Ch. 58 LAWS OF MARYLAND
the Department of Human Resources; AND

(4) ADOPT REGULATIONS ESTABLISHING PROCEDURES FOR
THE PERIODIC REVIEW AND ADJUSTMENT OF CHILD SUPPORT ORDERS
BEING ENFORCED BY A SUPPORT ENFORCEMENT AGENCY.

12-202.

(a) (1) [In] SUBJECT TO THE PROVISIONS OF PARAGRAPH (2) OF
THIS SUBSECTION, IN any proceeding to establish or modify child support, whether
pendente lite or permanent, the court [may] SHALL use the child support guidelines
set forth in this subtitle.

(2) (I) THERE IS A REBUTTABLE PRESUMPTION THAT THE
AMOUNT OF CHILD SUPPORT WHICH WOULD RESULT FROM THE
APPLICATION OF THE CHILD SUPPORT GUIDELINES SET FORTH IN THIS
SUBTITLE IS THE CORRECT AMOUNT OF CHILD SUPPORT TO BE
AWARDED.

(II) THE PRESUMPTION MAY BE REBUTTED BY EVIDENCE
THAT THE APPLICATION OF THE GUIDELINES WOULD BE UNJUST OR
INAPPROPRIATE IN A PARTICULAR CASE.

(III) IN DETERMINING WHETHER THE APPLICATION OF
THE GUIDELINES WOULD BE UNJUST OR INAPPROPRIATE IN A
PARTICULAR CASE, THE COURT MAY CONSIDER:

1. THE TERMS OF ANY EXISTING SEPARATION OR

PROPERTY SETTLEMENT AGREEMENT OR COURT ORDER, INCLUDING
ANY PROVISIONS FOR PAYMENT OF MORTGAGES OR MARITAL DEBTS,
PAYMENT OF COLLEGE EDUCATION EXPENSES, THE TERMS OF ANY USE
AND POSSESSION ORDER OR RIGHT TO OCCUPY TO THE FAMILY HOME
UNDER AN AGREEMENT, ANY DIRECT PAYMENTS MADE FOR THE
BENEFIT OF THE CHILDREN REQUIRED BY AGREEMENT OR ORDER, OR
ANY OTHER FINANCIAL CONSIDERATIONS SET OUT IN AN EXISTING
SEPARATION OR PROPERTY SETTLEMENT AGREEMENT OR COURT
ORDER; AND

2. THE PRESENCE IN THE HOUSEHOLD OF EITHER

PARENT OF OTHER CHILDREN TO WHOM THAT PARENT OWES A DUTY
OF SUPPORT AND THE EXPENSES FOR WHOM THAT PARENT IS DIRECTLY
CONTRIBUTING.

(IV) 1. IF THE COURT DETERMINES THAT THE
APPLICATION OF THE GUIDELINES WOULD BE UNJUST OR
INAPPROPRIATE IN A PARTICULAR CASE, THE COURT SHALL MAKE A
WRITTEN FINDING OR SPECIFIC FINDING ON THE RECORD STATING THE
REASONS FOR DEPARTING FROM THE GUIDELINES.

2. THE COURT'S FINDING SHALL STATE:
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