Legal Question in Family Law in Maryland

child support when other children are involved.

I am getting divorced from my current wife of 3 years. We have 2 children together. I also have 2 children from a past marriage. In my seperation agreement with my first wife I am required to pay 900 dollars a month. Because my first wife and I have a good and trusting relationship she only requires that I pay her 300 dollars a month, but I provide for my kids in other undocumented ways. I plan on fighting for joint physical custody of my kids and plan to provide for them as I have for my first 2 kids. My current wife just wants money and is aware that I am giving my first wife only 300 dollars a month support. My question is-- On paper it appears that I only pay 300 dollars a month, but in reality it's much more. My first ex wife will testify to this fact. Is this enough to prove to the court that I am paying more than the 300 dollars monthly without receipts? How would you suggest I prove that I do contribute a greater amount of child support to my first 2 kids without receipts???


Asked on 11/27/01, 4:08 am

2 Answers from Attorneys

Re: child support when other children are involved.

In most cases the Court is going to require receipts or other documentation to prove prior ordered child support. Consulting with an attorney now can go a long way in preparing for the Court hearing.

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Answered on 11/27/01, 4:48 am
Lisa Lane McDevitt McDevitt Law Office

Re: child support when other children are involved.

I know you trust your first wife but please be VERY, VERY CAREFUL! Even though she is agreeing to accept a lower amount she can later sue you for the entire arrearages (the difference between the amount you are legally obligated to pay via that agreement and the amount she actually received from you). Did you have that agreement incorporated into the Final Decree of Divorce? If so that means your child support agreement is now a court order and she CANNOT agree to accept less. That means that if she wanted to later she could go after you for the arrearages. Also, if she were to ever seek social services the Dept. of Child Support Enforcement could go after you for the arrearages even if your first wife doesn't want them to! Okay that being said I will get to your question.

If the previous agreement has been turned into a court order that is all you need to show the judge when the court calculates the guidelines for the children you had with your 2nd wife. Just in case, however, do keep copies of receipts for the other things you by the kids and you should have your 1st wife prepared to testify that you do provide other support to the kids.

I hope this helps. Again, be careful about paying less. I would have your ex-wife sign an agreement stating that she agrees to accept less. That should help somewhat, but it isn't completely safe.

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Answered on 11/27/01, 3:23 pm


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