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Maryland Child Support Questions & Answers
1 Answer | Asked in Family Law and Child Support for Maryland on
Q: What do I do if my child support arrears are paid off, but it's not reflected?

My taxes were applied to my child support arrears this year, as was my stimulus check of $2200. After those payments my arrears should have been paid off, but it's not showing up. I spoke with someone and only my state taxes have cleared, even though I filed my taxes at the end of January.... Read more »

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

You should contact the Office of Child Support Enforcement in your County/City as soon as possible. Please keep in mind that things are a bit slow because of COVID so there may be limited staffing.

1 Answer | Asked in Family Law, Child Support, Civil Litigation and Civil Rights for Maryland on
Q: Questions lawyer asked for

questions

Have you parenting classes

Have you completed anger management classes

Are you enrolled in substance class

Are you working how can n you provide for child

What are your daycare plans

Who can help you in case of emergency with child

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 6, 2020

These are discovery questions. They will help the attorney prepare their case. You should not ignore them simply because you do not understand them. If you fail to respond, the other attorney may file sanctions against you and ask the court to prevent you from entering evidence to prove your case... Read more »

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: If a father of a child isn’t on the birth certificate in Maryland does he by law have to pay child support ?

Long story short the mother of the child didn’t know who the father was when she was pregnant and gave birth. She now has my significant other on child support and Denise him his rights to see his son. In a way it looks as if she doesn’t want the father to be part of the child’s life. She... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Jul 31, 2020

Whether or not he is on the birth certificate is irrelevant to his obligation to pay child support. If the child is his, he is legally obligated to support the child. If he would like a relationship with the child, he can file a custody matter where he asks for access. The mother cannot deny... Read more »

1 Answer | Asked in Child Custody and Child Support for Maryland on
Q: Can I have a child support order if Dad does not work?

I filed for child support, but the Dad does not work and there is no custody order in place. Is it even worth it to file? I have heard rumors that I would have to pay Dad as I have a greater income.

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Jul 29, 2020

Yes, it is worth it. The court will impute income onto dad. That means that for calculation purposes, the court will calculate the guidelines as if he has a minimum wage job. Currently that is $11.00 depending on your county of residence. Some counties in MD have a higher minimum wage. So if you... Read more »

1 Answer | Asked in Child Custody and Child Support for Maryland on
Q: If im on child support do i get visition rights for my children?
Elizabeth Pugliese
Elizabeth Pugliese answered on Jul 26, 2020

Two separate things. If you want access and are not getting it, you must file for it. You are entitled to some form access whether or not you are paying child support. On the other hand, paying child support does not guarantee a certain level access.

1 Answer | Asked in Child Support for Maryland on
Q: daughter is 18 and her father denied me paying child support. She is going to college now can he still get me for it now

He denied child support in original custody case 8 years ago. But is now threatening to put me on child support.

Elizabeth Pugliese
Elizabeth Pugliese answered on Jul 25, 2020

In the State of Maryland child support ends when the child turns 18 or graduates high school whichever is later. It does not continue because the child is attending college. Nor can he file for back support in Maryland. Support is only from the date of filing for it, not before that.

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: Arrears were adjusted without my knowledge over $20,000 is that allowed in the state of MD
Diana Valle
Diana Valle answered on Jul 16, 2020

You should have been notified. There should have been a filing with notice served to you. I do not practice in your state so I recommend that you speak to a local attorney.

1 Answer | Asked in Child Support for Maryland on
Q: My stimulus check was took and the cps in wv say they have no proof it was taken..i have proof. And the mother recieved.

The daughter is 19 and I havnt seen her in bout 13 yrs.

Elizabeth Pugliese
Elizabeth Pugliese answered on Jul 9, 2020

If arrears are still owed despite the child being 19, your stimulus check can be seized just like your tax refund.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Maryland on
Q: Meaning of “it is further ordered that the matter of child support be resolved upon the filing of appropriate pleading”

My ex wife and I have a signed Judgment of Absolute Divorce and now she treating to take down for child support and maybe full custody. We have a ordered of joint legal custody now and the original question with other orders in affect. I just want to know if she can file to change anything 2yrs... Read more »

Mark Oakley
Mark Oakley answered on Jul 6, 2020

The visitation schedule, child support, and legal custody can all be modified at any time upon one party filing a motion and supporting the change with evidence of a material change in circumstances from when the last court order was entered. If there was never a determination of the amount of... Read more »

1 Answer | Asked in Child Support for Maryland on
Q: Is it recommended to file taxes separately when husband has child support obligations?

Husband had child outside of our marriage. After that mess, we managed to still be together. Financially, I would not like any of my hard work /financial to be something the birth mother can use to her favor. My husband has 50/50 custody with child support obligations. If any motion is filed and... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Jul 3, 2020

Only your husband's income would count towards the child support obligation. You have no legal obligation to the child so you income cannot be considered for calculating the obligation.* His income is proved in ways other than tax returns. His W-2 shows only his income.

For...
Read more »

1 Answer | Asked in Child Support for Maryland on
Q: Can a baby mother sue the wife/spouse of father for child support?

Husband had an affair while separated that resulted in child. While we managed to work things out, the baby mother has been quite bitter about the whole process. She threatens to sue me for child support. My husband shares 50/50 custody and pays child support. However, he recently lost his job and... Read more »

Mark Oakley
Mark Oakley answered on Jul 2, 2020

No, you have zero legal obligation to pay her child support. However, if your husband owes back child support, and you have joint financial accounts with your husband, you would be advised to remove your husband's name from the joint accounts, because his child's mother could have the... Read more »

1 Answer | Asked in Child Support for Maryland on
Q: Can a mother file for child support just to collect a check? Even if the father takes care of the child?
Mark Oakley
Mark Oakley answered on Jun 4, 2020

Child support is awarded based on the number of overnights the child spends with each parent per year and the amount of combined income of both parents, and each parent's share of that combined income. It also takes into account the cost of health insurance, work-related daycare expenses and... Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for Maryland on
Q: I need to remove my last name from a kid that is not my son biological. It's been 4 years since he was born.

My ex-partner and I, we separated about 4 years due to her cheating on me. As a result of this, she got pregnant by the man who she cheated on me. She never told me about this infidelity until later I found some emails on her phone when she used to communicate with guy. The baby was born, and I... Read more »

Diana Valle
Diana Valle answered on May 25, 2020

You should file a complaint for paternity to establish you are not the father and/or respond the the complaint and deny everything under the defense that you are not the father. The court will order a DNA test and that should take care of the support issue. You might be able to ask the court to... Read more »

1 Answer | Asked in Child Custody and Child Support for Maryland on
Q: Am I required to provide clothing for non custodial parent?

I am the custodial parent and receive child support from their father. He feels that because he pays support that I should buy clothes for the kids to keep at his house. I don't think I should be required to provide their basic necessities for his house. Am I required to provide all clothing... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on May 18, 2020

To keep at his house, no. You should back a bag for the kids and that bag with all its contents should come back from each visit. If he wants clothes kept at his home, he should provide them. Child support is not enough to cover two sets of clothing for the kids plus provide for their other... Read more »

1 Answer | Asked in Child Support for Maryland on
Q: My 2 kids receive child support. It will end for 1 child 2021. Will other minor child receive 1/2 of original payment?

I receive $960/month in child support for both kids. Son will graduate high school 2021. Other child does not graduate until 2023. Will the child who will still receive support automatically receive half of $960 or the full amount of $960 or will the new payment be recalculated based on both... Read more »

Mark Oakley
Mark Oakley answered on May 17, 2020

No, it does not work that way. When there is one lump sum monthly support amount for multiple children, the parent paying the support must file a motion to reduce it once one child becomes emancipated. Until a court rules otherwise, support remains unchanged, although a judge in their discretion... Read more »

2 Answers | Asked in Child Support for Maryland on
Q: Son turns 18 Feb 2021; will still be in H.S. What and when do I file to continue child support payments until graduation

I am the custodial parent.

Elizabeth Pugliese
Elizabeth Pugliese answered on May 17, 2020

You do not need to file to continue the child support. Neither the state nor child support enforcement is keeping track of birthdates.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Can I get legally emancipated if both my parents are dead?

If both my parents die, I’d like to remain independent as I only have two years left till I leave for college. All the potential guardians my parents want are out of country and I don’t want that. Is there a way I could be responsible for myself and remain in the states via emancipation?

Mark Oakley
Mark Oakley answered on May 9, 2020

In theory, at age 15, a child who can prove that they can financially support themselves and manage on their own, can become emancipated. This is most common when there is substantial evidence of abuse or neglect at home, but appointment of a new guardian is the preference. However, an adult... Read more »

2 Answers | Asked in Child Support for Maryland on
Q: My boyfriend has 3 kids Child support is for MD, 2 kids have aged out and not in school, supposed to decrease?

He lives in TN and order is for MD, he has never had arrears until COVID-19 (and might only be one month if that) he got a letter stating they want 60% of his paycheck and all 3 kids are listed. (one is 21 and the other 20) but the payment he was paying for all 3 is still the same for one kid. He... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on May 7, 2020

The payment does not automatically change. No one at the court or child support enforcement is keeping track of children's ages. The only solution is what you were told. You must file to modify it.

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1 Answer | Asked in Child Support for Maryland on
Q: What documents need to be filed to terminate MD support order? I live out of state.

My daughter has been an MD resident all of her life (MD support order). I'm a NY resident. Can i file for termination through NY support processing center or do I have to file a petition with MD courts? If so, do i have to be there and what documents need to be filed?

Mark Oakley
Mark Oakley answered on Apr 30, 2020

You do not state the basis for the termination of child support. Unless stated otherwise, support terminates on the child's 18th birthday or upon completion of high school if they are actively enrolled in high school past their 18th birthday (but not past their 19th birthday). You do not... Read more »

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: I paid all of child support & child is now in late 20s. How long do I need to keep the records proving I paid?
Mark Oakley
Mark Oakley answered on Mar 29, 2020

While generally the statute of limitations is three years to sue for non-payment of a debt, with child support you are dealing with a court judgment or order, and in theory, the payee parent could attempt to enforce the child support award for up to 12 years (although the 12 year limitations really... Read more »

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