Maryland Divorce Lawyer Blog
In the fall of 2025, Maryland passed a bill that changed how “adjusted actual income” is defined for calculating child support. This significant update affects thousands of families, making it especially important to work with a Maryland family law attorney who fully understands the new rules and can advocate for you.
All parents are responsible for supporting their children. Child support cannot be waived by either parent because the support belongs to the child—not the adults. When calculating child support, several factors are considered, including, among other things, which parent pays for health insurance, the number of overnights with each parent, work-related childcare costs, and each parent’s income.
“Actual income” includes earnings from any source—such as wages, commissions, bonuses, dividends, Social Security benefits, trust income, or disability insurance—but does not include benefits received from means‑tested public assistance programs like food stamps or temporary cash assistance. Traditionally, child support was based on each parent’s actual income minus any existing child support payments or alimony, resulting in what’s called “Adjusted Actual Income.”
Maryland’s new multifamily adjustment adds another step.
Now, parents can also subtract an “allowance” for each child living in their home if they owe a legal duty of support to that child and the child resides with them for more than 92 overnights per year. Importantly, not every child living in the home qualifies—there must be a legal duty of support, which typically applies to biological or adopted children, not nieces, nephews, siblings, or grandchildren, unless a court order or adoption creates such a duty.
In practice, this can impact you and your family by having a significant impact on the income figure used to calculate child support. If and when qualifying children in your specific situation are identified, the allowance is calculated as actual income × .75. This could theoretically change the income used to calculate child support for a parent who earns $2,500 a month from the full $2,500 to $1,875[1].
Once the qualifying children are identified, the allowance is calculated to reduce the amount of Actual Income for a parent. While the Court can include the allowance in the child support calculations, the court also has the authority to exclude this allowance if the Court determines that applying the allowance would not be in the child’s best interest or would be unjust or inappropriate after reviewing the financial circumstances. This is another reason why having experienced legal representation is crucial.
If you are unsure whether you have a legal duty of support for a child in your household and you are involved in a child support matter, you should speak with a Maryland family law attorney who can review the specifics of your situation.
With decades of family law experience, Monica Scherer and her team at Silverman Thompson have helped countless Maryland families through settlement negotiations, prelitigation matters, and trials pertaining to divorce, child custody, and child support disputes. If you are facing a family law issue, it is essential to work with an attorney who can protect your rights and advocate for your interests.
Questions about your specific circumstance? You can reach Monica Scherer and the family law team at mscherer@silvermanthompson.com or toll-free at 800-385-2243.
[1] The information contained here is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site — clients or otherwise — should act or refrain from acting on the basis of any content included herein without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The examples used here are illustrative only.