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.
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...View More
The court can order that the child care portion of child support be paid directly to the daycare provider. This is called an income withholding order for child care expenses. The income withholding order will direct the non-custodial parent's employer to withhold a portion of their wages and...View More
I’m the defendant. The plaintiff was granted motion to compel documents from me. They also requested sanction, asking that I pay his attorney fees. If I turn the documents in the time the they request (5 days), can I still be sanctioned?
I see you're in Prince George's County. Although I'm a [Baltimore County child custody lawyer](https://www.ostendorflaw.com/practice_areas/maryland-child-custody-lawyer.php), the same principles would apply in your jurisdiction as we are discussing Maryland law generally....View More
I was compelled to meet in a zoom meeting for mediation for child support in CA. But I already initiated a complaint for divorce, child support and custody in Maryland. Do I have to attend it? what is going to happen with the action in Maryland?
You need a lawyer to review the jurisdictional issues. The Uniform Child Custody Jurisdiction and Enforcement Act has been codified in both CA and MD (and every other state, I believe) and there must be a hearing first to determine which state court will hear the case and exercise jurisdiction...View More
He lives in MD, I live in CA. I'm passing for his airfare to come out per the agreement. She's expecting me to travel with him to take him back. I'll need that money for food and other expenses during his visit. The agreement was processed through a Maryland court so I'm sure it... View More
If your child support order does not already include a waiver of child support while your child is with you exclusively for a month or whatever period of time you have him, then no, you cannot unilaterally withhold child support or take it to defray your costs. Only another court order modifying...View More
He started working under the table, moved so I cannot find his address, and has Virginia license tags. He has social media showing that he is working and stated in text messages that he is working his own business under the table. He gets him during the summer, and I get to see him during my... View More
You need to file contempt. Deliberate failure to follow a court order could cause a judge to hold him in contempt. Contempt is to secure future compliance with an order -- so yes, the court can actually make him follow it. Or face severe consequences up to and including jail.
I am currently Homeless I have two small toddlers, and I am currently pregnant. The father of my children refuses to provide any help and does not pick the children up one days he said he supposed to. He does not send financial help, and he is verbally, and sometimes physically abusive to me. What... View More
First, if you are homeless with children the immediate need would seem to be to secure housing for your family. A variety of government and non-government agencies are available to help. The local Department of Social Services may be a good place to start, or you may want to reach out to an...View More
I gave away all my rights so the mother has full sole custody. In the paperwork she chose to not put me on child support at the time. If she ever wanted to could she put me on child support even though I’m not responsible for the child at all?
Yes. Both parents ALWAYS remain legally responsble to support their minor children. That legal obligation cannot be waived and "contracted" away, except through legal adoption (where another person adopts your child and you relinquish your parental rights). Absent a legal adoption, if...View More
I'm current on my child support payments. My ex-wife has sent Income withholdings for support to my current employer and Military pension. Both forms are asking for the same support amount. Will I be double tapped on child support?
It's possible that your ex-wife has sent income withholding orders to both your current employer and your military pension to ensure that she receives the full amount of child support owed to her on a timely basis. This is a common practice to ensure that child support payments are made...View More
He has a debt because he had an injury and stop working, that formed into a debt. My mom is trying everything she can to not let me see him and now has an arrest warrant towards him. Since we live in different states if he were to travel to see me he will get arrested. I don’t want to live with... View More
If you are a minor child, so you are limited in what you can do. Your father's child support arrearage is not a bar to his having primary residential custody. Judges will start to take into consideration the wishes of the minor child at around age 12, and by 15 or 16, the child's...View More
(1) Take your court order for child support to the Office of Child Support Enforcement (OCSE) in the county in Maryland or City of Baltimore where the order was entered, and have them open a case. If the child support order was entered in another state (you list Washngton DC in your question but...View More
That section simply sets forth the appropriate court venue (the county or City of Baltimore) where a suit may be filed for various types of actions. In the case of a custody matter, that Section states, "[T]the following actions may be brought in the indicated county: ... (5) Action relating...View More
Money is an issue and has been from the time he was born, as to why I never had the funds to obtain an attorney to get visitation rights. So, basically it seems as if I’m stuck paying support for a child I can’t even interact with?
The Circuit Court in the jurisdiction in Maryland where your child resides may have a self-help programs for self-represented litigants in domestic/family law cases. Most common legal motions, comlaints and petitions are available as fill-in-the-bank forms for family law cases, including...View More
Me and my son’ father had in our court order that child support was to be paid until he turns 18. In May, he filed for a modification. Why? I don’t know. My son graduated in June and that was the last payment I received. There was a court date in Sept, which we both missed, and the judge... View More
By law, in the absence of an agreement by the parents to the contrary, child support ceases once the child turns 18, or if the child is still enrolled in high school and not yet reached graduation, then through completion of high school --whichever is later (but not past the child's 19th...View More
You do not "file" for legal separation. You either file for divorce (if you meet the statutory grounds), or you and your spouse can sign a marital separation and property settlement agreement that resolves all your marital rights. Alternatively, you can just sign an agreement to...View More
An award of attorney's fees is an available remedy when filing a motion to enforce a support obligation and for contempt of a court order requiring the payment. The decision to award fees, and how much, is in the discretion of the judge.
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