Child Support - Adjusted Actual Income - Definition

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1144*

HOUSE BILL 1144
D4 6lr2531

By: Delegate Crutchfield
Introduced and read first time: February 11, 2026
Assigned to: Judiciary
Committee Report: Favorable
House action: Adopted
Read second time: March 1, 2026

CHAPTER ______

AN ACT concerning 1

Child Support – Adjusted Actual Income – Definition 2

FOR the purpose of altering the definition of “adjusted actual income” under the State child 3
support guidelines; and generally relating to child support. 4

BY repealing and reenacting, without amendments, 5
Article – Family Law 6
Section 12–201(a) and (p) and 12–204(a) 7
Annotated Code of Maryland 8
(2019 Replacement Volume and 2025 Supplement) 9

BY repealing and reenacting, with amendments, 10
Article – Family Law 11
Section 12–201(c) 12
Annotated Code of Maryland 13
(2019 Replacement Volume and 2025 Supplement) 14

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16

Article – Family Law 17

12–201. 18

(a) In this subtitle the following words have the meanings indicated. 19
2 HOUSE BILL 1144

(c) (1) “Adjusted actual income” means actual income minus: 1

(i) preexisting reasonable child support obligations actually paid; 2

(ii) except as provided in § 12 –204(a)(2) of this subtitle, alimony or 3
maintenance obligations actually paid; and 4

(iii) an allowance for support for each child living in a parent’s home 5
to whom the parent owes a legal duty of support if the child is considered to be spending 6
more than [92 overnights ] 25% OF THE CHILD ’S OVERNIGHTS (AT LEAST 92 7
OVERNIGHTS) in the parent’s home in a year and not subject to the support order. 8

(2) For purposes of determining the amount of the allowance under 9
paragraph (1)(iii) of this subsection: 10

(i) the basic child support obligation for each additional child in the 11
parent’s home shall be determined in accordance with § 12–204 of this subtitle, using only 12
the actual income of the parent entitled to the deduction; and 13

(ii) the amount determined under item (i) of this paragraph shall be 14
multiplied by 75%. 15

(3) The court shall decline to award an allowance under paragraph (1) of 16
this subsection if the court finds, after considering the evidence and the best interest of the 17
child for whom support is being determined, that the application of an allowance would be 18
unjust or inappropriate. 19

(p) “Shared physical custody adjustment” means the adjustment made to a 20
theoretical adjusted basic child support obligation in a shared physical custody case when 21
a parent keeps the child or children overnight for more than 25% (at least 92 overnights), 22
but less than 30% (not more than 109 overnights), of the year. 23

12–204. 24

(a) (1) The basic child support obligation shall be determined i n accordance 25
with the schedule of basic child support obligations in subsection (e) of this section. The 26
basic child support obligation shall be divided between the parents in proportion to their 27
adjusted actual incomes. 28

(2) (i) If one or both parents have made a request for alimony or 29
maintenance in the proceeding in which a child support award is sought, the court shall 30
decide the issue and amount of alimony or maintenance before determining the child 31
support obligation under these guidelines. 32

(ii) If the court awards alimony or maintenance, the amount of 33
alimony or maintenance awarded shall be considered actual income for the recipient of the 34
HOUSE BILL 1144 3

alimony or maintenance and shall be subtracted from the income of the payor of the alimony 1
or maintenance under § 12 –201(c)(1)(ii) of this subtitle before the court determines the 2
amount of a child support award. 3

(3) The amount of the allowance for the support of additional children 4
living in a parent’s home described in § 12–201(c)(1)(iii) of this subtitle shall be subtracted 5
from the parent’s actual income before the court determines the amount of a child support 6
award. 7

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
October 1, 2026. 9

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.