Legal Question in Family Law in Maryland

Child Support

I have sole custody of my 17 year old son. He left several months ago to live with his mother because he wanted the freedom of "no boundaries". (Mother has gone through her 2nd divorce. She's not into parenting justing building friendship with son). She is now taking me to court for change of custody/child support. I make 65K a year and have 4 dependents from 2nd marriage. Since I had custody and was not expecting to ever have to pay child support, I live accordingly (higher mortage, larger car payment, sports fees for younger children, etc...). Accordingly to the MD guidelines I would be in the red every month. My ex was making $15/hr but change occupation and is now claiming to make $800/mon. Is there a possiblity that the court will take into consideration that I have another family plus the expenses I have. At the last hearing when I rec'd custody, my ex rec'd a 10% discount from her support because she has a child from a second marriage. May I get 40% for my 4 dependents? Also, my ex in arrearages of over $3K.


Asked on 10/01/99, 1:41 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Child Support

If you were paying child support pursuant to an earlier court order or a separation agreement, it would be a set off from your income, dollar for dollar, in computing your child support obligation for your son. However, if your other children are living with you, that doesn't count the same way, although the judge/master can take it into account by deviating from the guidelines to a certain extent. You should file papers asking for a credit of your ex's arrearage in case you're ordered to pay her support. Also, you can argue that your ex is voluntarily impoverishing herself by refusing to work in a job with higher pay that's available to her.

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Answered on 10/06/99, 4:20 pm


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