Legal Question in Family Law in Maryland
child support question
I have a 14 mo old son & am currently 2 mos pregnant w/twins. I have a child support hearing on 5/1/07 in Maryland. I have relocated to Florida w/my mother due to not having a place to stay once my ex walked out on us. My question is I am now on public assistance (medicade and food stamps) & looking for work, although because I have no money, need child care & am often sick due to my pregnancy it's been difficult. I am worried that since I am now in Florida & on assistance & do not have a job & my son is not in daycare the court will not rule in my favor & give me a reasonable amount of support. My concern is that I don't want support of my child to fall on my mother because I stay with her. Eventually I will find work & he will be in daycare but I know going back to Maryland again to try to get more support will be difficult. This is not an attempt to try to take all of my ex's money, I came here to get our life together not be a burden on my Mom. I don't want to look bad to the court & like I don't need help when I really do. I think I can get a job at a gas station up the street but I was trying to get something better. Would it be in my best interest to just go there before my hearing & get him in daycare asap? Theres more but
2 Answers from Attorneys
Re: child support question
It sounds like you're doing the best you can under the circumstances, and I don't think the court in MD will feel otherwise when it comes to ordering child support. Your ex is required to support his son under the child support guidelines. Once you have legitimate day care expenses, he is required to contribute to them as well, but you will probably have to work that out or have another hearing later. Given your pregnancy, I don't think the court will penalize you for not working until you give birth, at least not full time.
Re: child support question
You do not need to worry that the court, either in Florida or Maryland, will deny you child support because you are not working. In both states child support is calculated based on the incomes of both parents, but if one parent is unable to work because of a legitimate reason the lack of employment won't be held against him or her. In Maryland, caring for a child under two years old is considered a valid reason for not being employed. You should file for child support immediately. The process takes some time, and if you are now receiving no support, the father will be ordered to pay an arrearage back to the date on which you file your claim, but not to any time before the filing.
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