Legal Question in Family Law in Maryland

can you get child support from your ex if you have joint custody and you spend the same amount of time with the children ( In our seperation agreement we have from Monday to Monday with children). I was told that I would not be able to ask for support...he gets a disability check for the children and was told I should be getting some of it to help support them as well.


Asked on 10/21/10, 8:48 am

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

It depends entirely on the specific facts of your situation. The fact that you have joint physical custody of the children with equal time spent would initially lead me to believe that no child support should be owing. Just because you are the woman, doesn't mean you automatically get child support. HOWEVER, if you pay a majority of the costs for the health, welfare, education, etc. of the child, then the Court can consider that and award you child support. Again, it just depends on the specific facts of your situation. Remember, you may not be entitled to child support, but you may be entitled to alimony.

Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 10/26/10, 11:18 am

Maryland has arithmetic child support guidelines, which have been revised effective October 1, 2010. (The first revision in 21 years.) Keeping aside for a moment issues of who pays for health insurance for the children, work-related childcare and extraordinary medical expenses, if you and your ex-husband each have the children for 50% of their overnights, the parent with the higher income pays child support to the other parent. In other words, if your income is higher than his, you would be obligated to pay him child support, and if his income is higher, he would owe you child support.

If he is disabled and receives disability benefits for himself AND the children, the benefits for the children belong to the children, not to their father. That is not to suggest that the children's benefits should be paid to you, however.

One caveat about the alimony comment made by Mr. Cook. If you are alread divorced, and if no alimony was agreed upon or ordered by the court, you CANNOT obtain alimony now. If the court awarded alimony, then, depending on the circumstances, the alimony may be modifiable.

You should consult with competent domestic relations counsel for advice and to run the child support guidelines on your behalf.

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Answered on 10/26/10, 1:56 pm


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