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Maryland Child Support Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Can my dad win my custody of me even tho he owes some child support money from previous years?

He has a debt because he had an injury and stop working, that formed into a debt. My mom is trying everything she can to not let me see him and now has an arrest warrant towards him. Since we live in different states if he were to travel to see me he will get arrested. I don’t want to live with... Read more »

Mark Oakley
Mark Oakley
answered on Jan 27, 2023

If you are a minor child, so you are limited in what you can do. Your father's child support arrearage is not a bar to his having primary residential custody. Judges will start to take into consideration the wishes of the minor child at around age 12, and by 15 or 16, the child's... Read more »

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: My ex has over 24k I. Arrears( childsupport). How to go about getting a judgement. We both reside in maryland .

Also, how to report child support application fraud?

Mark Oakley
Mark Oakley
answered on Jan 26, 2023

(1) Take your court order for child support to the Office of Child Support Enforcement (OCSE) in the county in Maryland or City of Baltimore where the order was entered, and have them open a case. If the child support order was entered in another state (you list Washngton DC in your question but... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: what does "Maryland annotated code, courts and judicial proceedings 6-202..." mean in a custody case?
Mark Oakley
Mark Oakley
answered on Jan 16, 2023

That section simply sets forth the appropriate court venue (the county or City of Baltimore) where a suit may be filed for various types of actions. In the case of a custody matter, that Section states, "[T]the following actions may be brought in the indicated county: ... (5) Action relating... Read more »

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: Thank you for your time and response. It’s greatly appreciated. I’ve always wanted to be in my sons life, but

Money is an issue and has been from the time he was born, as to why I never had the funds to obtain an attorney to get visitation rights. So, basically it seems as if I’m stuck paying support for a child I can’t even interact with?

Mark Oakley
Mark Oakley
answered on Dec 29, 2022

The Circuit Court in the jurisdiction in Maryland where your child resides may have a self-help programs for self-represented litigants in domestic/family law cases. Most common legal motions, comlaints and petitions are available as fill-in-the-bank forms for family law cases, including... Read more »

1 Answer | Asked in Child Support for Maryland on
Q: Can I transfer child support from one state to another if the other parent is behind in payments?

moving from DC to PG county in MD. He is over 40,000 behind in payments. He lives in Oregon

Mark Oakley
Mark Oakley
answered on Dec 20, 2022

Yes

1 Answer | Asked in Child Support and Family Law for Maryland on
Q: Is my son’s father is still suppose to be paying child support or not? Im confused by the court order.

Me and my son’ father had in our court order that child support was to be paid until he turns 18. In May, he filed for a modification. Why? I don’t know. My son graduated in June and that was the last payment I received. There was a court date in Sept, which we both missed, and the judge... Read more »

Mark Oakley
Mark Oakley
answered on Dec 2, 2022

By law, in the absence of an agreement by the parents to the contrary, child support ceases once the child turns 18, or if the child is still enrolled in high school and not yet reached graduation, then through completion of high school --whichever is later (but not past the child's 19th... Read more »

1 Answer | Asked in Divorce and Child Support for Maryland on
Q: Looking for guidance on how to seek counsel and file for a legal separation vs. Divorce in Baltimore, County Maryland
Mark Oakley
Mark Oakley
answered on Oct 20, 2022

You do not "file" for legal separation. You either file for divorce (if you meet the statutory grounds), or you and your spouse can sign a marital separation and property settlement agreement that resolves all your marital rights. Alternatively, you can just sign an agreement to... Read more »

1 Answer | Asked in Child Support for Maryland on
Q: for a children custody case when the one parent fails to pay for what he agreed to, does he pay my lawyer fees?

what is the law for breach of contract for family matter when it comes to his children's obligations?

Mark Oakley
Mark Oakley
answered on Sep 28, 2022

An award of attorney's fees is an available remedy when filing a motion to enforce a support obligation and for contempt of a court order requiring the payment. The decision to award fees, and how much, is in the discretion of the judge.

1 Answer | Asked in Child Support and Family Law for Maryland on
Q: My ex has sole custody of our daughter. I am on SSDI. The child support administration ordered me to pay 120.00 a month

Adding in 30.00 extra dollars for arrears. They also ordered me to contact Social Security to add her for auxiliary benefits. Between the 150 a month and half of my benefits comes to a total of 700.00 a month. At the hearing for child support, no financial statements were asked from either of us.... Read more »

Mark Oakley
Mark Oakley
answered on Aug 18, 2022

You need a lawyer to review the situation. It is not possible to answer your question with a better picture of the financials. If you cannot afford a lawyer, contact Maryland Legal Aid, website here:

https://www.mdlab.org/contact-us/

They have an office serving the lower Eastern...
Read more »

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: I have a child support order (never married to my child's mother) and am currently in arrears for court ordered

expenses apparently incurred 11 years ago. Is the statute of limitations to reduce the arrears to a judgment 12 years or is it 3 years like a contempt action?

Mark Oakley
Mark Oakley
answered on Jul 2, 2022

12 years for a court order/judgment.

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: I recently discovered I have a son. I would like to establish a relationship and be on the birth certificate.

I recently discovered through a DNA test that I have a son. His mother was married at the time to a real jerk of a man but was afraid to get a divorce. She told me she got an abortion and we broke things off. I lived the last 14 years not knowing she went ahead with the birth. My son was born in... Read more »

Mark Oakley
Mark Oakley
answered on Jul 2, 2022

You can file a petition to establish paternity. You say you're doing this for your son, but are you are really doing this for yourself? Your son has no idea that you exist or that the man he knows as his father is not his biological father. Have you considered the potential harm and... Read more »

1 Answer | Asked in Child Custody and Child Support for Maryland on
Q: My ex took away my son from me years ago. We never had an agreement set up on child support. Now she is finally giving

Me visitation so I have agreed to start paying again. If she takes away my visitation and doesn’t let me have him a couple days week and I take her to court, can she get me for back child support?

Mark Oakley
Mark Oakley
answered on Jun 15, 2022

The court can only order back child support dating back to (1) the date a petition for child support was filed in the court; or (2) in the case of an existing child support order entered in the past, back to the date child support was not paid during any eriod that the existing child support order... Read more »

1 Answer | Asked in Traffic Tickets, Child Support and Election Law for Maryland on
Q: i received a ticket for driving passed a stopped school bus allegedly. I tried to request a court date but i was told

I was told that i waiting to look and can no longer receive a court date. But it say no where on the ticket the due date of requesting a court date.

Can i still get a court date to fight this ?

Is it true that a date should be on the ticket of how long i have to request a court date ?

Mark Oakley
Mark Oakley
answered on Mar 4, 2022

The Maryland Uniform Citation form has an inset box on the lower right portion of the ticket that contains instructions on how to pay, plead to the ticket, and how to request a tial date, and it states the timeframe (30 days) you have to do it in. It is in small print, so perhapse yu overlooked... Read more »

1 Answer | Asked in Child Custody and Child Support for Maryland on
Q: Do I need a lawyer now that my child’s father is suing for sole legal and physical custody?

We have a currently child support case open this custody case opened after.

Mark Oakley
Mark Oakley
answered on Dec 24, 2021

Considering the consequences if you lose and he is awarded sole custody, I think you may wish to consider hiring a lawyer to insure that does not happen. Waiting until after you lose at trial is too late.

1 Answer | Asked in Child Support for Maryland on
Q: Child Support Question: Ex-husband owes about 63,000 in back support. Makes small payments. Do I have any options ?

Located in Maryland.

Ex-husband owes about 63,000 in back support. Last payment recieved was end of October. It's now December, no payment has been recieved. He is in Germany hiding. He has no contact with myself or his children (his Choice)

What should I do? Do I just recieve... Read more »

Mark Oakley
Mark Oakley
answered on Dec 7, 2021

To the extent the arrearages have been reduced to a monetary judgment, which is not automatic and requires a motion and request to do so, that judgment may then be collected like any other judgment. What does that mean? If you can locate assets, like bank accounts or real property owned by him,... Read more »

1 Answer | Asked in Family Law, Divorce, Child Custody and Child Support for Maryland on
Q: Where can I get a lawyer for a low income family?
Scott Scherr
Scott Scherr
answered on Dec 1, 2021

Contact Maryland Volunteer Lawyers Services, Legal Aid, or your local bar association.

1 Answer | Asked in Child Support for Maryland on
Q: Court coming up and I’ve been struggling to pay my child support over the years from losing job or can’t hold on to it.

Court contempt. I have struggle with hdhd and stuff going up and I don’t know what to do in this pandemic. What should I do?

Mark Oakley
Mark Oakley
answered on Nov 5, 2021

There is a financial statement form you can either download from the circuit court website from the family law forms, or pick up from the courthouse. There is a short and a long form version. I suggest the long form if you can manage it. Download the instructions for how to fill it out as well... Read more »

1 Answer | Asked in Child Support for Maryland on
Q: I'm paying child support but i can barely afford my rent what can I do legally i owe as well I'm drowning in debt
Mark Oakley
Mark Oakley
answered on Nov 5, 2021

If your income has gone down since child support was last calculated, and/or if the custodial parent's income has increased, then you may qualify for a modification of child support. If you cannot afford a lawyer, there is a self-help desk in the family law division of the circuit court with... Read more »

1 Answer | Asked in Child Support for Maryland on
Q: My child is 18 in high school living on their own, do I still have to pay child support to custodial parent?

How do I get child support changed to go to child personally while they are living on their own?

Mark Oakley
Mark Oakley
answered on Oct 22, 2021

You would have to file a motion to modify child support in order to change an existing child support order, so until you do that and the court issues a different order, you owe the money. The court has the discretion to modify child support back to the date you file your motion to modify. The... Read more »

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 »

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