Legal Question in Family Law in Maryland

Child support obligation

I live in Fairfax, VA. My 5 year old daughter lives with her Mother in Montgomery County, MD. I currently pay 37.5% of my net income for my daughter's monthly support (includes my % of her private school, after care daycare and extra medical bills). The Mother makes more than I do and is having no difficulty getting by (two houses, $40,000 German Sportscar, etc.) I am drowning with an inability to pay my bills. Am I wrong in believing that I am paying too much? Is there anything I can do?


Asked on 11/12/02, 1:41 am

2 Answers from Attorneys

Ana Avenda�o Law Office of Ana Avenda�o

Re: Child support obligation

Maryland applies the income-shares model for child support. If you and your ex's combined monthly incomes are below 10,000, then Maryland uses guidelines---and each parent pays their respective share of that. So if your income is 30% of the combined income, you'd pay 30% of the guideline amount.

If your combined income is more that $10,000 per month, then the court has discretion in crafting an award. They can extrapolate from the guidelines, or calculate what the child's actual expenses are and then allocate percentages--or figure out something else that is fair.

I assume that your fomer wife is employed or has her own source of income----if she remarried, her new husband's income does not count toward her income.

You can try to get a modification of the child support award if there has been a substantial change in circumstances---if your income has decreased by around 20% or more through no fault of your own, for example--or if the mother's income has increased substantially.

Another factor will be what from Court the orginal child support order was issued.

You should consult a lawyer to get a full response---because the answer will depend on your own circumstances. I'd be happy to schedule a consultation, either in person or over the phone, for a reasonable fee. My number is (301) 990-9280.

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Answered on 11/12/02, 7:13 am
Wayne Comer Wayne E. Comer, Esquire

Re: Child support obligation

Fairfax is my home County!

It appears that the applicable law would be that of Maryland. However, I have a hunch it is similar to Va. Code of Virginia, 1950, as amended

�� 20-108.2 Contains the statutory scheme or formulae for setting the monthly installments of child support to be paid by the non-custodial parent. Suggest you review this and see if it gives you your answer.

To find this Section on internet search: legislative, code, virginia, USA. This may bring you to the Code main page. Enter a search for �child, support� or better, enter the Section mentioned above, and click �search�.

If an order of support has already been entered, you have to show a material change of circumstances.

At a later time, I may be able to spare the time to comment in more detail.

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Answered on 11/13/02, 3:35 pm


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