Legal Question in Family Law in Maryland

Child support for child in foster care

I have two children from a previous marriage. I have raised them with no support collected from the mother.

She owes $23,000.00 (support order). I have remarried and have another child. My daughter from the 1st marriage is in foster care now. The state is asking for support for her.

We can't afford an attorney, and the date is set for 1/16/02. I need to know how to draft a request for a continuance. Also, I need a draft of how to request the master to recuse himself. He is angry at us over visitation in the past cina cases.

We also need to ask for a deviation for the other two children I have.

I need help in wording these motions.

They haven't even attempted to locate the mother. The foster mother has filed for support from the natural mother too. I have been the one supporting them, shouldn't they look to the mother for the majority of support?

Also, the child refuses to come home or have visits.

Social Services refuses to supply us with any info on her. Yet I am suppose to pay.

HELP PLEASE!


Asked on 1/12/02, 1:49 pm

1 Answer from Attorneys

Carolyn Press Chung & Press. P.C.

Re: Child support for child in foster care

It sounds as though you are in need of moe help from an attorney than I can give you in this form. You should immediately try to get help from Legal Aid or any other local source of free or reduced rate legal representation.

I can't draft a request for continuance for you, particularly without knowing the specific reasons for a continuance. But if you are doing this without an attorney, use the same caption that other pleadings in the case begin with (name of the court, names of the parties, case number) followed by a heading Motion for Continuance. You don't need to draft a motion in the language a lawyer would use, but explain in writing the reason for your request for a continuance. If it is denied, be prepared to go to the scheduled hearing with evidence of your income and the sums you spend for the support of your children. The calculation of support for the child in foster care will be based on your income and the need of your other children for support. As for a request that the hearing master recuse himself, it isn't clear what the problem was with visitation in past CINA cases which has made him angry, but judges and masters get angry often, and that probably isn't a reason for a recusal unless he has said or done something that demonstrates bias, which is different from anger. If you believe his anger rises to the level of bias, you can file a motion titled Motion for Recusal and state in writing that you request that the master recuse himself because he has indicated a bias against you in previous court proceedings. But be sure that you have a good basis for the motio before you file it, and be sure that a judge or another master who will hear the case won't be less friendly than the master currently assigned to your case.

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Answered on 1/12/02, 6:28 pm


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