New Maryland Child Support Rules for Parents with Children in More Than One Family

Parents have a duty to support their children when they divorce or end their relationship. Child support includes the payment of funds to pay for each child’s shelter, food, clothing, education, medical care, and other necessary expenses, depending on the financial abilities of each parent.

Generally, child support orders focus on each parent’s income and assets when determining the award amount. Other factors include the children’s ages, their needs, all child support orders, and the child custody arrangements.

What are multifamily child support obligations?

In today’s world, many parents have children from new relationships. Here’s an example: a Parent A has a child with a Partner 1 (whether the two are married or not). If Parent A then moves to a new home with a second partner, Partner 2, and has children with the second partner (whether they marry or not), then Parent A has multiple children who live in multiple homes:

• The first child of Parent A who lives with Partner 1
• The children of the new relationship who live in the home of Parent A and Partner 2

A new Maryland law (HB275/SB1038), effective October 1, 2025, provides that when Partner 1 seeks child support (or a modification) for the first child, the court may apply a newly standardized ‘multifamily adjustment’ that formalizes how obligations to other children are considered.

This way, the court accounts for a parent’s financial responsibility to all children, whether through formal support orders or household support obligations. The multifamily adjustment may be considered whenever child support is calculated or recalculated, including in initial determinations and modification proceedings.

A parent’s ability to use an income adjustment

The new law provides that a family court judge can now “provide a financial allowance (a deduction) for a child who lives in the parent’s home, even if there is no court order requiring support for that child.”

Courts may limit or decline the adjustment in cases involving imputed income, depending on the circumstances.

Generally, the court will consider a parent’s actual income in determining how much child support a parent will pay. The court, on behalf of a parent who qualifies for the deduction, may apply a statutory multifamily adjustment that allows a guideline-based adjustment that may reduce a parent’s income for child support purposes.

To qualify for the income adjustment of a child, the parent must meet all of the following conditions:

• The parent has a legal duty of support to the child, such as by virtue of being the natural parent of the child or adopting the child.
• There is no current child support order for the parent to support the child.
• The child resides with the parent for more than 92 overnights per year, as required under Maryland Child Support Guidelines.

How does the multifamily adjustment affect custodial and non-custodial parents?

Essentially, the multifamily adjustment law factors into child support obligations that a parent is using part of their income to pay child support for someone who is not already covered by a child support order.

Custodial parents (of a child/children who have or should have a child custody order)

If you are a custodial parent:

• The adjustment will be considered when a motion for modification is filed.
• The income adjustment can be considered even if the reason for the modification request is due to other reasons.
• A custodial parent who questions the household size or number of overnights of a non-custodial parent, or if a custodial parent has a claim about their household size or number of overnights for any of their children, the custodial parent should be prepared to provide evidence to support their position, such as:

o Proof of parenthood of the children for whom the allowance/deduction is sought.

o Documentation (such as custody agreements, school records, and other evidence) showing where the child (not subject to a formal order) lives for 92 days or more during the relevant period.

Non-custodial parents (of children who have or should have a child custody order)

The issue of household size or overnight stays may arise if both the custodial and non-custodial parents have other children to support. Generally, depending on who is seeking to benefit or contest the allowance, one should be prepared to have proof that they (or the other parent) is a legal parent and that there is (or isn’t) proper proof regarding the number of overnight stays.

Court discretion regarding the allowance

The multifamily adjustment law also provides flexibility to decide the amount of support based on unique family circumstances. Courts may deviate from the guidelines under Family Law § 12-202 when application of the guidelines would be unjust or inappropriate, based on specific statutory factors and the best interests of the child.

Contact our Maryland child support lawyers today

At McCabe Russell Divorce and Child Custody Lawyers, we help parents and children obtain the child support every child deserves. To discuss how to use the new multi-family child support adjustment, or any child support issue, please call us or complete our online form to speak with one of our Maryland family law attorneys.