Maryland Child Support Questions & Answers

Q: Is it considered child support fraud if my son resides with me for the last 2 years and she still receives child support

1 Answer | Asked in Child Custody and Child Support for Maryland on
Answered on Mar 20, 2019
Elizabeth Pugliese's answer
You MUST file to modify the child support. As long as the order is in place, it must be followed. If she will not modify it, you must.

Q: Chance of full custody if sons father hasn’t been a part in over a year and has shown no interest of being a part

1 Answer | Asked in Child Custody and Child Support for Maryland on
Answered on Mar 20, 2019
Dawn Renee Gould's answer
No attorney can guarantee what a court will do. Custody involves many factors and it also depends upon what is testified to at trial by you, him, and witnesses, if there is a trial. Much more information would be needed to assess the probability of you getting court ordered physical and legal custody. You may also try to resolve it through agreement rather than litigation. An attorney can draft a custody agreement and see if he signs it, then file it with the court. But again, too many...

Q: can childsupport be increased if child no longer lives with father, who had joint custody. (kicked child out his house)

1 Answer | Asked in Child Support and Family Law for Maryland on
Answered on Mar 18, 2019
Dawn Renee Gould's answer
Yes. You can file a motion to modify child support but be prepared to prove with evidence that the child is no longer staying the requisite overnights. As a cautionary measure, I would also file a motion to modify custody. The courts may very well not modify child support until the custody is finalized, additionally, you wouldn't an order for custody with joint custody if that's not what's occurring. Child support and custody are always modifiable and you need to prove that a material change...

Q: MD vs VA

1 Answer | Asked in Child Support for Maryland on
Answered on Mar 13, 2019
Dawn Renee Gould's answer
She can register it another state to enforce, but that state will abide by MD law when modifying it. MD law controls.

Q: My husband hasn't forced my daughter to finish school (homeschool) she's 19 and I'm still paying child support.

2 Answers | Asked in Child Support for Maryland on
Answered on Feb 27, 2019
Dawn Renee Gould's answer
Not true. If the child is 18 and still enrolled in school, then yes, but once the child turns 19 your obligation stops. HOWEVER, if you have a court order to pay, it does not stop automatically, you should file a motion to terminate child support based on the fact that she is 19. If you have an agreement between the two of you and NOT a court order, then you pay according to your agreement, you can still file to set aside the agreement though.

Q: My ex- husband has sole and physical custody of my kid in MD. who is responsible for the child medical expenses ?

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Answered on Feb 23, 2019
Dawn Renee Gould's answer
If a Judge didn't sign an Order, then you don't have an Order at all. If you signed an agreement with your ex, then whatever the agreement states, is what you need to abide by unless you file to strike the agreement. If you don't abide by it or even if he doesn't abide it, one or both of you can file contempt for violating the agreement. By law, both parents have a right to access medical and school records. Legal custody means the right to make decisions on the medical care, not the right...

Q: Default hearing for custody

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Answered on Feb 23, 2019
Dawn Renee Gould's answer
Typically, an Order of Default is granted in these types of scenarios but also the other parent may show up for the hearing, even though the other parent didn't file an Answer. Regardless, testimony will be taken a the hearing and the Judge will make a ruling based on the testimony and evidence.

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.

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