HB435: New Maryland Law on Child Support Modifications for Incarcerated Parents

As of October 1, 2024, Maryland has implemented HB435: Child Support – Incarcerated Obligors, which modifies the way child support obligations are calculated and managed for incarcerated parents. This new law acknowledges the unique financial challenges of incarcerated individuals and offers a more equitable approach to child support responsibilities under such circumstances.

Key Provisions of HB435

HB435 amends sections of Maryland’s Family Law Code (12-104, 12-104.1, and 12-204) to make significant changes in how courts address child support obligations for incarcerated parents:

• Material Change of Circumstances: Incarceration now qualifies as a material change in circumstances. This allows an incarcerated parent to seek a modification of their child support order if their ability to pay is significantly reduced due to their time in custody. This ensures child support orders are better aligned with the paying parent’s financial reality during incarceration.
• Exception to Voluntary Impoverishment: The bill explicitly states that an incarcerated parent cannot be considered “voluntarily impoverished.” Previously, if a parent was deemed voluntarily impoverished, it could lead to penalties or the imputation of income as though the parent were choosing not to pay. HB435 recognizes that incarceration is not a voluntary reduction in income, removing this risk for incarcerated parents.
• Prohibition on Potential Income Determination: HB435 prohibits courts from assigning a potential income amount to an incarcerated parent. Potential income determinations are generally used to set support based on what a parent could earn, but this provision acknowledges that incarcerated parents are unlikely to have income-earning opportunities. This change prevents courts from setting child support based on hypothetical income that incarcerated individuals cannot realistically achieve.
• Repeal of Limitations on Arrearage Protections: Previously, Maryland law had restrictions on when child support payments could be paused to prevent arrearages from accruing during incarceration. HB435 removes these limitations, meaning that for incarcerated parents, child support may now be paused to prevent past-due payments and accumulating arrears both during and immediately after incarceration, if appropriate.

What This Means for Families

For families receiving child support, this law is designed to ensure that modifications are made only when the obligor’s financial ability is genuinely impacted by incarceration. This helps prevent large arrears from accumulating, which could create further financial strain for the paying parent and complicate their ability to make consistent payments after release.

For parents fulfilling child support obligations, HB435 provides a way to keep obligations realistic and prevent overwhelming debt from building during incarceration. By enabling modification requests and eliminating punitive income imputation, HB435 supports a fairer approach that may ultimately help the paying parent return to a more stable financial situation after release, allowing them to better support their child in the long term.

Moving Forward with HB435

At Z Family Law, we know child support matters are highly emotional, especially when circumstances shift due to life-altering events like incarceration. If you or someone you know could benefit from a child support modification under this new law, our team is here to help you navigate the modification process. We’ll work with you to determine eligibility, ensure compliance with HB435, and help you secure a child support arrangement that reflects your family’s current circumstances.

Questions on How HB435 Impacts You? 

If you’re seeking guidance on this or any family law matter, the team at Z Family Law is here to provide answers and support. Reach out to discuss your unique situation and take the next steps toward an informed, sustainable solution.