PETITION TO MODIFY CHILD SUPPORT

In the Circuit Court for [__] County, Maryland

Case No.: [____]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Title. Petition to Modify Child Support (the “Petition”).
2. Parties.
   a. Petitioner: [FULL LEGAL NAME], an individual residing at [ADDRESS].
   b. Respondent: [FULL LEGAL NAME], an individual residing at [ADDRESS].
3. Recitals.
   a. On [DATE], this Court entered a Child Support Order (the “Existing Support Order”) requiring Respondent to pay child support for the minor child(ren) identified below.
   b. Petitioner alleges that a material change in circumstances has occurred warranting modification of the Existing Support Order pursuant to Md. Code Ann., Fam. Law § 12-104(a).
4. Effective Date & Jurisdiction. This Petition is filed under Maryland family law and the Maryland Child Support Guidelines, Md. Code Ann., Fam. Law §§ 12-202 et seq. The Court has subject-matter jurisdiction, and venue is proper in this County.

II. DEFINITIONS

The following capitalized terms have the meanings set forth below and are applicable throughout this Petition:

1. “Adjusted Actual Income” has the meaning assigned in Md. Code Ann., Fam. Law § 12-201.
2. “Child(ren)” means the minor child(ren) of the parties: [NAME(S); DOB(S)].
3. “Combined Adjusted Actual Income” or “CAAI” means the sum of each Party’s Adjusted Actual Income.
4. “Existing Support Order” has the meaning given in Section I.3.a.
5. “Guidelines Schedule” means the Maryland Basic Child Support Obligation Schedule codified at Md. Code Ann., Fam. Law § 12-202(c).
6. “Material Change in Circumstances” means a change that is (i) relevant to the level of child support, and (ii) one that the parties could not or did not anticipate at the time of entry of the Existing Support Order.
7. “Payor” means the parent obligated to pay support under any modified order that may issue.

III. OPERATIVE PROVISIONS

1. Request for Relief. Petitioner respectfully requests that the Court:
   a. Determine the parties’ respective Adjusted Actual Incomes pursuant to Md. Code Ann., Fam. Law § 12-201.
   b. Apply the Guidelines Schedule to the parties’ CAAI to establish a new Basic Child Support Obligation.
   c. Allocate additional child-related expenses (e.g., health insurance, extraordinary medical, work-related child-care) under Md. Code Ann., Fam. Law § 12-204.
   d. Enter a Modified Child Support Order effective [PROPOSED EFFECTIVE DATE].
   e. Order immediate wage withholding pursuant to Md. Code Ann., Fam. Law § 10-121.
2. Alleged Material Change. The change(s) giving rise to this Petition include but are not limited to:
   a. [Loss/Gain of Employment] on [DATE];
   b. [Substantial Increase/Decrease] in income from $[_] to $[___];
   c. [Change in Physical Custody Schedule] commencing [DATE];
   d. [Emancipation of one or more Child(ren)];
   e. [Significant change in health-care or child-care costs].
3. Calculation Summary. A completed Maryland Child Support Guidelines Worksheet is attached as Exhibit A and incorporated herein.

[// GUIDANCE: Attachments—Maryland Rule 9-206 requires submission of the Guidelines Worksheet and Financial Statement (Form CC-DR-031 or CC-DR-030) when a party seeks to establish or modify child support.]

4. Conditions Precedent. Petitioner certifies compliance with:
   a. Md. Rule 9-202 (pleading requirements);
   b. Md. Rule 9-203 (service of process); and
   c. Local rules regarding scheduling conferences and parent education.

IV. REPRESENTATIONS & WARRANTIES

1. Petitioner represents under oath:
   a. The facts stated herein are true and correct to the best of Petitioner’s knowledge, information, and belief.
   b. All required financial disclosures have been provided contemporaneously or will be provided in accordance with Md. Rule 9-203.
2. Survival. These representations remain in effect until entry of a final Modified Child Support Order.

V. COVENANTS & RESTRICTIONS

1. Continuing Disclosure. Each Party shall promptly supplement financial disclosures upon any additional material change in circumstances prior to final hearing.
2. Non-Retaliation. Neither Party shall harass, intimidate, or retaliate against the other for filing or defending this Petition.
3. Compliance with Court Orders. The Parties covenant to abide by all interim and final orders of this Court, including wage-withholding directives.

VI. DEFAULT & REMEDIES

1. Events of Default. A Party is in default if that Party:
   a. Fails to comply with discovery obligations;
   b. Fails to appear at any scheduled court proceeding without good cause; or
   c. Fails to comply with any interim support order.
2. Remedies. Upon default, the Court may:
   a. Strike pleadings or bar testimony;
   b. Enter a support order based on available evidence;
   c. Impose attorney’s fees and costs; and
   d. Issue wage garnishment or contempt sanctions as authorized by Md. Code Ann., Fam. Law §§ 10-121, 12-103.

VII. RISK ALLOCATION

1. Indemnification. Not applicable.
2. Limitation of Liability. Each Party’s financial obligation is capped at the amount calculated under the Maryland Child Support Guidelines, subject to judicial deviation only as permitted under Md. Code Ann., Fam. Law § 12-202(a)(2).
3. Force Majeure. If a Party’s income is interrupted by events constituting force majeure (e.g., federally-declared disasters), that Party shall promptly file a motion to modify support.

VIII. DISPUTE RESOLUTION

1. Governing Law. Maryland family law governs.
2. Forum Selection. Exclusive venue lies in the Circuit Court for [__] County, Maryland.
3. Arbitration. Not available for child support matters.
4. Jury Waiver. Child support matters are tried to the Court.
5. Injunctive Relief. The Court retains authority to issue or continue wage-withholding orders pursuant to Md. Code Ann., Fam. Law § 10-121.

IX. GENERAL PROVISIONS

1. Amendment & Waiver. Any amendment to this Petition must be in writing and filed with the Court; waivers of procedural rights require express Court approval.
2. Assignment. Rights under any resulting support order are non-assignable except as permitted by law for enforcement agencies.
3. Severability. If any provision herein is held unenforceable, the remaining provisions shall remain in full force to the extent not inconsistent with Maryland law.
4. Integration. This Petition, together with required exhibits, constitutes the entire pleading for the relief sought herein.
5. Electronic Signatures. Permitted in accordance with Md. Rule 1-322.1 and the Uniform Electronic Transactions Act, Md. Code Ann., Com. Law § 21-101 et seq.

X. EXECUTION BLOCK

I solemnly affirm under the penalties of perjury that the contents of the foregoing Petition are true to the best of my knowledge, information, and belief.

Date: ________

[NAME OF PETITIONER]
Petitioner

Address: [____]
Phone: [____]
Email: [____]

[// GUIDANCE: If Petitioner is represented, include attorney signature block compliant with Md. Rule 1-311, and ensure required Certificate Regarding Alternative Dispute Resolution is attached if local rules require.]

VERIFICATION BY ATTORNEY (IF APPLICABLE)

I, _____, certify that I am the attorney for Petitioner in this matter and that to the best of my knowledge, information, and belief, there is good ground to support the Petition, and it is not interposed for improper purpose.

Date: ________

[ATTORNEY NAME]
Maryland CPF No.: [__]
Firm: [FIRM NAME]
Address: [__]
Phone: [__]
Email: [_____]

CERTIFICATE OF SERVICE

I hereby certify that on this _ day of _, 20__, a true and correct copy of the foregoing Petition to Modify Child Support, together with all exhibits, was served upon:

[RESPONDENT NAME]
[ADDRESS]
by [ ] personal service / [ ] certified mail, return receipt requested / [ ] MDEC e-service (if enabled).

[NAME OF SERVER]

[// GUIDANCE: Modify service method to comply with Md. Rule 2-121. Attach affidavit of service once effected.]

[// GUIDANCE:
1. Attach “Maryland Child Support Guidelines Worksheet” (Form CC-DR-034) as Exhibit A.
2. Attach the appropriate Financial Statement (Form CC-DR-030 for support >$30,000/yr or CC-DR-031 for ≤$30,000/yr) as Exhibit B.
3. If deviation from the Guidelines is sought, include “Request for Deviation” section with factual basis and statutory factors (§ 12-202(a)(2)(iv)).
4. Confirm local county requirements (e.g., parent education courses, ADR statements).
5. For voluntary impoverishment issues, be prepared to present evidence under Md. Code Ann., Fam. Law § 12-204(b).]