Ch. 491                                    2004 LAWS OF MARYLAND

OBLIGOR WHO IS DISABLED, RETIRED, OR IS RECEIVING BENEFITS FROM ANY
SOURCE AS A RESULT OF A COMPENSABLE CLAIM, THE AMOUNT OF THE
COMPENSATION SHALL BE SET OFF AGAINST THE CHILD SUPPORT OBLIGATION
CALCULATED USING THE GUIDELINES.

(2) (I) IF THE AMOUNT PAID TO OR FOR A CHILD EXCEEDS THE
CURRENT CHILD SUPPORT OBLIGATION CALCULATED USING THE GUIDELINES, THE
EXCESS PAYMENT SHALL BE CREDITED TO ANY EXISTING CHILD SUPPORT
ARREARAGE THAT ACCRUED AFTER THE EFFECTIVE DATE THE BENEFITS WERE
AWARDED.

(II) THE EXCESS PAYMENT MAY NOT BE CREDITED TO ANY FUTURE
CHILD SUPPORT OBLIGATION.

[(j)] (K) (1) Upon the expiration of a use and possession order or the
expiration of the right to occupy the family home under a separation or property
settlement agreement and upon motion of either party, the court shall review the
child support award.

(2) If the allocation of financial responsibility for the family home was a
factor in departing from the guidelines under subsection (a) of this section, the court
may modify the child support, if appropriate in all the circumstances, upon the
expiration of the use and possession order or the expiration of the right to occupy the
family home under a separation or property settlement agreement.

[(k)] (L) (1) Except in cases of shared physical custody, each parent's child
support obligation shall be determined by adding each parent's respective share of the
basic child support obligation, work—related child care expenses, extraordinary
medical expenses, and additional expenses under subsection (i) of this section.

(2)     The custodial parent shall be presumed to spend that parent's total
child support obligation directly on the child or children.

(3)     The noncustodial parent shall owe that parent's total child support
obligation as child support to the custodial parent minus any ordered payments
included in the calculations made directly by the noncustodial parent on behalf of the
child or children for work-related child care expenses, extraordinary medical
expenses, or additional expenses under subsection (i) of this section.

[(l)] (M) (1) In cases of shared physical custody, the adjusted basic child
support obligation shall first be divided between the parents in proportion to their
respective adjusted actual incomes.

(2)     Each parent's share of the adjusted basic child support obligation
shall then be multiplied by the percentage of time the child or children spend with the
other parent to determine the theoretical basic child support obligation owed to the
other parent.

(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.

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