Legal Question in Family Law in Maryland

Child Support

I recently returned from living overseas. My ex and I had a legal amendment regarding child support while I was away, with a stipulation that when I returned and found suitable living, that our arrangement would return to a 50/50 split (joint legal and physical custody) with the child support being recalculated as such. I looked for seven months for a job without success (I hold a MBA and CPA and realtors license), and finally opted to return to real estate. I have moved into a residence and as of 5/1, have my boys 40% of the time. Before that time, having them overnight was difficult as I was living 30 minutes away in my parents basement. My ex now says he doesn't owe me anything and after consulting an attorney (I have asked for mediation numerous times) was told that child support will be based on past history and not the fact that we are now back to a more regular schedule. He also claims that if I pursue it, I will owe him back child support for the past seven months while I was living at my parents and looking for work. As it is, real estate will not be lucrative for a while, but I was willing to assume a $50k income. He makes over $150k/year. Is his attorney right? Do I have a legal leg to stand on?


Asked on 5/12/09, 9:24 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Child Support

If you had an agreement for support sharing while you were overseas, then either party could enforce that agreement. Going forward, child support would be based upon the terms of your agreement, or if the agreement doesn't speak to the present situation, it would be based upon the present income of the parents. In addition, if your children are with you at least 35% of the time, then child support is paid on a shared custody basis, rather than a full custody basis. Neither party can seek retroactive support through a court action, other than what your agreement called for each of you to pay.

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Answered on 5/12/09, 9:46 am


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