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Ch. 35
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Martin O'Malley, Governor
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(e) "Basic child support obligation" means the base amount due for child
support based on the combined adjusted actual incomes of both parents.
(f) "Combined adjusted actual income" means the combined monthly
adjusted actual incomes of both parents.
12-204.
(a) (1) The basic child support obligation shall be determined in
accordance with the schedule of basic child support obligations in subsection (e) of this
section. The basic child support obligation shall be divided between the parents in
proportion to their adjusted actual incomes.
(2) (i) If one or both parents have made a request for alimony or
maintenance in the proceeding in which a child support award is sought, the court
shall decide the issue and amount of alimony or maintenance before determining the
child support obligation under these guidelines.
(ii) If the court awards alimony or maintenance, the amount of
alimony or maintenance awarded shall be considered actual income for the recipient of
the alimony or maintenance and shall be subtracted from the income of the payor of
the alimony or maintenance under § 12-201(c)(2) of this subtitle before the court
determines the amount of a child support award.
(g) (1) Subject to paragraphs (2) and (3) of this subsection, actual child
care expenses incurred on behalf of a child due to employment or job search of either
parent shall be added to the basic obligation and shall be divided between the parents
in proportion to their adjusted actual incomes.
(2) Child care expenses shall be:
(i) determined by actual family experience, unless the court
determines that the actual family experience is not in the best interest of the child; or
(ii) if there is no actual family experience or if the court
determines that actual family experience is not in the best interest of the child:
1. the level required to provide quality care from a
licensed source; or
2. if the custodial parent chooses quality child care with
an actual cost of an amount less than the level required to provide quality care from a
licensed source, the actual cost of the child care expense.
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- 813 -
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