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SB 1038

SB 1038 - Current law requires only public employers to enroll and actively participate in a federal work authorization program, while all other employers are permitted, but not required, to enroll and participate. This act requires all employers to enroll and actively participate in a federal work authorization program. Furthermore, the act includes penalties for failure to enroll and actively participate in a federal work authorization program, as follows: (1) For a first offense, the Attorney General shall direct the applicable municipal or county governing body to suspend any applicable license, permit, or exemptions of any such employer for thirty days and the employer shall be fined $2,000 for each unauthorized alien performing work for the employer; (2) For a second offense, the Attorney General shall direct the applicable municipal or county governing body to suspend any applicable license, permit, or exemptions of any such employer for ninety days and the employer shall be fined $2,000 for each unauthorized alien performing work for the employer; (3) For a third offense, the Attorney General shall direct the applicable municipal or county governing body to suspend any applicable license, permit, or exemptions of any such employer for one year. This act is identical to SB 528 (2025), substantially similar to provisions in SB 1070 (2026), SB 1265 (2026), SB 114 (2025), HB 120 (2025), and SB 1373 (2024), and similar to a provision in HB 1515 (2024), a provision in HCS/HB 2489 (2024), a provision in HB 2844 (2024), and a provision in HCS/HB 188 (2023). SCOTT SVAGERA

2026 Regular Session Introduced by Doug Beck

The bill adds a 75% deduction for each additional child in a parent’s home (not in the order) to reduce child support calculations when the parent supports other children.

Second Read and Referred S General Laws Committee
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Bill Summary · SB 1038

Summary — SB 1038: Family Law — Child Support — Multifamily Adjustment

Status: Enacted (signed by Governor 2025-05-13) — Effective 9/1/2025
Introduced: January 31 / February 10, 2025 (various entries)
Primary subject: Amendments to Maryland child‑support guidelines (Article — Family Law, §§12‑201, 12‑202, 12‑204)

Main purpose

SB 1038 revises how a parent’s income is adjusted for child‑support calculations when that parent is also supporting additional children who live with them but are not subject to the support order (commonly called a “multifamily” or “household” adjustment). The bill prescribes how the allowance is calculated, requires that it be deducted from a paying parent’s income before computing support, and updates factors the court may consider when departing from the statutory guidelines.

Key provisions and changes

  • Revised definition of “adjusted actual income” (§12‑201(c)):
    • Continues to subtract preexisting child‑support obligations and, generally, alimony actually paid.
    • Adds a new deduction: an allowance for each additional child living in a parent’s home (who the parent legally supports and who spends more than 92 overnights in that parent’s home in a year) and is not subject to the support order.
  • Calculation of the allowance (§12‑201(c)(2)):
    • For each additional child in the parent’s home, determine that child’s "basic child support obligation" using §12‑204 and using only the actual income of the parent entitled to the deduction.
    • Multiply the amount so determined by 75% — that result is the allowance amount to be deducted.
    • The court must decline to award the allowance if, after considering the evidence and the best interests of the child for whom support is being determined, the court finds the allowance would be unjust or inappropriate.
  • Procedure and order of operations (§12‑204):
    • If alimony/maintenance is requested, the court decides that issue before computing the child‑support obligation; awarded alimony is treated as actual income for the recipient and subtracted from the payor’s income.
  • Expanded and clarified factors for deviating from guidelines (§12‑202(a)(2)(iii)):
    • Courts may consider specified financial terms in separation/property settlement agreements or court orders (mortgage payments, college expenses, use/possession of family home, direct payments for children).
    • The presence and expenses of other children in a parent’s household may be considered when relevant to the best interests of the child who is the subject of the order.
    • Whether applying guidelines would leave the obligor with monthly actual income below 110% of the 2019 federal poverty level (for an individual) is a factor.
    • If the court departs from the guidelines, it must make written or on‑the‑record findings explaining (a) the guideline amount, (b) how the order differs, (c) how the departure serves the best interests of the child, and (d) estimated value of any nonmonetary items conveyed in lieu of support.

Who is affected

  • Obligor (paying) parents who also support other children in their household — they may receive an allowance that reduces their income used to calculate support.
  • Obligee (receiving) parents and children for whom support is being set — the support award may be reduced where the allowance applies, subject to the court’s best‑interest determination.
  • Family courts — will apply the new deduction rules, computation method (75% multiplier), and new criteria for deviations and findings.

Practical impact and effect

  • Provides a standardized method for recognizing in‑house support of additional children, likely reducing litigation variation and giving clearer credit for additional household obligations.
  • The 92‑overnight threshold and 75% rule create a predictable formula but preserve judicial discretion to deny the allowance if it would harm the child who is the subject of the order.
  • The 110% of 2019 federal poverty level safeguard gives courts an explicit poverty‑based consideration when applying guidelines.
  • Effective date: September 1, 2025.

Notes

  • The bill also retains current practice that alimony awards are addressed before computing child support and are treated as income adjustments.
  • Parties should be prepared to present evidence about overnight counts, household composition, and the financial support provided to other children when seeking or opposing the allowance.

Compiled from official sources — confirm details with the bill’s official record.

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