Legal Question in Family Law in Maryland
Child support for child not living with custodial parent
My fiance is being taken back to court for back child support even though the children lived with him for more time than with their mother over the last 7 years. He never had the custody order or child support shanged. Is he liable for this money even though the children lived with him? The children are now both over 18 does that make a difference?
2 Answers from Attorneys
Re: Child support for child not living with custodial parent
Unfortunately your fiance remains liable for the child support. He should have sought a modification through the court if the circumstances warranted. I'm assuming that he was ordered to pay by the court in the first instance.
As for the age issue, his support obligation terminates at age 18 unless the children are still in high school, in which case it terminates upon their graduation or if they otherwise become "emancipated", such as by gaining employment.
Re: Child support for child not living with custodial parent
Unless a parent has a court ordered child support payment then back payments are not collectible. Hope this helps. Contact me should you require any legal assistance
Joe Holthaus (410) 799-9002.