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Maryland Child Support Questions & Answers
1 Answer | Asked in Child Support for Maryland on
Q: I pay child support for twins in MD. Already 18, graduating in June. Do I just stop paying or also need to go to court?

Do I need to go to court or do anything else, other then just stop paying? Also, in case that matters, I have been sending the child support payments, as opposed to it being deducted from my pay...

Mark Oakley
Mark Oakley
answered on May 4, 2021

You just stop paying. No court order is required. Support is due through completion of the requirements for graduation, not the graduation ceremony itself. Therefore, if they have met all requirements (completed school) by the end of May, and are out of school until the graduation ceremony in... View More

1 Answer | Asked in Divorce and Child Support for Maryland on
Q: Are gains through stocks considered income in calculation of alimony?

My ex has not been working for a year. He is currently on disability, even though he would be able to work. He receives a large disability insurance. He also made millions at the stock market. Now he claims that he can not work anymore and if ever, he would only work 50% of the time. He wants to... View More

Mark Oakley
Mark Oakley
answered on Apr 16, 2021

Possibly. Your question requires many more facts to be reviewed and considered, as it raises questions of voluntary impoverishment on the one hand, and availability of assets that might be converted into income-producing assets available to pay child support. In the case of Barton v. Hirshberg,... View More

1 Answer | Asked in Child Support for Maryland on
Q: Can a child support case be open in DC if both parties reside in MD
Mark Oakley
Mark Oakley
answered on Apr 14, 2021

Jurisdiction lies where the child resides

1 Answer | Asked in Child Support for Maryland on
Q: Is my daughters father responsible for all 18 years of child support never paid

I did not know of his whereabouts until roughly 1 year ago. Now that I know where he is I filed a contempt case as he never paid the court ordered child support (court ordered in 2001). Is he responsible for all 18 years? I see conflicting information regarding the statute of limitations.

Mark Oakley
Mark Oakley
answered on Mar 25, 2021

Child support due under a divorce decree (either as ordered by the court or agreed to by the parties as part of an agreement that is incorporated into the judgment of divorce) may be enforced and reduced to a separate monetary judgment up to 12 years following the date the support payment became... View More

1 Answer | Asked in Child Support for Maryland on
Q: My son is 18 and will graduate high school June 6th ending my child support. Do I pay the full month or prorate 6 days?

We have had an agreement since the divorce in 2015 and have paid on time without fail.

Mark Oakley
Mark Oakley
answered on Mar 16, 2021

Child support is paid through the date your child completes the school year curriculum that meets the requirements for graduation. The operative date is not the day that the graduation ceremony is held. Therefore, if the last day of school is in May, but the graduation ceremony is in June, then... View More

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: Please help me calculate how much child support my husband will pay. He makes 125,00 yearly. I have full custody

I don’t work. So child support is based on him along. I love in prince georges county Maryland

Mark Oakley
Mark Oakley
answered on Mar 12, 2021

Assuming he has the child for less than 92 overnight visits per year, and assuming you are not imputed income based on an ability to work but a voluntary choice not to pursue a job, and without adding in the cost of healthcare coverage for your child or other extraordinary child-related expenses,... View More

1 Answer | Asked in Child Support for Maryland on
Q: Will the amount of child support that i recieve change if i moved to a different state?
Mark Oakley
Mark Oakley
answered on Feb 14, 2021

No. The original court that issued the child support order controls, and that state's law controls the amount of child support, at least until the child changes domicile to another state and somebody petitions in that state to take over jurisdiction of the matter. Even in that scenario, the... View More

2 Answers | Asked in Child Custody and Child Support for Maryland on
Q: Mom keeping daughter away from dad, never married, no order for support or visitation set up

My ex hasn't allowed me to see my daughter in over a month now. We don't have a court order custody agreement and haven't lived together in over a year. When I message her asking when i can see my daughter she doesn't respond and recently stated that she (my ex) doesn't... View More

Timothy E. Howie
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Timothy E. Howie
answered on Jan 17, 2021

You can file a lawsuit and ask the court to award you legal custody and physical custody of the child.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: child no longer lives with custodial parent, does my brother still need to pay child support to ex wife?

My brother and his wife had a child support agreement done while his adopted son (her biological son), lived with her full time. (13 year old boy). Since then, she has been passing him around and does NOT want him living with her and her new boyfriend. At the moment, he is living with his aunt, and... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Jan 16, 2021

If the agreement is actually a court order, he needs to file in court to modify the child support. He will have to prove the child is not living with her.

2 Answers | Asked in Tax Law, Family Law, Real Estate Law and Child Support for Maryland on
Q: If a house is sold in a tax auction in Maryland, what happens to the liens on the house?

House was legally auctioned off at tax sale and the plaintiff is in the process of foreclosing the right to redemption. Current owner (defendant) of the house has no mortgage; the deed is in their name alone. This house/owner has a child support lien on it by the State of Maryland for over $30,000... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 5, 2021

Property tax liens tend to have super priority, meaning they stand first in line before most other kinds of liens. This means that in most cases, if proper notice is given, a tax sale foreclosure case wipes out the other liens and transfers the property free and clear of lesser liens.... View More

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2 Answers | Asked in Child Support and Family Law for Maryland on
Q: I have been recently contacted by my possible son who is now 20 years old. Can his mother seek child support?

At one point his mother told me he died at birth and several years later she came around and stated he never passed and wanted to know me. I requested for a DNA and she disappeared this occurred on multiple occasions. Now he has reached out at 20 years old and I want to know can his mother seek... View More

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 31, 2020

No. After the child has emancipated paternity can be established, but the custodial parent cannot seek child support. Good luck.

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2 Answers | Asked in Child Support for Maryland on
Q: My child support is due on the 1st. Since Jan. 1st is a holiday, what day do I pay so Jan is up to date?
Paul Ylvisaker
Paul Ylvisaker
answered on Dec 24, 2020

As a rule its due on 1st business day after a holiday or weekend. For some states, while due on 1st, it is not late until the 1st of the next month. In your case, February 1st.

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2 Answers | Asked in Child Support for Maryland on
Q: My son now lives with me, do I still pay child support?

My son has spent over 80% of his time with me this year, however, I’m still paying child support to his mother. I’d like to remove the child support order and get full custody of him. Is this possible? I plan to speak to an attorney about the details, but thought I’d ask.

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 21, 2020

Based on what you have asked and information offered the answer is a qualified”yes”. Factors that influence the amount of child support you owe are number of biological or adopted minor children in household, medical expenses paid, daycare or childcare costs (if any), the amount of parenting... View More

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1 Answer | Asked in Child Support for Maryland on
Q: If my child has dropped out of high school, am I still responsible for paying child support until she is 19?
Mark Oakley
Mark Oakley
answered on Dec 15, 2020

No. If she has turned 18, but is no longer attending school or other high school curriculum intended to achieve her diploma, then child support obligation ceases.

Md General Code, Section 1-401(b):

An individual who has attained the age of 18 years and who is enrolled in secondary...
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1 Answer | Asked in Child Support for Maryland on
Q: My divorce decree state to pay child support until child is out of college, child graduates in May 2021. Can I just stop

Payments at that time, as outlined in the decree. Or do I have to go back to court.

Mark Oakley
Mark Oakley
answered on Dec 13, 2020

Absent an agreement between the parents, a Maryland court cannot order child support be aid past age 18 or the date of high school graduation if that does not occur until after the child's 18th birthday (but in no event past the age of 19). However, laws in other states allow for child... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: Can I request my parents' divorce records? They nvr told me the truth. I just want a straight answer about happened.

Case was in mid 80s Baltimore County (possibly Bmore City). My mother had 'full custody' (according to her) yet my father all my life bemoaned the fact that 'your mother won't listen to me'. He claimed to be helpless, yet if he gave up custody (and paid support) he got... View More

Mark Oakley
Mark Oakley
answered on Dec 5, 2020

All civil cases are open to the public. You should call the court (family law division) where the divorce was adjudicated and inquire whether they still have the paper file on such an old case. If not, you will need to order it from archives. Once it is at the courthouse, you can go there to review... View More

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: Can my child's father send me money (memo:"child support") through Zelle, when we don't have an agreement yet?

My husband left in August. Since, he left he sends the same amount of money he used to for the mortgage of our house. Therefore, he hasn't really send money for child support. I have realized that when he sends money through Zelle (direct deposit to my account through the phone), it comes with... View More

Mark Oakley
Mark Oakley
answered on Dec 3, 2020

What your husband calls his payment is not determinative. Your husband may be ordered by a divorce court to pay other forms of support in addition to child support, such as alimony, health insurance, and household maintenance and support. You should not be limiting your court action to a request... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Maryland on
Q: Which percentage of the extraordinary medical expenses do I pay since my child support order has recently changed?

I was paying 73% of the extraordinary medical expenses for my kids. On 2 November it was lowered by the court to 54%. My ex sent me a bill on 5 November for September and October medical expenses and said I owed 73% since that was what the percentage was in September and October before it was... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Nov 21, 2020

73%. Look at this way, do you want to be the parent who argues over needed medical treatment for the child and who pays it? If you wind up paying more than you think you "should" focus on the fact your child needed care.

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: My exwife' sincome increased by $43K from the previous year. Do I have a case to have my child support revised?

Our original agreement was to review income every year and adjust but since she has had an increase of $43K from the previous year she does not believe that we should use last years income but a projection of what she will make.

Mark Oakley
Mark Oakley
answered on Nov 16, 2020

Of course you have a basis, as it is stated in the agreement you both negotiated, signed and bound yourselves to follow. Have a lawyer run the guidelines based on the new income figures, send a demand over to adjust the amount, and if there is a court order currently in effect setting forth the... View More

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: Whats the next step?

I filed for a child support modification recently and the other parent just put in the written response to it.

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Oct 8, 2020

Wait for the court to contact you to set up a scheduling conference, which is a conference where you set up dates to get things done. It is advisable that you consult with an attorney to assess whether assistance of counsel is necessary.

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