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Maryland Child Support Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: grandparents filed emergency custody against both parents and now pursuing child support from father but not mother.

mother lives at home with grandparents and kids, but unstable with opiod drug abuse and job history. father has opiod addiction also but completed successful intensive treatment. can courts require mother to support order also?

Lynndolyn Tippins Mitchell
Lynndolyn Tippins Mitchell
answered on Nov 18, 2017

In response to your question, although the court can't order mother to move from her parents home. They can require her to pay child support for the children. The grandparents can't pick and choose who to go after for child support payments. Mother who has unstable job history and... View More

1 Answer | Asked in Child Support for Maryland on
Q: The non-custodial parent has voluntarily taken a lower paying job and is modifying child support. Can the order change?

I see online that it isn't enough to show a change of circumstances...is this true? This information is on "wiki how" and the internet lies. Since getting this other job, there has been no child support paid. I just told the dept of social services I wouldn't agree to a consent... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Nov 17, 2017

The child support under the current order remains due and owing until changed by another Order. The other person still has to pay the full amount currently ordered. If they do not, they can be held in contempt. Taking a lower paying job without a good reason, may not result in a lower child... View More

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: My husband's twins turn 18 this December. Does he have to petition the court to stop cs after that last month.
Jumoke F Oladapo
Jumoke F Oladapo
answered on Nov 15, 2017

If the child support is enforced through the office of child support. your husband can contact that office to modify or stop the child support for the 18 year old child. If the child is still in high school then until 19 years old.

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: Do I need proof of childcare expenses?

I am currently in court for custody of my 2 year old and CS. The guild lines for CS included daycare but I have no receipts of how much I spend, just my word. Will that hold up in court? A family friend watches my son and I pay her in cash. Also will the father be responsible for the whole cost of... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Oct 24, 2017

Start having your daycare provider issue you a receipt. Filled out and signed by the daycare provider not you. Your word is usually not enough. The court knows you spend something, but if you want the amount to be calculated correctly get the proof.

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: Is it possible to terminate a father's rights when he has not made any attempt to see the child for 10 years.

He also makes no attempt to pay court ordered child support and is in constant arrears. He has moved from the state and back several times, married and fathered other children. He also takes jobs under the table to avoid paying support.

Peter N. Munsing
Peter N. Munsing
answered on Aug 31, 2017

It is possible but other than his being bothering you I'm not hearing that he never ever visits the kids etc., and courts are unlikely to terminate parental rights because of arrerages or his marrying , or having fathered other children.If it's really getting to you, you need to get a... View More

1 Answer | Asked in Child Support and Immigration Law for Maryland on
Q: My childrens father was deported however he came back over illegally. If i file for child support will result in him

Being deported again? Will that alert immigration in any way?

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2017

Highly likely. But, if he is not supporting his children, why would you care?

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: deadbeat dad was served with CS papers, he hasn't responded. What will happen now?

As the mother I filed for child support and custody. He was served by the sheriff and has 30 days to respond. Tomorrow will be 30 days, he hasn't responded to the request. Whats the next step?

June Marie Marshall
June Marie Marshall
answered on Aug 2, 2017

If no Answer is filed, you may request an Order of Default against the Defendant. If an Order of Default is granted, a hearing on the merits will be set. The dad can still file to have the Order of Default set aside. You should talk to an attorney about requesting an Order of Default.

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: Can/will the judge dismiss child support if he states that's he's been looking for a job but can't find one?

My exhusband was laid off. He filed a motion to remove child support. He obtained a lawyer and wants to go to trial.

June Marie Marshall
June Marie Marshall
answered on Jun 5, 2017

It is unlikely. Both parents are responsible for taking care of their children. A judge may lower child support temporarily, depending on the father's finances. If he was laid off, he should be getting unemployment though. You should retain a lawyer to assist you to get all of the... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: What happens if my ex loses his job because he lied about his credentials?

In his particular field, there is an ethical obligation to report if he is operating without a license. And what are the implications or legal ramifications from the perspective of child support if the person who notifies the licensing bureau is the former spouse?

June Marie Marshall
June Marie Marshall
answered on May 15, 2017

Reporting that a spouse is operating without a license should not itself affect child support payments. Child support payments are based on the Maryland child support guidelines. On the other hand, there may be an impact on child support payments if the former spouse loses his/her job and has no... View More

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: Order ended Nov '16, paying arrears since. Now ex is filing to extend till child is out of school. Now May, legal?

Shouldn't this be her responsibility, which is passed, to do this before it ended. And what will happen with me paying arrears, by garnishment for this 6 months?

June Marie Marshall
June Marie Marshall
answered on May 15, 2017

Here is what I found: Under Maryland law, child support continues until the minor child reaches the age of 18. It may be extended to age 19 if the child is still enrolled in high school. If there is past-due child support, the agency will continue to enforce payment until the arrears are paid in... View More

1 Answer | Asked in Child Support for Maryland on
Q: Can I get child support from my husband without be legally separated? We have lived apart for 3yrs now.

My husband and I have not filed for a divorce or legally separated. Basically, I'm not ready to take that step and he just hasn't done it. He lives with another woman and her children and pays nothing for our child except for her health insurance premium through his employer. I was always... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on May 6, 2017

In Maryland, there is no such thing as a legal separation. You do not need to file anything to prove you are separated. You just need to file for child support.

1 Answer | Asked in Child Support for Maryland on
Q: I have a child support order for my 2 children. One of them is turning 18 years old this year. Will the amount decrease?
Elizabeth Pugliese
Elizabeth Pugliese
answered on Apr 3, 2017

In Maryland, you must request a modification of the child support. It will not occur automatically. If you continue to pay after the child turns 18, you will not get a refund.

1 Answer | Asked in Child Support for Maryland on
Q: if the non custodial parent isn't working and i filed for child support, how will that process work in court?

ive had sole physical and legal custody of my son for 4 years. when i filed for custody i filed for child support too, but because his mom was pregnant and not working at the time, the judge denied the child support and told me to come back once she had the baby. she's had 2 kids since then.... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Mar 12, 2017

Depending on the age of her children, income could be imputed to her. That means the court will determine how much she should be earning if she were working, then calculate the child support based on that. You should consult with an attorney help you prove she is capable of working and... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Maryland on
Q: Have a CS case and go to court next month. Noncustodial parent gave me a check. If i cash, what are impacts to case?

Father stopped paying in Oct 2016. Divorced finalized in Nov 2016. We went to pre-hearing in Feb 2017, they gave him a similar amount to what he was giving prior to him stopping in Oct. He provided me with a check after a visit with the kids in March 2017. Not sure if i should cash as we have an... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Mar 12, 2017

It will be counted against the back support he owes you. It will reduce the total amount owed, not wipe it out entirely. The amount is due in full, every month. Not just when he feels like giving it to you.

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: My kids are grown for about three years and still getting money out on me. Can I get my money back
Elizabeth Pugliese
Elizabeth Pugliese
answered on Mar 7, 2017

It is highly unlikely that you will be reimbursed for any over payment. In Maryland, it is your responsibility to petition the court to terminate child support once the children are over 18. It does not end automatically.

1 Answer | Asked in Child Support and Family Law for Maryland on
Q: If the custodial parent relocates, and rent goes up, can they require larger CS payment?
Elizabeth Pugliese
Elizabeth Pugliese
answered on Mar 6, 2017

Child support is based on both parents' incomes, not their expenses. It is figured pre-tax and pre-all other expenses.

1 Answer | Asked in Child Support, Divorce and Family Law for Maryland on
Q: If my husband chooses to separate and leave our home, do I have to allow him time with our daughter?

My husband is not happy in the marriage and possibly wants out, but he has no grounds for divorce except to separate for 12 months. I think we can work through our problems and don't want to give in. If he does choose to separate, do I have to allow him to see our daughter? I would want them... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Mar 6, 2017

The relationship between you and your husband has nothing to do with his relationship with your daughter. Regardless of the reason for the separation, he still has a right to see his child. Whether joint custody is appropriate depends on many factors, but should not be dismissed outright just... View More

1 Answer | Asked in Child Support for Maryland on
Q: Estranged wife living with another man & not currently working. Is the child support I pay based on $0 income for her?

After a "limited divorce" we have joint custody where I have my daughter 3 nights per week (she asked for no support-she was working then). She has now filed for Absolute Divorce & is asking for child support. In looking at the forms, the amount I am to pay is based on both of our... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Feb 23, 2017

If the child is over the age of 2, the court will generally expect her to be working or looking for work. In that case, if she is physically and mentally able to work but is not, they will impute (guess) what her income should be and use that. You will need the help of an attorney to guide the... View More

1 Answer | Asked in Child Support for Maryland on
Q: The judge who adjudicated modification of support contradicted herself in the order.

The judge ordered that arrears be calculated from the middle of the month (date when petition was filed), but she calculated the amount from the beginning of the month; therefore, the amount is higher than her own order and the law say it should be. What is my obligation?

Bennett James Wills
Bennett James Wills
answered on Feb 4, 2017

Your obligation is whatever the order states. You could file a motion with the court asking the court to correct the error just to be certain.

1 Answer | Asked in Child Support for Maryland on
Q: Father refused to sign papers to go to court only other option given was for her to drop the child support application?

Child support office only gave my girlfriend 2 options. Both parents sign to take it to court or drop the matter. He refused to sign and she gave in but did not have to sign anything to cancel applying. What actual options does she have. He has admitted to paternity and signed the birth certificate... View More

Bennett James Wills
Bennett James Wills
answered on Jan 24, 2017

Your question is not clear. The office of child support doesn't get involved absent a court order. Your friend needs to file a lawsuit seeking child support. She could get an order of support with or without the father's consent.

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