Legal Question in Family Law in Maryland

Change of occupation

I currently make around $32,000 a year at my job and have a child support obligation of $512.00 a month.Since the court order my sons mother has quit her job,pulled my son(2yrsold)out of day care and moved out of the state of MARYLAND. I have been on workers comp. for about a month and a half.(still paying the full support amount)I may not be able to return to my job due to medical reasons.If I have to get another job making $20,000-$25,000 a year,will I still be obligated to pay the full amount of my child support?Would I need to have medical records stating that I am unable to perform my duties?


Asked on 3/02/99, 8:07 am

2 Answers from Attorneys

Lowell Wilson Law Office of Lowell G. Wilson

Re: Change of occupation

You're going to need to get into a bit more detail

and frankly you should really talk to a lawyer

about this.

First, you mentioned that your wife quit her job

but you don't say whether she has taken a new job.

If she has not, then you need to move immediately to

get your child support obligation changed since that obligation

is based on the combined adjusted actual income

of the two parties and then is split between the parties in

proportion to their individual incomes. If she is

no longer working then obviously your combined

actual income has dropped.

If she is still working, then things are a bit more

problematic. The reason is that the Court will only

consider changing the child support obligation if

the change in income will result in a 25% change in the

basic child support obligation. Of course, you are

only worried (as you should be) in how this affects

your portion of the obligation, so I'd give it a

shot.

As for her moving, I would get to court very quickly on

that issue. For convenience you should act before

another court gets a chance to exercise jurisdiction.

All of the above is way too much in the abstract and

I would *strongly* recommend that you seek the

advice of an attorney. If you are in financial

trouble because of your recent employment setbacks,

give me a call and if I can't afford to take the case

on a reduced fee basis, I work with an organization

that might be able to help you out.

Lowell Wilson

Law Office of Lowell G. Wilson

8335 Court Avenue


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Answered on 3/06/99, 3:47 pm
Olivier Long Law Office of Olivier Denier Long

Re: Change of occupation

You need to immediately file a motion to reduce child support, and for review of custody and visitation. Material changed circumstances are your reduced income, mother voluntarily quitting her employment, and mother's move from Maryland.

I am a member of the Maryland bar, and can help you if you need assistance.

Olivier Long

Law Offices of Olivier Denier Long

10500 Sager Avenue, #B


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Answered on 3/04/99, 8:38 am


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