When it comes to setting up a child custody schedule in Maryland as part of a divorce, small differences have the potential to have massive impacts. A difference of just a few overnights can greatly alter what will owe in child support. Potentially, one or two extra overnights may mean owing hundreds, or even thousands, less in child support every month if those extra nights give you shared custody. In other words, it pays to exercise great care when it comes to a custody schedule in a marital settlement agreement. And it pays to have an experienced Maryland child support lawyer on your side who knows this and other nuances of the law keenly well, to get you the best outcome possible.
So, how can just a slight alteration of a custody schedule make such a big difference in child support? As a recent case illustrated, the key lies in Maryland’s definition of shared custody versus sole custody. In this state, the dividing line is 35%, or roughly 128 overnights. If you have fewer than that, then the other parent has sole physical custody. If you have more than that, then you and the children’s other parent have shared physical custody.
That recent case involved a father who had visitation on alternating weekends, alternating Wednesday evenings, some federal holidays and part of the summer break. He was also required to pay $2,620 per month in child support but later asked the judge to reduce his obligation. He argued that his support obligation was being calculated as if the mother had sole physical custody but, based on the number of overnights the children had with him, the parents shared joint physical custody.