Legal Question in Family Law in District of Columbia
My dilemma is concerning a child support issue. My boyfriend has 3 children. He has been divorced for 10 years and has been paying child support on the 2 children he has with his ex-wife. Him and the children both reside in Washington, DC. He's never been late and things have been great.
Prior to his son with his ex-wife, he had another child. The young man is now 16 years of age. When paternity was established shortly after he was born, his father wanted joint custody. The mother for whatever reason fled and over the years the young man has very limited contact with his father. No child support payments were ever established. Over the years as his mother has called, his father has provided whatever the mother has asked.
After 16 years, the mother now wants child support. She has asked for 16 years back child support. Upon an initial visit to court, it was explained to us that she will only be entitled to 2 years back child support. The amount of proposed child support for this one child far exceeds the amount he pays for the other 2 who do reside here in DC. The child in question currently and has had for some time resides in the state of Ohio. We were told that because he lives in DC that DC law applies. Is it not true that the amount is based upon where the child lives and the cost of living there?
The question is, what percentage of his gross income is he expected to pay and is it a total or per child? At the amount presented, he will not have enough income to cover basic living expenses. How is child support determined for a city the child does not reside in and is there a process to have it changed? How is it that he will pay more for one out of state than 2 that are in state? Is it not a total amount for all 3 children and the amount determined the amount to the two parents that have primary custody of the children.
1 Answer from Attorneys
There are some facts here that need further explaining before an attorney might be able to help you better understand the child support issue. For instance, on the one hand, you say that "The child in question currently and has had for some time resides in the state of Ohio." In the very next sentence, you say that "We were told that because he lives in DC that DC law applies." Which is it? Where is the child currently? In all likelihood if the mother originally fled DC with the child, and there was a DC custody action for the child at the time, that matter is still open in DC.
Given the amount of money you are talking about, it would be worth your time and money to retain a Maryland family law attorney. Offer to pay him for a couple hours of his time to sit down in person and speak with you and your boyfriend. Bring all your court documents and anything else you think relevant with you to show him. At that point, the attorney will be able to tell you the best course of action and perhaps even help you work out a settlement with the biological mother. It will be the best couple hundred dollars you'll spend.
Best of luck.
This email is not intended to create an attorney-client relationship and is purely for informational purposes.
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