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Maryland Child Support Questions & Answers
1 Answer | Asked in Child Support for Maryland on
Q: How can I ask the judge to make my ex stop discussing child support with our son?

Divorce was final in 2007. I was awarded primary custody and child support. Our son decided to go live with his Dad in 2011 and Dad stopped paying child support. Son was kicked out of Dad's house in early 2020 and I asked the child support administration to collect support until our son... Read more »

Mark Oakley
Mark Oakley answered on Jul 7, 2021

They can't make your ex stop. A judge can order restrictions on visitation and issue orders prohibiting disparaging comments and inappropriate discussions that are deemed harmful to the mental and emotional health of the child, assuming you have a therapist or psychiatrist who is seeing the... Read more »

1 Answer | Asked in Child Support for Maryland on
Q: Can I get arrears in child support since I never filed and father never provided support?

Although, we lived together for 3 years out of the age of our 14year old daughter. The most he’s provided her is $76.00. He still wasn’t providing any support for the child and uses my tax refunds(I never gave him 1/2 of the refund for the child for the 14 years filed), child sex, and my... Read more »

Mark Oakley
Mark Oakley answered on Jul 3, 2021

Go to the Office of Child Support Enforcement in the county or City of Baltimore where you move to, and fill out the petition form for requesting child support. Child support is payable accounting from the date you file the petition for child support, not before, so you cannot claim amounts that... Read more »

2 Answers | Asked in Family Law and Child Support for Maryland on
Q: Looking at going to a Tech school to get certified so I can get a better job, what happens with my child support?
Mark Oakley
Mark Oakley answered on Jun 26, 2021

If there's a court order directing payment of child support, it remains in place until one of the parents files a motion to modify it, based on a change of circumstances. So, unless that happens, and the court makes a modification based on the motion, then nothing changes. If the other... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Can my soon to be ex wife claim back child support

We separated 8 years ago we came to the agreement that I can see my daughter every other weekend or as much as I asked and I would give her $500 a month I sometimes gave cash , money orders , and recently online payments to her account she is saying she is going to put me on child support and claim... Read more »

Mark Oakley
Mark Oakley answered on Jun 10, 2021

She can get child support accounting from the date she files a petition for custody and support in court, so at any hearing the judge can award support going back to the date she filed. If there is a written agreement, or she can cobble together enough proof of an agreement, that you were to pay... Read more »

1 Answer | Asked in Child Support for Maryland on
Q: Maryland child support, can my wife put me on child support even if we are legally married
Mark Oakley
Mark Oakley answered on Jun 10, 2021

If you are living separate and apart, and she has primary residential custody, yes.

1 Answer | Asked in Child Support for Maryland on
Q: my wife is retired navy and disabled. I have full custody of my daughter. Can I get child support

She is taking expensive vacation's and putting it in my face

Mark Oakley
Mark Oakley answered on Jun 2, 2021

Both parents have a legal obligation to support their minor children. The amount of support is based on combined monthly income of both parents, and the amount of gross support determined by the Child Support Guidelines. The parents are expected to pay the share of the gross support in proportion... Read more »

1 Answer | Asked in Child Support and Family Law for Maryland on
Q: Can Maine collect child support when x wife is dead and youngest child is 37 years old

Been paying for over 20 years and she or children have received nothing not only that the children lived with me in Md I have school records. I have been labeled a dead beat dad and driver's license suspended forover25 years

Mark Oakley
Mark Oakley answered on May 31, 2021

The assumption based on the limited facts provided is that there was an order for child support issued in Maine at some point if time, and you did not pay. Eventually arrears accumulated and the amount owed was reduced to a monetary judgment. That judgment has likely been earning interest from... Read more »

1 Answer | Asked in Child Support for Maryland on
Q: Would I have to pay child support of an 18yo HS senior that is spreading their senior year over two years, part-time?

My child is a 17 year-old, just finishing his Junior year at a small independant school.

My wife and son are considering having him attend part-time over the next two years, instead of graduating in one year, and him working part-time during that time.

Would I still be obligated... Read more »

Mark Oakley
Mark Oakley answered on May 27, 2021

Maryland Code, General Provisions, Section 1-401(b), provides:

An individual who has attained the age of 18 years and who is enrolled in secondary school has the right to receive support and maintenance from both of the individual's parents until the first to occur of the following...
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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... Read 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... Read 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,... Read 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... Read 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... Read 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,... Read 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... Read 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... Read more »

Timothy E. Howie
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... Read 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... Read 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.... Read 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... Read 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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