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

Q: 14 year old with mom in GA and 18 year old with me in MD, enrolled in college. Should there be a support obligation?

There is no court order for custody, visitation, nor support - never has been. I paid 18 years and 14 1/2 years on my own. We were both military, I'm now retired and she's still active. She makes more money.

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

A: If she has primary custody of the 14 year old, there would still be a legal obligation on your part to pay child support. How much depends both parents’ incomes and an application of the child support guidelines in the state where the child primarily resides. You should obtain a private consultation with a family law attorney to review the situation. Technically, there is no legal support order in effect per your description, but she could file in court as soon as you stop paying. If there’s a written agreement detailing a support obligation on your part, then there is a contractual obligation she can enforce in court. The 18 year old is emancipated and there is no longer a legal obligation of support, absent a contractual agreement otherwise.

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