Legal Question in Family Law in Maryland
Child Support
I recently went to a child support hearing and presented my wage statements. My spouse did not but they let her say she made $9 per hour without proof. I owe $465 per month. I paid child support from October 2003 to April 2004 w/o a written agreement or being legally separated. I stopped paying in May 2004 because my spouse kept asking for more and more money. I recently lost my job due to a mental illness and they said that I still have to pay monthly child support plus arrears for the months from May 2004 to October 2004 even though there was no agreement in place. They are charging me the current child support obligation for those months. Can I get the payments lowered because of being out of work until I find employment? Also should I have to pay for arrears when there was no agreement in place? Thank you.
2 Answers from Attorneys
Re: Child Support
The Judge can Order you to pay child support from the day the mother filed the petition. You can file for modification of support based on the fact that you are not currently working. This is an excellent example of why skimping on a lawyer costs you more in the long run. Don't make this mistake again, hire a lawyer.
Re: Child Support
You should not have to pay retroactively for periods of time before the filing of the petition or w/o an agreement - that would be unconstitutional. You need to hire a lawyer and immediately file for modification based upon your lack of income and your illness. Sorry to hear of your troubles. God willing, this too shall pass! Best of luck, A.P. Pishevar, Esquire
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