Legal Question in Family Law in Maryland

child support

can a person file criminal charges against a spouse for child support even though they havn't been to court yet.My son has been giving her money every week ,but she wants more she said her laywer said she can do this if he doesn,t comply


Asked on 5/09/99, 8:22 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: child support

If your son has not been ordered by a court to make child support payments yet, there is no basis for the filing of criminal charges. Your daughter in law is probably misinterpreting what her attorney is telling her. The attorney probably told her that they could go to family court with a petition requiring your son to make support payments. If she does this, your son will be served with court papers and will have an opportunity to respond before any court orders are entered.

The amount that a parent is required to pay in child support is determined from preset guidelines that are based upon the income of the parents. If your son is served with court papers, he would be smart to hire an attorney who is familiar with family law and can protect his rights.

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Answered on 5/17/99, 3:33 pm


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