Legal Question in Family Law in Maryland

Child Support

I am currently arrears in child support. There was a court oder for me to pay child support in the amount of $1,600 per month for two children.

This court order in December 2007 was based on my salary from 2004 and is not appropriate for my current situation. There apparently was a hearing in November 2007 where this amount was decided. I was not there and did not know of it until after the court order.

They pre dated the amount to include the previous 6 moths prior to the court order. Thia now makes me owe over $10,000 in Child support and since I am 2 months in arrears, they are going to suspend my drivers license.

I am going to file for a modification of child support as soon as I can figure out the proper procedure.

Will filing for modification of child support place a stay on the suspension of my drivers license until it is heard by the court or would they look at it as two separate issues.

I do not currently have an attorney and would like to know if there is any way I can retain my drivers license while sorting this out with the Child Support Enforcement Office.

I would also like to know if I do get this modification of child support would the arrears of $10,000 be subject to modification as well?


Asked on 3/17/08, 3:32 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Child Support

First of all, you should have been served with the filing that led to the Nov '07 hearing so that you could participate and advocate your interests. If you weren't properly served, you could file a petition to set the Dec order aside and request a new hearing. Second, if your income has substantially decreased from '04 and you aren't capable of earning now what you were earning then, you could petition for modification. Unfortunately, the mere filing won't stay the suspension of your license, but you might be should be able to get a stay if the court order is set aside. Consult with OCSE on this. As for the arrears, in a court hearing you might be able to get the judge to spread out the payments a little further so your monthly payment is lower.

Perhaps with all this on you, you will see the wisdom of retaining an experienced family law attorney to try and straighten out this mess.

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Answered on 3/18/08, 12:25 pm


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