prior results do not aim for a similar outcome.
Child Support Help in Montgomery County, MD
Our Maryland location serves clients throughout Montgomery County. We are your local child support lawyer near Rockville Town Square and the Montgomery County Government Center. Our office is accessible via I-270, I-495, and Route 355 (Rockville Pike).
We serve clients in Rockville, Bethesda, Silver Spring, Gaithersburg, Germantown, Wheaton, Kensington, Potomac, Olney, Damascus, Clarksburg, Takoma Park, and Chevy Chase.
24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
199 E. Montgomery Ave, Suite 100, Room 211
Rockville, MD 20850
Toll-Free: (888) 437-7747 | Local: (888)-437-7747 | Local: (301) 363-4040
By appointment only.
Frequently Asked Questions: Motion To Terminate Child Support
Does child support automatically stop when my child turns 18 in Maryland?
No. While Maryland law generally sets the age of majority at 18 (or 19 if still in high school), the support order does not automatically terminate. You must file a Motion To Terminate Child Support with the court to officially end the obligation and stop wage garnishment.
Can I stop paying child support if my child moves in with me?
It depends. A change in physical custody is a material change in circumstances. You should file a motion immediately. The court may terminate your obligation or order the other parent to pay you support. Do not unilaterally stop payments, as you could face contempt charges for arrears.
How long does it take to process a Motion To Terminate Child Support in Montgomery County?
The timeline varies. After filing, it depends on court scheduling for a hearing. An uncontested motion based on the child turning 18 may be processed in 2-3 months. A contested hearing, where the other parent objects, will take longer, potentially 4-6 months or more.
What if I owe back child support (arrears)? Can I still file a motion to terminate future payments?
Yes. Terminating future support and collecting past-due arrears are separate issues. A successful motion ends future obligations, but any unpaid arrears remain a legally enforceable debt that you still owe. A support enforcement lawyer can be involved in collection actions for arrears.
Do I need a child support attorney to file this motion?
While not legally required, it is highly advisable. The procedural requirements are strict, and the opposing parent may contest the motion. An attorney ensures proper filing, service, and presentation of evidence, significantly increasing the likelihood of a successful outcome.
For more information on related family law issues, see our pages on Maryland family law, Prince George’s County family law, and criminal defense in Montgomery County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.