Legal Question in Family Law in Maryland

Re: child support

If you believe your child's father should be paying more than he is, based on his income, you should immediately file for an increase in child support. You can retain a privatae attorney to represent you, or you can file through your local child support office and an assistant state's attorney (or in some jurisdictions an attorney working for the Maryland Attorney General's office) assigned to handle child support cases will represent you at no cost beyond an initial filing fee. There is no way that the court will reduce current support from the level mandated by the child support guidelines to compensate for child support not paid to a grandfather four or more years ago when there was no support order.

Re: child support

I will address your questions as they appear:

He cannot claim back payment of child support where there was not a court order.

FYI: Where there is a court order the law is different:

CHILD SUPPORT ARREARAGES. --Where there was a child support order setting the amount

of the payments due, the statute of limitations did not begin to run as to any payment

until the payment became due, and because the statute of limitations for each payment

is twelve years the arrearages recoverable are those for which the twelve-year statute

of limitations has not run. Miller v. Miller, 70 Md. App. 1, 519 A.2d 1298 (1987).

You do not need to "ask for things". What you should do is get a court order for child custody and support, then

he is required to pay and you buy what is necessary to raise your daughter. If he refuses to pay, his wages can be

garnished and other penalties applied.

The amount of support will be no less than the Maryland Guidelines which are based on each parent's income and

a pre-set formula.

If you do not have a custody order, you also need to obtain this. The fact that your daughter never lived with

your ex-boyfriend is evidence that may assist you if he should fight your action for custody. Custody disputes are

complex and an attorney's assistance is highly advised. Once custody is ordered by the court to your dis-favor, it is much more difficult

and costly to change the order except for limited situtations where abuse or other egregious conduct is involved.

Your daughter is of an age where her testimony would be received in court. However, there may be circumstances where you may not

want to do this.

Your daughter deserves the financial support to thrive and you deserve to not be overly stressed by not addressing legal issues appropriately.

The local Office of Child Support and Enforcement can assist you for much less than a private attorney. However, the local office is understaffed

and overworked and you may not receive the personal attention you desire. Your case does not appear overly complicated and a private attorney may not

cost as much as you think.

G. Joseph Holthaus III

(410) 799-9002

Re: child support

Maryland child support is governed by the Childsupport guidelines. If you have custody now, he does not have a set off for non court ordered past support. Get an attorney, me for example, and go to Court for the support you deserve.

Re: child support

The court is only authorized to award child support from the date a petition requesting it is filed, so it would be in your best interest to take immediate action. Your ex has no right to any "credits" for past support paid since there has never been a court order.

The amount of support is essentially determined on the basis of the income of the parents, using the Maryland child support guidelines. You will need to know how to obtain income documentation from the ex in order to come up with an appropriate amount. For that reason, it would be in your best interest to retain an experienced family law attorney. The law allows the court to make your ex pay your legal fees under certain circumstances.