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Actual income
(b)(1)
"Actual income" means income from any source.
(2) For income from
self-employment, rent, royalties, proprietorship of a
business, or joint ownership of a partnership or closely
held corporation, "actual income" means gross receipts
minus ordinary and necessary expenses required to
produce income.
(3) "Actual income" includes:
(i) salaries;
(ii) wages;
(iii) commissions;
(iv) bonuses;
(v) dividend income;
(vi) pension income;
(vii) interest income;
(viii) trust income;
(ix) annuity income;
(x) Social Security benefits;
(xi) workers' compensation benefits;
(xii) unemployment insurance benefits;
(xiii) disability insurance benefits;
(xiv) for the obligor, any third party payment paid to
or for a minor child as a result of the obligor's
disability, retirement, or other compensable claim;
(xv) alimony or maintenance received; and
(xvi) expense reimbursements or in-kind payments
received by a parent in the course of employment,
self-employment, or operation of a business to the
extent the reimbursements or payments reduce the
parent's personal living expenses.
(4) Based on the circumstances of
the case, the court may consider the following items as
actual income:
(i) severance pay;
(ii) capital gains;
(iii) gifts; or
(iv) prizes.
(5) "Actual income" does not
include benefits received from means-tested public
assistance programs, including temporary cash
assistance, Supplemental Security Income, food stamps,
and transitional emergency, medical, and housing
assistance.
Adjusted actual income
(c) "Adjusted actual
income" means actual
income minus:
(1) preexisting reasonable
child support
obligations actually paid;
(2) except as provided in § 12-204(a)(2) of this
subtitle, alimony or maintenance obligations actually
paid; and
(3) the actual cost of providing health insurance
coverage for a child for whom the parents are jointly
and severally responsible.
Adjusted basic child
support obligation
(d) "Adjusted basic child
support obligation" means an adjustment of the basic
child support obligation for shared physical custody.
Basic child support
obligation
(e) "Basic
child support
obligation" means the base amount due for
child support based on
the combined adjusted actual
incomes of both parents.
Combined adjusted
actual
income
(f) "Combined adjusted actual
income" means the
combined monthly adjusted actual
incomes of both parents.
Extraordinary
medical expenses
(g)(1) "Extraordinary medical
expenses" means uninsured expenses over $100 for a
single illness or condition.
(2) "Extraordinary medical
expenses" includes uninsured, reasonable, and necessary
costs for orthodontia, dental treatment, asthma
treatment, physical therapy, treatment for any chronic
health problem, and professional counseling or
psychiatric therapy for diagnosed mental disorders.
Income
(h) "Income" means:
(1) actual income of a
parent, if the parent is employed to full capacity; or
(2) potential income of a
parent, if the parent is voluntarily impoverished.
(i) "Ordinary and necessary
expenses" does not include amounts allowable by the
Internal Revenue Service for the accelerated component
of depreciation expenses or investment tax credits or
any other business expenses determined by the court to
be inappropriate for determining actual
income for purposes of
calculating child support.
Potential
income
(j) "Potential
income" means
income attributed to a
parent determined by the parent's employment potential
and probable earnings level based on, but not limited
to, recent work history, occupational qualifications,
prevailing job opportunities, and earnings levels in the
community.
Shared physical custody
(k)(1) "Shared physical
custody" means that each parent keeps the child or
children overnight for more than 35% of the year and
that both parents contribute to the expenses of the
child or children in addition to the payment of child
support.
(2) Subject to paragraph (1) of this subsection, the
court may base a child support award on shared physical
custody:
(i) solely on the amount of visitation awarded; and
(ii) regardless of whether joint custody has been
granted. |