Legal Question in Family Law in Maryland
Child Support & Marriage
My fiancee is the non-custodial parent of two young children aged 5 and 6. I am seeking to learn what affect a future marriage would have on his child support payments. By word of mouth I've heard that the concept of community property refers to the idea that our incomes are combined. If this is the case could the mother of his children request a modification in child support taking a portion of my income in addition to his or will the court order continue to be based solely on his income?
1 Answer from Attorneys
Re: Child Support & Marriage
No, the mother of your fiance's child could not get an increase in child support based on your combined incomes. Only the parents' incomes are considered in determining child support, and if the child's mother were to remarry, her new husband, like you, would have no obligation to contribute to the support of the child. If you do marry the child's father, and you and he have a child, that could be a basis for a reduction in his obligation to the first child because of the new obligation to support your child. Community property, which is not part of the law in Maryland, does not have to do with child support but with the division of property at the time of a divorce.
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