Lanham, MD asked in Child Custody, Child Support and Family Law for Maryland

Q: Can my soon to be ex wife claim back child support

We separated 8 years ago we came to the agreement that I can see my daughter every other weekend or as much as I asked and I would give her $500 a month I sometimes gave cash , money orders , and recently online payments to her account she is saying she is going to put me on child support and claim I didn’t give her money can she get away with it ? I don’t have all the proof cause I’ve lost some of the money order receipts over the years and I’ve moved but I have always been giving her money what can I do

1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: She can get child support accounting from the date she files a petition for custody and support in court, so at any hearing the judge can award support going back to the date she filed. If there is a written agreement, or she can cobble together enough proof of an agreement, that you were to pay her $500/month, and she can prove that you have not paid that amount, a court could determine that you breached that agreement and go back as far as the statute of limitations allows (3 years) to calculate what months of support you did not pay. If the agreement was only oral, or it is unclear whether you really had an agreement, and the arrangement was you would pay as you had money available, then a judge is unlikely to find there is sufficient proof you have an agreement that is binding and enforceable.

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