Legal Question in Family Law in Maryland

Child Support Issue

My fiance had a notarized agreement with the mother of his daughter about support amount and pay schedules.This was legal and binding we thought, it was drawn up by a lawyer.Now she has filed for state guideline support after 9 years using this agreement.She makes as much money as he does and has fewer bills.The guidelines state his support payments will double now.He has always kept health ins on the child and paid 1/2 of dental and co pays.He has never been late in any payments.Will a judge still order guideline child support? there are no extroadinary bills for the child. Not to mention he has never had proper visits,the mother won't allow them.He's getting the raw deal and isn't a dead beat dad.The mother figures since I have a healthy income she should be paid more support.What can we do? She is not only a gold digger but verbally abusive to me as well.I have 2 children of my own.Her doing this will cause hardship on all of us.Is there anything that can be done?


Asked on 9/07/02, 2:17 pm

2 Answers from Attorneys
Ana Avenda�o Law Office of Ana Avenda�o

Re: Child Support Issue

Child support is governed by the guidelines. In fact, agreements that provide for support below the guidelines are not enforceable. If the parents' combined monthly income is $10,000 or less, then the amount of support comes right off the chart. If the combined income is more than $10k per month, the judge has discretion to increase the ammount of support to reflect the child's real expenses.

Your finance needs to see a lawyer.

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Answered on 9/07/02, 9:06 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Child Support Issue

Child support is determined in accordance with Maryland's child support guidelines. This being said, they are guidelines which are almost always enforced but there are exceptions. If he has other children then this would be one of those execptions.

The mother not granting visitation has nothing to do with child support. However, he should petition for visitation or custody and the amount of direct care provided to the child(ren) can be offset against the amount of support.

You should contact an attorney.

G. Joseph Holthaus III, Esq.

(410) 799-9002

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Answered on 9/08/02, 10:17 am


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