Legal Question in Family Law in Maryland

child support guidelines

My ex took my two children from maryland to california in the middle of custody proceedings. Her attorney constantly refers to the ''Maryland Child Support'' guidelines when insisting upon amount of monies I should pay. He says I should pay in proportion to our incomes 77% me and 23% her. My question are these. 1. What documentation is she required to provide as evidence of daycare cost? and 2. Should these guidelines reflect the cost of transportation I now experience in attempting to see my children prior to custody hearing. All I hear is that the Guidelines are a simple formula but without evidence of true cost (I imagine it should be certified verification) and not appreciating the transportation expense (she moved 3000 miles away) it isn't as simply as it is sometimes presented. Her attorney says that cost are also in proportion to income. I am representing myself and I found that transportation cost by agreement of parties or by court order may be in proportion to income. What do you folks think here?


Asked on 9/21/02, 10:35 am

2 Answers from Attorneys

Carolyn Press Chung & Press. P.C.

Re: child support guidelines

If nobody questions the accuracy of a parent's claims regarding income, day care costs, or any other number relevant to a calculation of child support, the court will accept the unchallenged testimony of the parent. It is up to you to challenge the claim and ask for evidence. As a general rule parents are expected (or required) to produce income tax returns and pay stubs as evidence of income. Because the person claiming day care expenses as an adjustment to the basic child support numbers, that person should be required to produce evidence to support the claim. It could be cancelled checks, receipts, or a printed statement of charges from a da care center, pre-school, etc. I would want more proof than a note from grandma saying that she watches her grandchild and is paid huge sums by her daughter to do so. If you have good evidence of your transportation costs, including air fare and hotels and the difference between restaurant meals in California and the cost of meals, presumable often at home, in Maryland, that should results in a significant adjustment to the child support indicated by the guidelines. There is no formula for calculating the effect on the final numbers of your travel costs, but they should be factored in in some way.

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Answered on 9/21/02, 2:11 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: child support guidelines

Income, costs, and other financial matters are accepted into record and the guidelines are applied unless there is a proper challenge brought against an item under consideration.

The guidelines are simple where there are simple issues. Your issues are not as straight forward. The move to California presents costs and other matters that need to be developed and presented.

You would be best served by hiring an attorney if not just for the purpose of providing you with consultation and advice so that you can better proceed with the case yourself.

G. Joseph Holthaus III

(410) 799-9002

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Answered on 9/23/02, 10:55 am


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