Yonkers, NY asked in Child Support for Maryland

Q: Can I get arrears in child support since I never filed and father never provided support?

Although, we lived together for 3 years out of the age of our 14year old daughter. The most he’s provided her is $76.00. He still wasn’t providing any support for the child and uses my tax refunds(I never gave him 1/2 of the refund for the child for the 14 years filed), child sex, and my income, the stimulus received, as basis for him not to pay support. But he have never provided any support whatsoever. Also, from what I witness, he will purposefully not find employment and work off the books in order for him to not pay support. How can I avoid this? Although, he doesn’t support his daughter he will provide support for his grandchild, and when confronted he states, I don’t need the money. I’ve given him enough time to support his daughter but he choose not to. He’s received the stimulus checks(spent lavishly) and gave her nothing. I’ve been doing it alone this long and I am tired of talking and niceties. I will be moving to MD in July. How do I file for arrears and child support? Thx

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

A: Go to the Office of Child Support Enforcement in the county or City of Baltimore where you move to, and fill out the petition form for requesting child support. Child support is payable accounting from the date you file the petition for child support, not before, so you cannot claim amounts that might have been ordered had you filed for support years ago. Arrears only apply to child support that is ordered by a court in a court order but which has not been paid. A court can only order past due arrears if (1) there is a prior order already in place; or (2) back to the date you filed the petition for the new order. A parent's child support obligation terminates the later of when the child turns 18 or completes high school (if they turned 18 while still in high school but before the end of 12th grade, the support is due through the last month of high school). The cost of the child's health care, plus work related daycare expenses, are also included in a support order. If he is able to work but is not working, or works under the table and refuses to provide adequate proof of his income, the court can "impute" a reasonable amount of income he should be earning and base the child support award on that figure. Once ordered, he must pay or face contempt of court. His tax refunds can also be seized to cover unpaid support obligations. If he has an employer, the employer can be served with a wage withholding order to automatically deduct the child support from his pay and send it to you.

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