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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7451
Experience:  Experienced Family Law Attorney
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If both parents had joint custody one with primary residence

Customer Question

If both parents had joint custody one with primary residence and other with visitation but communication with other household is gone up and down would the visiting parent have to pay more if they gave over full custody with same visitation schedule?
Submitted: 9 months ago.
Category: Family Law
Expert:  LegalGems replied 9 months ago.

What state is this in regards ***** *****

Customer: replied 9 months ago.
Maryland
Expert:  LegalGems replied 9 months ago.

Thank you for your patience.

So the courts are primarily concerned with the parties' respective income, and the parenting time each parent spends with the child, so labels as to legal custody are not typically involved in that formula.

Here is the relevant statute: http://mgaleg.maryland.gov/webmga/frmStatutesText.aspx?article=gfl&section=12-204&ext=html&session=2015RS&tab=subject5

Maryland uses an income shares model for its child support guidelines. The guidelines take into account the income of both parents, number of children, cost of health insurance for the child(ren), current child support being paid for other children, alimony being paid, alimony being received, the cost of daycare, and extraordinary medical expenses of the child

A calculator provided here:

http://www.dhr.state.md.us/CSOCGuide/App/disclaimer.do

The courts will only order child support (or modification) retroactive to the date of the filing of the request.

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