Bristol, TN asked in Child Support for Maryland

Q: My boyfriend has 3 kids Child support is for MD, 2 kids have aged out and not in school, supposed to decrease?

He lives in TN and order is for MD, he has never had arrears until COVID-19 (and might only be one month if that) he got a letter stating they want 60% of his paycheck and all 3 kids are listed. (one is 21 and the other 20) but the payment he was paying for all 3 is still the same for one kid. He tried to ask for modification and was told he would have to goto child support office for TN which is about 3 hours away to file papers or drive back and forth to MD(6 hour trip one way, plus would need hotel etc) in order to just try. what can we do?

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2 Lawyer Answers
Elizabeth Pugliese
Elizabeth Pugliese
Answered
  • Rockville, MD
  • Licensed in Maryland

A: The payment does not automatically change. No one at the court or child support enforcement is keeping track of children's ages. The only solution is what you were told. You must file to modify it.

Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: He can pay a lawyer to prepare the motion for modification and file it for him (he'll still have to sign it). Child support can be modified retroactively to the date the motion for modification is filed, but not before that date. Therefore, if he wants relief, the sooner he files the better. You did not say how young the youngest child was, but he was eligible to file for modification each time an older child turned 18 (or graduated from high school if not yet finished).

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