Maryland Child Support Questions & Answers

Q: Can I file a complaint for custody and child support even if I was married at the time of conception and birth?

1 Answer | Asked in Child Custody and Child Support for Maryland on
Answered on Nov 17, 2018
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...

Q: So I’m not understanding is child support determined by how much time the child spends with one parent?

1 Answer | Asked in Child Support and Family Law for Maryland on
Answered on Nov 15, 2018
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...

Q: My daughter is 25 i just started making payments. Should the money continue to go to her mom or my daughter?

1 Answer | Asked in Child Support for Maryland on
Answered on Nov 8, 2018
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.

Q: My ex wife applied for Campership and received a 2000 discount off our bill, she thinks that satisfies her portion 67/33

1 Answer | Asked in Divorce and Child Support for Maryland on
Answered on Oct 23, 2018
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.

Q: If my ex doesn't request to stop support at the 18th b-day, will I be responsible for repaying support received?

1 Answer | Asked in Child Support for Maryland on
Answered on Oct 20, 2018
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.

Q: I want to file for divorce but they told me I need something from child support but I pay my ex myself.

1 Answer | Asked in Child Support and Divorce for Maryland on
Answered on Oct 8, 2018
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.

Q: My sons father Quit his job the day I filed for child support 1month ago .Will he not have to pay? Court is November.

1 Answer | Asked in Child Support for Maryland on
Answered on Oct 7, 2018
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.

Q: Question on if a divorce agreement can be changed 4 years later

1 Answer | Asked in Child Support, Civil Litigation, Divorce and Family Law for Maryland on
Answered on Sep 28, 2018
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.

Q: Ok so my wife had custody of my now 10 year old daughter but my daughter actually has been living with me.

1 Answer | Asked in Child Custody and Child Support for Maryland on
Answered on Sep 28, 2018
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.

Q: I’m ordered to pay child support in Maryland, the mother has moved out of state; where the cost of living is cheaper.

1 Answer | Asked in Child Support for Maryland on
Answered on Sep 7, 2018
Elizabeth Pugliese's answer
Child support is based on parent's incomes not the cost of living. A court will not change solely based on a move to a cheaper place.

Q: I’m having a baby by a man who is fully supported by his mom. Can I sue his mom if she claims him on her taxes?

1 Answer | Asked in Family Law, Tax Law and Child Support for Maryland on
Answered on Aug 11, 2018
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.

Q: Will I still have to pay child support even if I sign all my rights away as father?

1 Answer | Asked in Child Support for Maryland on
Answered on Aug 6, 2018
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.

Q: How is self-employment income calculated in the state of Maryland for child support?

1 Answer | Asked in Child Support for Maryland on
Answered on Aug 6, 2018
Elizabeth Pugliese's answer
Gross wages minus your reasonable and necessary business expenses. It takes a lawyer to help you figure this out.

Q: Hello. I need advice. My dad is in competent of court for non payment of child support.

1 Answer | Asked in Child Support, Criminal Law, Family Law and Civil Rights for Maryland on
Answered on Jul 31, 2018
Elizabeth Pugliese's answer
Stay out of it. It is not your job to resolve this problem. Citizens' arrests aren't really a thing anyway. Let the court system handle this. Let your Mom handle it.

Q: You made payments for a child and find out that the child is not yours thru a blood test. Can you get back the monies.

1 Answer | Asked in Child Support for Maryland on
Answered on Jul 30, 2018
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.

Q: If my child is 16 can I still apply for child support

1 Answer | Asked in Child Support for Maryland on
Answered on Jul 17, 2018
Nyasha A. West's answer
In Maryland, a custodial parent is entitled to receive child support until the child reaches the age of 18.

The process of obtaining a child support order is lengthy and should be embarked upon sooner, rather than, later.

Q: What does 'Blanket Purge" mean.

1 Answer | Asked in Family Law and Child Support for Maryland on
Answered on Jul 14, 2018
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.

Q: How do you pay child support on an order that the mother hasn’t filed with CSE? No case in cse system It’s been 2yrs

1 Answer | Asked in Child Support for Maryland on
Answered on Jul 3, 2018
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.

Q: Maryland, If I file for full primary physical and legal custody for my child, am I able to also file for child support?

1 Answer | Asked in Child Custody and Child Support for Maryland on
Answered on Jun 26, 2018
Jumoke F Oladapo's answer
Yes, you can request for child support in the same complaint that you filed." Complaint for custody and Child Support".

Q: My wife moved her bf into my 4 and 6-year-old children's house. Now she is pregnant. She does not know I know. Leverage?

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Libel & Slander for Maryland on
Answered on Jun 19, 2018
Elizabeth Pugliese's answer
Leverage for what? If you are already separated, she has every right to move on. Unless there is something dangerous about him -- that you can prove -- she can do this.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.