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Maryland Child Support Questions & Answers
Q: Can courts in MD consider a spouse's legal expenses to assess ability to pay child support?
In Maryland Family Court, how is it viewed when a former spouse argues they can't pay court-ordered child support but is simultaneously retaining multiple high-priced lawyers? My former spouse has not paid child support for six months, is unemployed by choice, and insists that I cover his... View More 
Mark Oakley
answered on Jul 30, 2025
answered on Jul 30, 2025
If the former spouse is choosing not to work or earn income he is capable of earning, without good reason (like medical disability), then the Court can find that he is “voluntarily impoverishing” himself and may impute an amount of income to him based on what his employment history shows he... View More
2 Answers
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Social Security, Child Support, Civil Litigation, Public Benefits and Family Law
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Maryland
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Q: Social Security payments lost; license suspended—child support issue?
I've been receiving Social Security disability benefits for four years, and child support has been deducted directly from my checks. Despite submitting all the necessary paperwork to the child support agency, they claim there is no record of these payments, resulting in my driver's... View More
Mark Oakley
answered on Apr 25, 2025
answered on Apr 25, 2025
No, they cannot be sued. However, it appears that the OCSE is not getting the money, so the issue probably lies with the SSA. I imagine the DOGE impacts on SSA with all the firing of telephone help, terminating the workers who process and manage the payments system, and freezes and delays on... View More
Q: How can I enforce a 1992 child support order in Maryland after 30 years of unpaid support?
In 1992, a court ordered the father of my two children to pay child support, but I have not received any payments for over 30 years, except for a one-time payment of $300 when he was released from jail to avoid losing his driver's license. He's recently inherited money from his parents.... View More
Mark Oakley
answered on Apr 20, 2025
answered on Apr 20, 2025
Generally speaking, a court order for unpaid child support first needs to be enforced by bringing a motion to enforce the order, which requires the court, based upon the evidence of nonpayment presented, to calculate the total amount of the child support arrearage. That amount is then reduced to a... View More
Q: How to stop child support after child graduates & turns 18 in MD?
I am a divorced father in Maryland and have been paying child support for over 13 years, with shared 50/50 physical custody of my two children. My eldest child is 19 and in college, while my youngest will turn 18 and graduate high school in May 2025. The other parent is aware of my intention to... View More
Mark Oakley
answered on Apr 18, 2025
answered on Apr 18, 2025
Unless there is an earnings withholding order served on your employer that is automatically garnishing your pay to cover your child support obligation which you need to terminate, you simply stop paying as soon as your child turns 18 or graduates high school (whichever is later). No petition to... View More
Q: Can a parent be forced to pay for daycare used by the other parent in a 50/50 custody arrangement?
I have a 50/50 custody agreement with my child's other parent, where we have 3 days on and 3 days off. The child's mother uses daycare for her custodial days because of her work requirements. However, I do not need daycare during my custodial days. There is no provision in our custody... View More
Mark Oakley
answered on Mar 31, 2025
answered on Mar 31, 2025
A court can always modify a child support agreement in accordance with the Maryland Child Support Guidelines, which are mandated by statute and generally cannot be waived by agreement of the parents. So either parent can go to court to modify an agreed child support arrangement using the... View More
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
answered on Mar 6, 2025
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
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
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James L. Arrasmith
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answered on Dec 31, 2023
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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
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
answered on Dec 2, 2023
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
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.
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T. Augustus Claus
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answered on Nov 27, 2023
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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
Q: Seeking child support and ensuring safety from threatening father.
I reside in Maryland and my child’s father resides in DC. He was not present at birth and did not sign the birth certificate. Although he was around at some point, he has been out of contact for approximately 6 months. There are no existing court orders related to custody or child support. I... View More
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James L. Arrasmith
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answered on Oct 3, 2025
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answered on Oct 3, 2025
In Maryland, you can file for child support through your local child support enforcement office even if the father lives in DC. Since he did not sign the birth certificate, the first step would likely involve establishing paternity through either a voluntary acknowledgment or a court-ordered DNA... View More
1 Answer
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Child Support, Immigration Law, Gov & Administrative Law and Family Law
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Maryland
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Q: How can we enforce Moroccan child support order in Maryland and obtain pro bono representation?
I'm seeking advice on enforcing child support from my father, who left my mother and siblings in Morocco and returned to Baltimore, Maryland. My mother obtained a child support court order in Morocco after divorcing him, but he hasn't complied and owes unpaid child support since 2019. She... View More
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James L. Arrasmith
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answered on Aug 20, 2025
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answered on Aug 20, 2025
Yes, you can pursue enforcement of the Moroccan child support order in Maryland. Maryland courts may recognize and enforce foreign child support orders through a process called “registration of a foreign support order.” Once registered, the order can be enforced just like a Maryland order,... View More
Q: Effect of relinquishing parental rights on child support obligations.
I'm in a situation where the non-custodial parent wishes to relinquish their parental rights to our child, primarily because they want to stop paying child support. We currently have an existing child support order, and no legal proceedings have been initiated. Additionally, both parents do... View More
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James L. Arrasmith
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answered on Jul 19, 2025
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answered on Jul 19, 2025
In most cases, a parent cannot voluntarily give up their parental rights just to avoid paying child support. Courts are extremely cautious about allowing termination of parental rights unless there’s a compelling reason—like an adoption by another adult or evidence of serious harm to the child.... View More
Q: Concerns over ex-spouse's lawyer being child's step-parent
In my child support case, my ex-spouse's lawyer is also my child's step-parent. I am concerned that this close relationship may lead to unfair treatment in the case. Although I haven't noticed specific biased actions yet, nor have I raised the issue with the court, I am unsure of any... View More
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James L. Arrasmith
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answered on Apr 16, 2025
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answered on Apr 16, 2025
You have every right to be concerned when the opposing attorney is closely tied to your child’s life, especially as a step-parent. While this relationship alone does not disqualify them from representing your ex-spouse, it does raise potential issues around impartiality, influence, and boundaries... View More
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
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James L. Arrasmith
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answered on Apr 13, 2025
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answered on Apr 13, 2025
When someone signs a birth certificate knowing they’re not the biological parent, they’re still legally presumed to be the parent unless a court says otherwise. Your ex may now want to be removed, but since he acknowledged the child and acted as a parent, the court will look at the best... View More
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
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James L. Arrasmith
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answered on Apr 12, 2025
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answered on Apr 12, 2025
No, a parent cannot simply stop paying child support in Maryland just because they are unemployed or not working a traditional job. A child support order remains legally enforceable until it is modified by the court. If the father is not meeting his child support obligation, even due to... View More
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
answered on Aug 4, 2023
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
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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
answered on Jul 12, 2023
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
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
answered on Jul 2, 2023
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
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
answered on Apr 27, 2023
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... View More
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
answered on Apr 17, 2023
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
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