Legal Question in Family Law in Maryland
Child Support Modification
I was ordered in July 2002 to pay $600.00 for my second child. I was making $39,000 a year. In September 2003, my wife and I moved to North Carolina. Now I am making $20,000 a year. I have an order for support for my first child, paying $418.21 a month, plus $82.00 a month in arrearage. I had my third child after both of the orders were granted. I have filed for a modification of my child support in my cases. I have always paid my child support in full, but since I moved I have fallen behind. I can not financially afford to pay $1,100 a month for child support when I only bring home $1,600 a month, before taxes. I send what I can to each child weekly, but I can�t maintain a household, pay bills, buy groceries, gas, and support my third child and continue to pay this amount in support a month. I was supposed to go to court yesterday but my ex's lawyer filed for a continuance until March 17th. My question is, what I will need to produce to prove that I didn't move out of state to intentionally lower my child support as my ex wife claims? What legal actions can I take on myself, since I can't afford to obtain legal aide? Are there any websites I can find any helpful information about this matter? Thanks!
1 Answer from Attorneys
Re: Child Support Modification
If you had a legitimate reason for leaving the area and accepting employment for a lower salary, you should be prepared to so testify at the modification hearing. You should also try to explain that you made a good faith effort to find employment within your field of expertise at the best possible salary. Your new dependent is also a factor in your favor. Have you investigated whether your ex has had an increase in income that makes her better able to support this child?