Legal Question in Family Law in Maryland
Can child support be continued automatically
My husband has a daughter from his first marriage. After their divorce, his ex moved his daughter to another state. The divorce decree states that my husband pays child support until she turns 18. Since their divorce, his daughter has been diagnosed with Autism. Will her diagnosis automatically extend his child support obligation, or will his ex have to petition the court for additional support? We have a child of our own and another child on the way. Since my step-daughter will be 18 in a year, we have chosen not to request a modification of the child support, and plan to just keep paying the full amount for another year, but if we find out that it will be continued automatically because of her disability, we may have to request a revision in the future. Thank you for any advice in advance.
1 Answer from Attorneys
Re: Can child support be continued automatically
Child support will not extend automatically by virtue of her diagnosis. The ex would have to petition the court to extend support based on the child's prognosis and make a case that it should be extended.
The Maryland child support statute now requires child support to continue until the child is 18, or if still enrolled in secondary school, until 19 or graduation, whichever occurs first. The existing statute also does not include a credit provision for subsequent children. There is an amendment to the statute currently before the General Assembly that would provide a modest credit for additional children, but it would not likely become effective if at all until October.
Finally, if he is paying via wage lien, child support generally does automatically terminate. You would likely need to file a motion to terminate when she reaches 18, graduates, or turns 19.
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