Legal Question in Family Law in Maryland

Child Support

I've been divorced for 11 years. I have sole custody of our daughter. Her father is behind in his child support payments approx. $4500.00. This amount would be more but he was involved in a fender bender car accident 2 yrs ago. Because of previous back problems and the neck/shoulder injury from the accident he was granted TCA, on welfare and his attorney has stopped the child support from accruing (8/1999). The accident was not his fault and he is supposely awaiting a "large settlement".

Why/How can this continue? How can the state support him and not our daughter? What can I do? Our daughter is 13 yrs old and has a wonderful step-dad who is financially supporting her, can he adopt her? My ex says he will never allow that to happen, why does he have a voice in it?


Asked on 9/11/00, 11:27 am

1 Answer from Attorneys

Carolyn Press Chung & Press. P.C.

Re: Child Support

Your husband cannot adopt your daughter if her father refuses to permit it, unless her father is found by a court to be such a harmful influence in her life that his parental rights are terminated. That is a very extreme action for a court to take, and is only done in cases where the parent is found to be incurably unfit and a real menace to the child's well-being. A failure to pay child support is not a basis for a termination of parental rights. Regarding the accident and child support arrears, if your ex-husband is receiving temporary cash assistance, that is a loan from the state which must be payed back if he ever begins to receive any sort of income. You suggest that the accident was not a major cause of his injuries, in which case he may not receive the big settlement you have heard about. If he does, a part of the settlement will pay his arrearage and trigger a new obligation to pay support. If he does not, he will either continue to exist on extremely meager funds from the tca, or he will apply for and receive Social Security disability benefits, or he will find himself able to go back to work. In either the second or third situation, you will receive child support and payment of the arrears, eventually. You are fortunate that you have that wonderful second husband who is supporting your daughter.

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Answered on 10/12/00, 10:28 am


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