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Maryland Child Support Questions & Answers
0 Answers | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Ex wants removal from birth certificate; biological father deceased.

I have a situation where my ex-partner, who willingly signed the birth certificate after acknowledging the child was not biologically his, now wants to be removed from it. The biological father is deceased, and my ex has been involved in the child's life. There are text messages indicating his... View More

0 Answers | Asked in Child Custody, Child Support and Tax Law for Maryland on
Q: Can MD father stop child support due to unemployment?

I live in Maryland. The custodial parent has full parental rights, and the non-custodial parent (father) has court-ordered visitations on Sundays. He’s required to pick up the child for visits, and the custodial parent picks the child up afterward. The father is $17,000 in arrears for child... View More

0 Answers | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Does a year of no contact mean giving up parental rights in Maryland?

I have children with their father who has not contacted me or our children in over a year. There is no custody agreement, he does not pay child support, and they spend no time together. He has stated to "keep your kids" and asked me not to contact him. Is this considered legally giving up... View More

2 Answers | Asked in Divorce, Child Custody, Child Support and Business Law for Maryland on
Q: How to draft a marital settlement agreement in a divorce with 5 children?

I'm currently in the process of a divorce and need to draft a marital settlement agreement. My spouse and I have five children, and we have discussed all the custody and support arrangements, as well as the division of assets and debts. How should I proceed with drafting the agreement to... View More

Mark Oakley
Mark Oakley
answered on Mar 6, 2025

Please hire a lawyer to do this. This is not a do-it-yourself project. You do not know what you do not know, and leaving necessary provisions out, or putting in the wrong provisions or wording, will cost a fortune in future litigation to try and reverse or correct, and potentially without... View More

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0 Answers | Asked in Child Support, Child Custody and Domestic Violence for Maryland on
Q: Can I obtain child support while pregnant in Maryland?

I am currently pregnant and separated from the father, with a full protective order against him until October. I wish to begin the child support process before the child is born. The father has not acknowledged paternity and is trying to avoid contact, having changed his phone number and address.... View More

1 Answer | Asked in Child Custody, Child Support, Public Benefits and Family Law for Maryland on
Q: How to get custody of child that have been in my care for 7yrs no legal paperwork state of Maryland gives me run around
James L. Arrasmith
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answered on Dec 31, 2023

In Maryland, if you have been caring for a child for seven years without legal paperwork, you may consider filing for legal guardianship or custody. This is especially pertinent if you have been the primary caregiver and the biological parents are not involved or unable to care for the child.... View More

1 Answer | Asked in Child Support and Family Law for Maryland on
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.

Mark Oakley
Mark Oakley
answered on Dec 2, 2023

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

1 Answer | Asked in Child Support and Family Law for Maryland on
Q: Can child care portion of payment be paid directly to child care?

Child’s mother only put child in daycare right before hearing to make child support payment higher. Afraid she will take child out of daycare after hearing.

T. Augustus Claus
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answered on Nov 27, 2023

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

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: If the motion to compel documents was granted. Will sanction occur if documents are submitted in a timely matter after?

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?

Jason Ostendorf
Jason Ostendorf
answered on Aug 4, 2023

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

2 Answers | Asked in Arbitration / Mediation Law, Child Custody, Child Support, Divorce and Family Law for Maryland on
Q: What happen if I respond for a mediation meeting without being legally served? does it make me being legally served?

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?

Mark Oakley
Mark Oakley
answered on Jul 12, 2023

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

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1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: Am I within my rights to withhold a month's child support if he'll be with me that entire month?

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

Mark Oakley
Mark Oakley
answered on Jul 2, 2023

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

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: My son's father owes over $12,000 in child support and refuse to pay. He closed all his bank accounts and quit his jobs.

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

Elizabeth Pugliese
Elizabeth Pugliese
answered on Apr 27, 2023

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.

For...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: What legal actions can I take against my children’s father for neglect and abandonment in Maryland?

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

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 17, 2023

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

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: If the mother has full custody and she chose no child support, could she still put me on child support at a later date?

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?

Mark Oakley
Mark Oakley
answered on Apr 5, 2023

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

1 Answer | Asked in Child Support for Maryland on
Q: Is child support violating my constitutional rights by suspended my license?

Will the dear colleague letter help me

Scott Scherr
Scott Scherr
answered on Mar 15, 2023

The right to drive is a privilege and not a right. There is no constitutional right to drive.

1 Answer | Asked in Child Support and Military Law for Maryland on
Q: My ex-wife has sent "Income Withholding for Support" papers to my current employer & Military pension... Why?

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?

James L. Arrasmith
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answered on Mar 15, 2023

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

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: what does Title 4d motion/request genetic testing results mean?
Mark Oakley
Mark Oakley
answered on Feb 28, 2023

Either parent in a custody/child support case can request paternity DNA testing to prove whether the alleged father is in fact the father of the child. This motion and request is how that is done.

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Can my dad win my custody of me even tho he owes some child support money from previous years?

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

Mark Oakley
Mark Oakley
answered on Jan 27, 2023

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 Answer | Asked in Family Law and Child Support for Maryland on
Q: My ex has over 24k I. Arrears( childsupport). How to go about getting a judgement. We both reside in maryland .

Also, how to report child support application fraud?

Mark Oakley
Mark Oakley
answered on Jan 26, 2023

(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

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: what does "Maryland annotated code, courts and judicial proceedings 6-202..." mean in a custody case?
Mark Oakley
Mark Oakley
answered on Jan 16, 2023

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

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