Legal Question in Family Law in Maryland

After 16 years of being custodial parent,mom, now she wants child support

I was custodial parent of my child for 16 years. The child's mother has made a living off of welfare and having babies, she never pursued custody. I never asked her for a cent in 16 years. I am a hardworking man, and did my best as a single father, teenage angst has driven my child to his mother's home (his own choice), she is now demanding child support...do I have any rights? Must I pay this money hungry woman who contributed nothing to this childs growth and showed nothing but inconsistency in visits and otherwise? The child has dropped out of school, does not work, shows nothing but contempt and is displaying criminal behavior(stealing cars, money etc..) am I still held responsible for his welfare after 16 years?


Asked on 10/14/02, 11:55 pm

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: After 16 years of being custodial parent,mom, now she wants child support

With respect to child support, you get no "credit" for having

raised your son for 16 years without the support of his "welfare mom".

However, if you were to fight for full custody, the past 16 years of raising your son alone

as well as the mother's dependence on public support will certainly be matters that can be raised in

your behalf. Do not let her get away with convincing your wayward son that her way of life is best.

Fight her in court.

You could wait for her to fight you. My bet is on her going to the Office of Child Support and Enforcement (OCSE), paying her

$25 fee and seeking to have you pay child support. In this case, the State represents her and seeks child support (from you).

Once they get a order of support, if you do not pay you will loose your driving license. But, and here is the catch, if she files for support in OCSE,

you should fight her for custody. If you are awarded custody she cannot collect child support and, in fact, she will have to pay you for child support.

Few of those who file at OCSE ever consider that they will receive a counter claim for custody. OCSE is over burdened with work and this may be to your benefit.

One thing, however, that you should consider is whether his angst can be attributed to the period of time that you raised him. Otherwise, given the brief facts you present, you appear to have

a winning case.

G. Joseph Holthaus III

(410) 799-9002

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Answered on 10/15/02, 8:37 am


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