Legal Question in Family Law in Maryland
15% discount to father for other children
I have a case in process, I was asked today to settle out of court, on these terms;
1. He will pay support less 15% due to other children from different marriage living with him.
2. He does not have to pay any back support except from the date they received my request to persue support enforcement
I was told this is the law, and there is nothing I can do about it, accept or too bad. Is this true?
Thank You
2 Answers from Attorneys
Re: 15% discount to father for other children
Absolutely not. The Master may provide other guidance for settling your case, but as stated, I do not see any statements of Maryland law as you have been led to beleive. Maryland's child support guidelines are complex. Consult an attorney BEFORE you sign any agreement.
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Re: 15% discount to father for other children
The Maryland Child Support Guidelines, on which all child support awards are based, provide that the income of either parent be reduced by the amount of child support owed to any other children before the calculation of child support in a particular case. So the expense of supporting the other children of the other marriage would reduce the father's child support for your children. I have no idea whether it would amount to a 15% reducation in your children's child support, however. It could be more, and it could be less. It is true that the State of Maryland has no authority to order the payment of back support for a period before a request for child support was filed. Usually custodial parents who do not have a private attorney are represented by an attorney provided by the state in child support matters. If you are represented, or advised, by an attorney working for the state, I would suggest that the settlement he or she approved of is probably based on the child support law. If you have a private attorney, he or she should be able to do the calculations and advise you as to whether the offer is fair.