Legal Question in Family Law in Maryland

child support paid after child turned 18

My ex-wife and daughter reside in Maryland. I reside in Massachusetts. There is a court order for child support but no mention of what age it ends. It is taken by wage assignment. I am having a problem getting my employer to stop taking the money out of my check. Will a copy of my court order suffice? It states,''...subject to the cond...in MD code Ann. Fam. Law art. section 10-120, et seq...'' Is it necessary to take a trip to Maryland to obtain a vacate order? Can it be obtained easily in one day? Will my exwife need to attend also? Thank you very much for your time and response.


Asked on 3/06/07, 9:17 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: child support paid after child turned 18

If your child is now 18 and has already finished high school, by law you're no longer required to support her. If she's finishing high school this year, support continues until she graduates or turns 19, whichever comes first.

Assuming you are current in your obligation, you can file a motion to terminate withholding of child support from your wages. If your ex agrees that you're no longer obligated, ask her to consent, and file it as a "consent motion". This will expedite the process. If she won't consent, the court will give her time to respond and then possibly schedule a hearing. An attorney could handle this for you without your necessarily having to personally appear if there is sufficient documentation of the status of your payments. Your ex doesn't need to appear if she doesn't want to.

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Answered on 3/06/07, 9:51 am


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