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My husband is currently paying child support for 2 children (same mother, both live in same household), and the oldest turned 18 on the 20th. Do his payments get reduced? Does this happen automatically? Will he have to return to court to get a modification?
answered on Jan 22, 2018
He MUST file a modification. It will only be retroactive to the date of filing, NOT the date the child turns 18.
Also if the child is still in high school, child support continues until graduation.
He should speak to a lawyer to discuss all his options.
and show documentation of what his new income is.He has done neither of these things after many attempts to get it from him. What can be done?
answered on Jan 19, 2018
If this agreement is in writing you can file with the court to enforce the agreement. If the agreement is made part of an order (look for the words "incorporated but not merged" in the order) then you can file for contempt.
If he is not doing what he should willing, the court... View More
I have not seen him since he was 2 years old and he is now 9
answered on Jan 16, 2018
Child support and access are two different things. You can be required to pay child support until age 18 or the child graduates high school whichever is later. If you want to see the child you need to file a separate case for access in the county where the child lives. Not seeing the child is... View More
I see online that it isn't enough to show a change of circumstances...is this true? This information is on "wiki how" and the internet lies. Since getting this other job, there has been no child support paid. I just told the dept of social services I wouldn't agree to a consent... View More
answered on Nov 17, 2017
The child support under the current order remains due and owing until changed by another Order. The other person still has to pay the full amount currently ordered. If they do not, they can be held in contempt. Taking a lower paying job without a good reason, may not result in a lower child... View More
I am currently in court for custody of my 2 year old and CS. The guild lines for CS included daycare but I have no receipts of how much I spend, just my word. Will that hold up in court? A family friend watches my son and I pay her in cash. Also will the father be responsible for the whole cost of... View More
answered on Oct 24, 2017
Start having your daycare provider issue you a receipt. Filled out and signed by the daycare provider not you. Your word is usually not enough. The court knows you spend something, but if you want the amount to be calculated correctly get the proof.
Will I lose my protective order? Can I try to get him a deal for anger management? I'm scared of what he will do if I testify.
answered on Jul 21, 2017
If the protective order was granted, you will not lose it by not testifying in the criminal case. It is understandable you are scared what he will do if you testify. After all, you sought a protective order for a reason. However, the protective order means he has no contact with you. If... View More
What violates a child welfare safety plan?
I have shared physical and joint legal custody of my children, Im also in the process of getting it modified. My child father's girlfriend 8 yr old son, sexually assaulted my 9yr old child, CPS had opened up a case to do an investigation so... View More
answered on Jul 16, 2017
I am not normally a fan of reporting to CPS. However, there is already a plan in place that your ex is aware of. The fact that he is not thinking about the implications of the children spending the night shows he is not demonstrating good judgment. Your first priority is to protect the... View More
My husband and I have not filed for a divorce or legally separated. Basically, I'm not ready to take that step and he just hasn't done it. He lives with another woman and her children and pays nothing for our child except for her health insurance premium through his employer. I was always... View More
answered on May 6, 2017
In Maryland, there is no such thing as a legal separation. You do not need to file anything to prove you are separated. You just need to file for child support.
answered on Apr 3, 2017
In Maryland, you must request a modification of the child support. It will not occur automatically. If you continue to pay after the child turns 18, you will not get a refund.
ive had sole physical and legal custody of my son for 4 years. when i filed for custody i filed for child support too, but because his mom was pregnant and not working at the time, the judge denied the child support and told me to come back once she had the baby. she's had 2 kids since then.... View More
answered on Mar 12, 2017
Depending on the age of her children, income could be imputed to her. That means the court will determine how much she should be earning if she were working, then calculate the child support based on that. You should consult with an attorney help you prove she is capable of working and... View More
Father stopped paying in Oct 2016. Divorced finalized in Nov 2016. We went to pre-hearing in Feb 2017, they gave him a similar amount to what he was giving prior to him stopping in Oct. He provided me with a check after a visit with the kids in March 2017. Not sure if i should cash as we have an... View More
answered on Mar 12, 2017
It will be counted against the back support he owes you. It will reduce the total amount owed, not wipe it out entirely. The amount is due in full, every month. Not just when he feels like giving it to you.
I'm due next week and the father hasn't asked about her, provided anything for her or made any effort to communicate in months. I do not wish to take his visitation rights however he has stated clearly that she is MY child, which I took as he wanted no parts. I'm just looking to do... View More
answered on Mar 11, 2017
As soon as the child is born, you can file for custody. You should also file for child support at the same time. Child support will be ordered regardless of his desire to be a part of the child's life or not. As for custody, some visitation is likely to be ordered, but whether he actually... View More
answered on Mar 7, 2017
It is highly unlikely that you will be reimbursed for any over payment. In Maryland, it is your responsibility to petition the court to terminate child support once the children are over 18. It does not end automatically.
answered on Mar 6, 2017
Child support is based on both parents' incomes, not their expenses. It is figured pre-tax and pre-all other expenses.
My husband is not happy in the marriage and possibly wants out, but he has no grounds for divorce except to separate for 12 months. I think we can work through our problems and don't want to give in. If he does choose to separate, do I have to allow him to see our daughter? I would want them... View More
answered on Mar 6, 2017
The relationship between you and your husband has nothing to do with his relationship with your daughter. Regardless of the reason for the separation, he still has a right to see his child. Whether joint custody is appropriate depends on many factors, but should not be dismissed outright just... View More
After a "limited divorce" we have joint custody where I have my daughter 3 nights per week (she asked for no support-she was working then). She has now filed for Absolute Divorce & is asking for child support. In looking at the forms, the amount I am to pay is based on both of our... View More
answered on Feb 23, 2017
If the child is over the age of 2, the court will generally expect her to be working or looking for work. In that case, if she is physically and mentally able to work but is not, they will impute (guess) what her income should be and use that. You will need the help of an attorney to guide the... View More
He has married and said he is going into the army. We have a custody agreement with him having physical custody and I have visitation. The agreement was put in place when my daughter was 2. She is now 7. A lot has changed in those years. I considered going back for custody but decided he lived in... View More
answered on Feb 14, 2017
Entering the military causes many difficulties in a custody situation. In general, the military will require the father to have a custody plan in place. His wife cannot just step in to take his place. Custody does not work that way. This is not a used car where you hand over the keys and... View More
Their mother leaves for 2-3 days & we have no knowledge of her whereabouts. We, therefore, watch the children. She does not show interest in their education, doesn't know their teachers' names, will not actively discipline the children. She has lost her job, car and does not... View More
answered on Feb 14, 2017
This is not a child support question. This is a custody question. You cannot just put the mother out and keep the children. You must file for custody of the children. Which as you are not a parent of the children is very difficult for third parties to get. You have to show extraordinary... View More
My 9 year old hasn't seen her father since she was 14 months old. We were never married. She doesn't even know he exists. I have no idea where he is. Not even sure what state he is in. He has never paid his child support. The courts couldn't find him to enforce the order. I want to... View More
answered on Feb 2, 2017
You must make efforts to locate the father. You must try to contact family and friends to see if they have a current address for him. Do a google search to see if his name and address comes up. If you do these things and do not find him, then you can request the court serve him by... View More
answered on Jan 28, 2017
You have rights in the value of the home where you live there or not. In Maryland, you must be living separate and apart -- as in not under the same roof -- for most grounds for divorce. Since someone must move out, the person moving out does not generally lose rights in the home.
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