Determining child support in a Maryland same-sex divorce
Child Support letters with gavel and cash Generally speaking, the parent who has primary residential custody is the one who receives child support from the other parent. The amount of support a parent pays will be based on a number of factors, including but not limited to:
The courts can deviate from the guidelines in cases where it serves the best interests of the children to do so. The Maryland Department of Human Services provides free information, including a support calculator, to help you estimate what types of payments you may be ordered to make, or to receive.
Challenges facing LGBTQ parents
No matter who you marry, when you divorce, you will face certain financial challenges, and child support may be one of them. Same-sex parents, however, face an odd set of circumstances in regard to biological children that does not apply to “traditional” families; namely, if both parents are not listed on the birth certificate, then one parent may not be required to pay child support. This is a different scenario than the one that faces opposite-sex parents who were unmarried, because a simple paternity test can prove that a father is the father. In same-sex marriages, however, it is far more likely that only one parent is biologically related to the children – and Maryland will not allow two men to be listed on the birth certificate. The Supreme Court decision in Pavan v. Smith in June 2017 could change all of that, but as of this writing, Maryland’s laws still hold.
Our attorneys understand the unique situations that so many same-sex parents find themselves in, and are able to help you navigate these waters. We provide thoughtful, comprehensive guidance for clients facing myriad problems when it comes to child support, and can help clients modify existing orders if there is a material change in circumstances, as well as assist in having existing orders enforced.
