How to Get Child Support in Maryland from a Self-Employed Parent
Determining child support in Maryland can be a complex process, especially when one or both parents are self-employed.The fluctuating nature of self-employment income can make it challenging to accurately calculate a fair support amount. If you're struggling to obtain child support from a self-employed parent in Howard, Frederick, Montgomery, or Anne Arundel County, you're not alone.
At DAVID JOHN Law Firm, we have nearly two decades of experience helping clients navigate the intricacies of Maryland child support law. Our team understands the unique challenges posed by self-employment and is committed to advocating for your rights and the well-being of your children.
Understanding the Challenges
Self-employed individuals often have income that varies significantly from year to year, or even month to month. This can make it difficult to accurately assess their earning potential and determine a fair child support amount. Additionally, self-employed parents may attempt to underreport their income to reduce their child support obligation.
How Child Support is Determined for Self-Employed Parents
Maryland law considers a variety of factors when calculating child support, including the income of both parents. For self-employed individuals, "income" can encompass various sources, such as:
Gross receipts: Total income generated by the business.
Business expenses: Deductible costs associated with running the business.
Net profit: Gross receipts minus legitimate business expenses.
Other income sources: Rental properties, investments, or part-time employment.
The court will typically examine several years of tax returns to establish a reliable income baseline. It's important to note that the court may also consider other factors, such as the parent's earning capacity and potential to increase income.
Common Challenges and Solutions
Obtaining child support from a self-employed parent can be a daunting task. Some common challenges and potential solutions include:
Underreported income: If you suspect that the other parent is underreporting their income, gather as much financial information as possible. This may include bank statements, business records, and tax returns. An experienced child support attorney can help you uncover hidden income and present a compelling case to the court.
Fluctuating income: Self-employed income can vary widely. To address this, the court may consider averaging income over a specific period or using a projected income figure based on historical data.
Business expenses: It's essential to carefully scrutinize business expenses to ensure they are legitimate and not inflated to reduce taxable income.
Imputed income: If a court determines that a self-employed parent is intentionally underutilizing their earning potential, they may impute income, meaning they assign a higher income level for child support purposes.
The Importance of Experienced Legal Representation
Navigating the complexities of child support involving a self-employed parent requires the expertise of an experienced child support attorney. At DAVID JOHN Law Firm, we have a proven track record of successfully representing clients in child support cases involving self-employed individuals.
Our attorneys will:
Conduct a thorough evaluation of your case.
Gather and analyze financial information.
Build a strong case to protect your rights and the best interests of your children.
Aggressively represent your interests in court.
Explore all available options to enforce child support orders.
Understanding the Legal Process
When dealing with child support involving self-employment, it's crucial to understand the legal process. Here's a general overview:
Petition Filing: The first step is to file a child support petition with the court. This outlines the requested child support amount and provides details about the child's needs.
Income and Expense Documentation: Both parents must provide financial information, including tax returns,business records, and bank statements.
Discovery: The legal process of exchanging information between parties. This includes requests for documents and depositions.
Child Support Calculation: The court will use the Maryland child support guidelines to calculate a presumptive support amount based on the parents' income.
Deviation from Guidelines: In some cases, the court may deviate from the guidelines if there are extraordinary circumstances, such as significant medical expenses for the child.
Order Entry: Once the court determines the child support amount, it will issue a formal order.
Enforcing Child Support
Even with a child support order in place, it can be challenging to collect payments from a self-employed parent. If you're facing difficulties in collecting child support, there are several enforcement options available, including:
Wage garnishment: While not directly applicable to self-employed individuals, other income sources like rental properties can be garnished.
Bank account levies: Funds in the non-custodial parent's bank accounts can be seized to satisfy child support arrears.
Property liens: A lien can be placed on the non-custodial parent's property to secure payment of child support.
Driver's license suspension: Non-payment of child support can result in the suspension of the obligor's driver's license.
Contempt of court: If the non-custodial parent willfully refuses to pay child support, they can be held in contempt of court, which can lead to jail time or other penalties.
Additional Considerations
Modification of Child Support: If the income of either parent changes significantly, it may be possible to modify the child support order.
Mediation: In some cases, mediation can be a helpful way to resolve child support disputes without resorting to litigation.
Conclusion
Obtaining child support from a self-employed parent can be a complex and challenging process. However, with the right legal guidance, you can protect your child's financial well-being. At DAVID JOHN Law Firm, we are committed to helping you navigate the complexities of Maryland child support law and achieving a fair outcome. Contact David John Marquardt today for a FREE consultation.