Legal Question in Family Law in Maryland

Child Support Beyond the Age of Majority in URESA case

My daughter and I live in Maryland. I am not sure

where my daughter's father is but believe he may

be in Delaware or Massachusetts. My daughter

has been 18 years old since last October. I have a

court order which was very simple and in my

current opinion very inadequate. I would like to get

additional money on behalf of my daughter for 1)

excessive medical expenses incurred before she

turned 18; 2) extended support through high

school (she was 19 by the time she graduated) -

as I understand the law in Delaware allows;

and/or 3) extended support to age 23 for my

daughter as long as she is in an education

program as I understand the law is in

Massachusetts. How can I find out where he is?

Under what conditions would another state have

jurisdiction over our case? What would happen if

my daughter and/or I moved to another state with

more favorable support laws? She is now in

school in Maryland and living at home. She will be

19 in October and is tentatively planning to move

to Oregon where the support laws extend to 21 if

she attends school.


Asked on 8/29/01, 5:17 pm

2 Answers from Attorneys

Carolyn Press Chung & Press. P.C.

Re: Child Support Beyond the Age of Majority in URESA case

Assuming you can find your daughter's father without spending more money than you could collect, you might be able to require him to pay for the medical bills. There is no way, under Maryland law, that he could be required to support her past her eighteenth birthday, much less to the age of 23. Moving to another state, a year or more after she turned eighteen, would not help. Jurisdiction would still be in Maryland, although jurisdictin for any change in child support would have terminated when she turned eighteen. I am not familiar with Oregon law, but I suspect that if she moved to Oregon and filed for a continuation of child support she would be unsuccessful, as if would appear that she had made the move just to ge a continuatin of child support. In every state with which I am familiar she would have to be there for sometime, in most cases a year, to establish jurisdiction, and by that time she would be age twenty or more. Oregon is a beautiful state, but if she plans tomove there I hope it is for a reason other than child support.

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Answered on 9/17/01, 9:36 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Child Support Beyond the Age of Majority in URESA case

The medical expenses may be recovered; however, you

need to locate her father to do this. There are several

tools available to locate individuals. An attempt to locate

him must be demonstrated before any judgment against him will issue.

Her moving to another state will avail her of the laws of that state.

Most states have minimum waiting periods before jurisdiction accrues.

After 18, she has no basis for a claim in Maryland (assuming she is able to

care for herself--I infer this from the "education program" indicated as

being self-driven). On the other hand, if she is destitute and her father

is able to contribute to her support, a different analysis applies. There are numerous

factors in force here not to mention the laws of the varied states.

If you would like to acquire an understanding of the laws of the various states, I may

be of assistance. In order to pursue action in those states, you would need to acquire representation

in each state or I could file to represent you pro hac vice. Alternatively, I could assist you

by serving as a liaison with out-of-state attorneys. Moreover, if you would like to locate

her father, I may guide you with this process.

DISCLAIMER: NOTHING IN THIS COMMUNICATION IS INTENDED TO BE LEGAL ADVICE AND SHOULD, UNDER NO

CIRCUMSTANCES, BE RECEIVED AS SUCH OR INFERRED TO CONSTITUTE SUCH. WHEN CONFRONTED WITH A LEGAL

ISSUE, THE BEST ADVICE IS TO OBTAIN THE SERVICE OF AN ATTORNEY. THERE IS NO SUBSTITUTE FOR AN ATTORNEY-CLIENT

RELATIONSHIP AND THE ADVICE AND LEGAL ACTIONS TAKEN IN RESPONSE THERETO.

I am available at (410) 799-9002.

G. Joseph Holthaus Law Offices

Elkridge/Columbia Maryland

Parkville Maryland

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Answered on 9/25/01, 4:45 pm


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