Legal Question in Family Law in Maryland
Child Support
My husband is paying his ex-wife $1100 a month in child support. She keeps asking for more money each month for her expenses. Is he obligated to pay additional money for expenses she incurs for things like birthday parties, gymnastics, furniture, etc. Though we have helped in the past it seems the more we give the more she asks for.
She is also moving to Virginia in a few months, what paperwork needs to be filed?
She is also seeking an increase in child support to $1675, when her alimony ceases in Jan. 2005. In addition to the increase she now wants us to pay for private schooling as well, another $8,000 - $18,000 per child per year. Does the court take into consideration that my husband and I have a child of our own and one on the way? It seems we are working just to pay her more & more.
Thank you for your help!
1 Answer from Attorneys
Re: Child Support
Your husband is not required to pay for extras not covered by the child support order. As for her moving to VA, no paperwork is required. However, if in doing so she is violating a provision of the custody/visitation order restricting her to living within a certain distance from your husband, he may have a basis for going back to court.
As for her requested increase, she will have to demonstrate a significant change in circumstances to justify it. This would include income changes for either your husband or her. Presumably she was awarded temporary alimony to enable her to get back into the job market. If she's failed to do that and wants to use her loss of alimony as a reason, I think your husband has a good defense. Your own family situation is also relevant.
With regard to the school expenses, if she can demonstrate that private schooling at this expense is a necessity compared to less expensive alternatives, the court can consider this.
A lot is at atake, and you would be well advised to retain an experienced family law attorney if she files a motion to modify support.
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