Legal Question in Family Law in Maryland
Child support, remarried ex working in family business
My ex remarried an very affluent man. He owns a very successful Real Estate Development Co. My ex, did, and does make more money than me. She paid child support until recently, when she had a child with her new husband. My ex now works daily in his business, has a nanny, and is constantly asking me to watch our son. She has not paid child support for four months. She claims she is not making any money because she is not working. What she is doing working all the time, just funneling the money through her husband. Do I have any recourse?
1 Answer from Attorneys
Re: Child support, remarried ex working in family business
Your question is a little confusing, because it's unclear who has custody of your son. However, to answer it generally, your ex has a duty to support him by paying you child support if you have physical custody at least 50% of the time. If she is capable of earning income, as you indicated, she cannot avoid paying support by not taking a paycheck from the husband's business. If you have court ordered custody and she is under an order to pay support, you can go to court and file a contempt petition against her, and she will be ordered to come to court and explain herself and to comply with the court's order. If there is somehow not a court order, you need to file a petition to establish her duty to pay right away, since the court cannot order payment of support retroactively.
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