Columbia, MD asked in Family Law and Child Support for Maryland

Q: My ex is ordered to pay CS. After 15 yrs, my ex decided to start making checks payable to my son, now 15

I do not want to ask my son for the money nor ask him to sign the CS checks over to me. I told my ex that the checks made payable to my son are considered to be gifts to him. I asked for checks to be payable to me. My ex is refusing my requests. I have represented myself for the last 13 years. What do you advise that I do? I live in Ellicott City, MD

Related Topics:
1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: File a motion to enforce the child support order and to determine the amount of the arrearage, and to reduce the amount to a civil judgment. You may, if you want to, join with that motion a motion to hold your son's father in contempt of the court order that directs him to pay child support. The contempt finding would hang the threat of jail over your ex's head if he has the ability to pay some amount toward the arrearage and ongoing support payments, but fails to do so. You'd be surprised how fast money materializes and gets paid after he's put in jail. Otherwise, with the monetary judgment, you can garnish his bank accounts and wages, and if he owns real property, the judgment will act as a lien against it in any county where the judgment is recorded (so, Howard County as of the date of entry, and any other county you file the judgment in afterwards).

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.