Essex, MD asked in Child Support and Divorce for Maryland

Q: I am separated and moving toward the divorce. I make substantially more money than my ex, but she only works part-time.

We have shared custody 50/50, but the monthly child support I pay is significant. Should this be calculated on her earning potential instead of her actual since she chooses to work part time and is using my child support her?

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2 Lawyer Answers

Elizabeth Pugliese

  • Rockville, MD
  • Licensed in Maryland

A: Child support is based on actual income, not speculation of what someone thinks she could be making.

Dawn Renee Gould

  • Frederick, MD
  • Licensed in Maryland

A: If your ex only works part-time but you believe that she can work full-time then you need to prove that to a court and, if the court believes you, then the court should impute full-time wages to her and not part-time wages.

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