Legal Question in Family Law in Maryland

Child Support

I have joint custody of three children with my ex husband. Initially we agreed to ''general support.'' He was unemployed at the time of our divorce for a short period. After I remarried this summer, my ex husband sought child support from me because I have a higher salary and he stated, ''it isn't fair now you have two incomes.'' He is currently receiving 174.00 a month based on the children with him for 3 nights a week. It has been since July of 2006 and he has only had the children 2 nights a week. He has decided not to have the children on Thurs. nights, only Sat. and Sun. at this time. I have been keeping a record of this information and based on the change this would have me with full physical custody. I do not want child support from him. I would agree to general support. If he would provide me with support based on his income he would not be able to live in the same home and provide for the children when they are with him. Does this sound like a huge court issue? I am almost certain he will not agree to this on paper because this will take the extra cash from him, but at the same time I am at a financial disadvantage paying him every month. Can you please advise me? I can not afford attorny's fees at this time.


Asked on 11/15/06, 7:42 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Child Support

If the children are with you 5 of 7 nights, you certainly shouldn't be paying support to him; he should be paying it to you if anyone is paying. I suggest you inform him that you will no longer pay support since you are bearing the lion's share of the child care expenses. Your new husband's income is legally not a factor in computing child support.

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Answered on 11/16/06, 12:26 pm


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