Legal Question in Family Law in Maryland
Child support modification
My ex-wife worked out of her home when we divorced, and has recently started a new job outside of the home. She is now grossing over twice as much as she was when she worked from her home. Now that she no longer works from home she has incurred daycare expenses for our 2 children. She wants me to pay for a portion of this expense. I am still making the same amount as I was when we divorced. Is she able to take me back to court for a modification. The divorce was finalized less then 2 years ago.
2 Answers from Attorneys
Re: Child support modification
YOU should take HER back to court for a modification if she is indeed making twice as much as she did at the time of the child support order. If she is making that much more then you could likely have your child support obligation reduced! So in answer to your question, yes, she can take you back for a modification for child care expense, but you could likely seek a reduction of your monthly amount as well.
Re: Child support modification
Yes, the work-related child care expense is a basis for a modification of child support. Depending on the particular facts regarding your income and hers, and the cost of the child care, it is also possible that even with the addition to your child support of a part of her day care costs, your child support might be reduced because of her income increase. If she files for an increase, consult with an attorney to see if you might be entitled to a reduction and, if so, file a counterclaim for the reduction. No one can tell you whether your child support will go up or down without first looking at the numbers.