Legal Question in Family Law in Maryland

Child Support

My son has been in foster care for about six years. he is suppose to come home to me, but Department of Social Services, made other arrangements, and let my son live with my brother and his wife.

My son was out of foster care, but I beg DSS not to have my son with my brother or his wife, because I knew he will get worse and be back in foster care, now my son is back in foster care.

My child support case was closed, now its reopen, I refuse to pay any child support, because DSS made a bad decision, and also my brother and his wife cost me alot of damages, where now I am behind on my bills.

What article of the law under child support can I fight this with? And what are my rights as my sons mother. I haven't seen or spoken to my son over two years, and I am no harm to my childs.


Asked on 6/04/07, 8:24 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Child Support

Unfortunately, even though you don't have custody, you are obliged to support your child. If there is a support order in place, you can be held in contempt of court and your wages can be attached if you are delinquent.

Your remedy is to file a court petition asking the court to send your child back to you. You didn't explain the circumstances which led to your child being placed in foster care, but I assume it is related to a problem you were having that caused the court or DSS to feel you were unfit to care for your child. If you can demonstrate that you have remedied the problem, and that it would now be in your child's best interest to be with you, you may be able to regain custody.

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Answered on 6/04/07, 9:37 am


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