Legal Question in Family Law in Maryland

Child support should have been modified over a year ago.

I had a daughter turn age 18 years over a year ago and child support was supposed to be modified accordingly. I now should be supporting 2 kids, not 3, but my ex-wife won't re-open the case. Once the support IS modified to a lower amount, can I sue the ex-wife for over payment of child support?


Asked on 5/05/04, 1:00 am

3 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: Child support should have been modified over a year ago.

No. You should take the initiative to get the support amount modified if it wasn't automatically adjusted when your daughter turned 18. It may be that you're agreement or court order regarding support didn't contain the correct wording that would have provided for the automatic adjustment. I suggest you retain a MD family attorney to review your papers, advise you and take appropriate action.

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Answered on 5/05/04, 9:37 am
Michael Perez Law Office of Michael A. Perez

Re: Child support should have been modified over a year ago.

You have the right and the obligation to go back to court to request the modification. If your 18 year old is also out of high school, you are entitled to a reduction. Technically you cannot request a refund you should have acted to get the reduction. The reduction will be affective from the day you file a motion to reduce.

I can help you in this regard. i charge $250 per hour to do this type of work. I would need $650 as a retainer. I expect that the reduction would be accomplished in 3 hours total. Call me for a free consultation.

Michael

773 772-8989

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Answered on 5/05/04, 12:50 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Child support should have been modified over a year ago.

The first step is to clarify your situation. Modifications are not retroactively applied beyond the date of your filing. If you are still paying support you should contact an attorney.

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Answered on 5/13/04, 6:56 pm


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