Cumberland, MD asked in Family Law for Maryland

Q: What money has to be included when filing for child support?

Must I include money I receive for my son from his father? When filing for an increase from my daughters father? What monies needed to be accounted for on my child support paperwork? I get money from my sons father "under the table"

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1 Lawyer Answer
Evan M. Koslow
Evan M. Koslow
Answered
  • Annapolis, MD
  • Licensed in Maryland

A: If you are receiving child support for another child, that is not considered income, under the table or not.

The Maryland Child Support Guidelines defines "actual income" to include, without limitation, (i) salaries; (ii) wages; (iii) commissions; (iv) bonuses; (v) dividend income; (vi) pension income; (vii) interest income; (viii) trust income; (ix) annuity income; (x) Social Security benefits; (xi) workers' compensation benefits; (xii) unemployment insurance benefits; (xiii) disability insurance benefits; (xiv) for the obligor, any third party payment paid to or for a minor child as a result of the obligor's disability, retirement, or other compensable claim; (xv) alimony or maintenance received; and (xvi) expense reimbursements or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business to the extent the reimbursements or payments reduce the parent's personal living expenses. FL § 12-201(a)(3).

Depending on the circumstances of the case, the court may consider (i) severance pay; (ii) capital gains; (iii) gifts; or (iv) prizes, as actual income. FL §12-201 (a)(4). However, actual income does not include benefits received from means-tested public assistance programs, including temporary cash assistance, Supplemental Security Income, food stamps, and transitional emergency, medical, and housing assistance. FL §12-201(a)(5).

The child support guidelines list is not exhaustive of all the items that may be included in a party's actual income, but it is a good guide or checklist to consider in both alimony and child support cases.

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