Legal Question in Family Law in Maryland

Re: Child in Military under age of 18

Clearly your child has emancipated through enlistment within a branch of the Armed Services, as funded by under Uncle Sam. He/She is now the property of the U.S.A. and, as a result, is subject to the care, custody, process, and fulfillment that military law provides.

This is a change of circumstance that you should seek to file for a modification of support, if such an order exists. Child support is intended to ensure that the welfare of the child is satisfied. But, in your case, it appears that you do not have an order for child support, rather it appears that you have stipulations within your decree of divorce. Whether the decree was merged or incorporated is a legal question that cannot be addessed with the facts provided. The specific languange of your separation agreement is at issue.

If you would like a review your matter, please contact me.

G. Joseph Holthaus III

(410) 799-9002

Re: Child in Military under age of 18

Yes--it's a full time occupation and there's no reason why the level of income should be a determining factor.

Re: Child in Military under age of 18

I agree with the previous posting that the answer to your question is probably yes. However, I would add that you might want to consider filing a motion for modification to get a court order stating that you no longer have to pay child support. It probably would not be a bad idea for you to consult with an attorney to determine whether pursuing such a motion would be worth your time and energy based upon the facts of your situation.