Ch. 2
LAWS OF MARYLAND
UNDER SUBSECTIONS (G), (H), AND (I) OF THIS SECTION AND SHALL BE
ADDED TO THAT CHILD'S SHARE OF THE BASIC OBLIGATION.
(4) THE AMOUNT DETERMINED UNDER PARAGRAPHS (1) AND
(2) OF THIS SUBSECTION SHALL BE A THEORETICAL SUPPORT OBLIGATION
DUE EACH PARENT FOR SUPPORT OF THE CHILD OR CHILDREN FOR WHOM THE
PARENT HAS PHYSICAL CUSTODY.
(5) THE THEORETICAL SUPPORT OBLIGATION SHALL BE
MULTIPLIED BY THE PERCENTAGE THAT THE OTHER PARENT'S GROSS INCOME
BEARS TO THE TOTAL COMBINED GROSS INCOME OF BOTH PARENTS.
(6) THE OBLIGATIONS SHALL THEN BE OFFSET AND THE
PARENT OWING THE LARGER AMOUNT SHALL OWE THE DIFFERENCE BETWEEN
THE 2 AMOUNTS TO THE OTHER PARENT AS CHILD SUPPORT.
(3) SUBJECT TO THE PROVISIONS OF PARAGRAPHS (4) AND
(5) OF THIS SUBSECTION, THE PARENT OWING THE GREATER AMOUNT UNDER
PARAGRAPH (2) OF THIS SUBSECTION SHALL OWE THE DIFFERENCE IN THE
2 AMOUNTS AS CHILD SUPPORT.
(4) IN ADDITION TO THE AMOUNT OF THE CHILD SUPPORT
OWED UNDER PARAGRAPH (3) OF THIS SUBSECTION, IF EITHER PARENT
INCURS CHILD CARE EXPENSES UNDER SUBSECTION (G) OF THIS SECTION,
EXTRAORDINARY MEDICAL EXPENSES UNDER SUBSECTION (H) OF THIS
SECTION, OR ADDITIONAL EXPENSES UNDER SUBSECTION (I) Of THIS
SECTION, THE EXPENSE SHALL BE DIVIDED BETWEEN THE PARENTS IN
PROPORTION TO THEIR RESPECTIVE ADJUSTED ACTUAL INCOMES. THE
PARENT NOT INCURRING THE EXPENSE SHALL PAY THAT PARENT'S
PROPORTIONATE SHARE TO:
(I) THE PARENT MAKING DIRECT PAYMENTS TO THE
PROVIDER OF THE SERVICE; OR
(II) THE PROVIDER DIRECTLY, IF A COURT ORDER
REQUIRES DIRECT PAYMENTS TO THE PROVIDER.
(5) THE AMOUNT OWED UNDER PARAGRAPH (3) OF THIS
SUBSECTION MAY NOT EXCEED THE AMOUNT THAT WOULD BE OWED UNDER
SUBSECTION (K) OF THIS SECTION IF THE OBLIGOR PARENT WERE A
NONCUSTODIAL PARENT.----------------------------------------------------
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an
emergency measure, is necessary for the immediate preservation of"
the public health and safety, has been passed by a yea and nay
vote supported by three-fifths of all the members elected to each
of the two Houses of the General Assembly, and shall take effect
from the date it is enacted.
Approved February 24, 1989.
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