Legal Question in Family Law in Maryland
Adjustment for Arrearages
I have a pending hearing with my ex-husband for contempt of court. His current arrearages are in the amount of $7,000 he filed a motion for modification but did not do this until recently (two months ago), in the motion he reveals he has not worked since October of 2006. He never contacted the court until I asked for him to be in contempt and filed pro se. His lawyer asked for a Stay which was denied until paternity testing. My questions is will the judge waive any of the arrearages amount due to him not being employed since September? We did the DNA test yesterday and he admited in the office that he knows our son is his but was trying to stall the court?
2 Answers from Attorneys
Re: Adjustment for Arrearages
Without more info, the general answer is No. The court will generally not waive the support owed as it is owed to the child.
Re: Adjustment for Arrearages
The court cannot retroactively modify the amount of child support that your ex has to pay. It can only be adjusted as of the date he filed his modification motion. Also, if you can demonstrate that there is no good reason why he shouldn't be working, the court will consider him to be voluntarily impoverished, and he won't be entitled to a reduction on that basis. You should ask the judge to enter a judgment against him for the arrearages. Of course, then you will have to find assets to collect from. If he gets a job, you can ask for an earnings withholding order, which would require the employer to deduct the amount of child support and send it directly to you. If he is held in contempt and doesn't cure it, he could even be arrested and required to post bond.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
