Legal Question in Family Law in Maryland

Child Support/ Seperation Agreement

I have been getting SSI for my daughter since she was born. My ex husband and I seperated in 2001 and divorce paperwork was processed by him in 2005. We had the final hearing and nothing was noted in the property/ settlement agreement about extended care for our youngest daughter who is disadbled. he states that child support will stop at age 18. I have since relocated and he has stopped child support for her because he says she gets SSI and he does not think he should pay. We have a court order for $1200 per month with 3 children. He only wants to pay $400 for his son. Our oldest daughter who is still in High School and staying with friends ( I am paying room and board@$400-$500 per month for her), does not get anything also because she just turned 18 in June. I have filed a complaint of contempt because he can not just change the rules on his own. Can he?


Asked on 9/17/08, 12:46 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Child Support/ Seperation Agreement

Your ex is violating the child support order. He cannot change the amount of payment without applying to the court and getting the original order changed. Your 18 year old daughter is still entitled to support because even though she's 18, she's still in high school. Her right to support continues until she graduates, unless she turns 19 before then. Your other child's SSI benefits do not entitled your ex to any reduction in his support obligation.

Read more
Answered on 9/18/08, 11:59 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Maryland