Legal Question in Family Law in Maryland

Re: Adoption and Child Support Arrears

The most efficient way to handle this is at the forthcoming hearing. You can inform the judge that you're willing to enter into a consent order to reduce the arrearage payments to $200 a month. I hope you're collecting this from her employer via an earnings withholding order, because the payout period required to curtail the entire $6000 at 200/mo almost assures that she will eventually default if required to make the payments herself. As to the wording of the order, the judge will handle that.

Re: Adoption and Child Support Arrears

It is unclear whom you are inquiring about. If the case is being handled by the Office of Child Support Enforcement then a consent order may be contested. In any case the standard that applies is the best interest of the child. This standard is what the judge will apply in determining the outcome.

Re: Adoption and Child Support Arrears

Here is an update to my prior response. This case is now Maryland's law and was recently decided.

The case is Harvey v. Marshall, CSA No. 0532, Sept. Term 2003. Opinion by Adkins, J. Filed Sept. 7, 2004. (after your question and my previous response)

The question was whether the circuit court has discretion to set aside child support arrearages under FL �5-1038(b), which gives the court authority to do so when �just and proper�? The Court answered "No."

The court reasoned that FL �12-104 prohibits retroactive modification of a child support award prior to the filing of a motion for modification. As the later and more specific enactment, �12-104 � which was created to prevent courts from wiping out a child support debt � controls.

In this regard the best interests of the child standard (as I previously responded on September 3, 2004) need not be considered.

Law is an evolving process. What was once good law may no longer be so.

An attorney should be consulted to consider the facts of your situation and other judicial opinions.

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