Mark Oakley's answer You can always file to establish paternity, custody and child support against the biological father. It is possible to just file for child support by going to the Office of Child Support Enforcement in your county (or City of Baltimore), but you will need to have the name and current address of the father. That office can then transmit the case to the jurisdiction where the father lives to open a case there. These cross-state child support matters often involve the father being summonsed to...
Mark Oakley's answer Without an agreement, the courts calculate the child support amount according to a guidelines chart, based upon the combined gross monthly income of both parents. That gross income number determined the amount of money it takes per month for parents at that income level to raise the child(ren) (the more children, the greater the number). Then each parent is assigned their proportionate share of that number. The parent having primary physical custody does not pay their share to anyone, as...
Mark Oakley's answer The mother was the parent supporting your daughter all those years that your arrearage was accruing. That money belongs to her, not your daughter, to repay some part of the costs she incurred to make up for your failure to pay. She is the one out of pocket all those years, not your daughter.
Elizabeth Pugliese's answer What you must split is the cost that is actually paid by the parents. In other words, the remainder due is split between you both 67/33. While she should be applauded for her initiative in getting the reduced cost, there is still a remainder to be paid. That is both parents' responsibility.
Mark Oakley's answer If he’s not legally obligated to pay you past the 18th birthday, and does not do so as an intentional gift to you, then he can sue you to recover amounts mistakenly paid to you. I suggest you put that extra money in a savings account and simply hold it. He can sue you for up to three years after each mistaken payment is made to recover it. After three years the statute of limitations bars recovery.
Elizabeth Pugliese's answer You need to attach what is called Child Support Guidelines that show the amount that Maryland thinks you should be paying. If you are paying less than that, you must provide a good reason (other than this is what we agreed) why you are paying less. If you are paying more than the guidelines amount, no need for an explanation.
Elizabeth Pugliese's answer If he is physically and mentally capable of working the court will impute income to him for purposes of child support. He will owe it whether he is working or not. If he does not pay, his driver's license will be suspended.
Elizabeth Pugliese's answer Unfortunately no. Once a divorce is final, you cannot go back and ask for alimony or any property division. Only custody and child support are modifiable.
If everyone has been following the agreement for four years and receiving the benefits of it, the court is not going to throw it out -- short of proving fraud at the time of creation. Not being in the right emotional state is not fraud.
Elizabeth Pugliese's answer If there is a court order in effect, you must continue to follow the Order. However, if your daughter is actually living with you, you need to go to court and get that order modified so that you can stop paying child support.
Elizabeth Pugliese's answer All of the support provided to him by his mother can be considered income. Also if he is physically capable of working but does not, the court can impute income to him. You will need an attorney to help you pursue him for child support.
Elizabeth Pugliese's answer The law in Maryland is that BOTH parents are financially responsible for the support of the children. You will not be allowed to sign away your rights because it is also the law that children have two parents. If you choose not to see the child, that is your decision. But you will still be expected to pay child support.
Elizabeth Pugliese's answer Highly unlikely. It was for the support of the child. Also, if you signed an affidavit of parentage, the genetic testing doesn't matter. The Affidavit established you as the legal parent of the child.
Elizabeth Pugliese's answer For civil contempt, the person must be able to purge (fix ) the contempt. If they pay the $1000, no contempt and no jail. Although with a bench warrant they probably have to explain something to the judge first.
Elizabeth Pugliese's answer You still have to pay the child support. If the Plaintiff did not set it up, you should have. Simply not being in the system is not an excuse. You need to fix this immediately to protect yourself.
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