Legal Question in Family Law in Maryland
Child support & tax deduction modification
Two years ago when we went to court and the child support order was placed into effect the order was based on
Ex: visitation every other weekend-50K income-pay full medical insurance & $508 p/m.
Me: full custody-part time income of 12K per year-no daycare costs as relatives watched my child on the days I worked.
Tax deduction ordered to alternate every other year.
2 months after the trial I started working full time & my child was put into full time daycare. Everytime I try to take him back to court he loses his job. He has never paid a penney in medical insurance.
Recently my ex sold his house and made almost 100K in profit then went and bought a cheaper house so he could live off of the profits and avoid getting a decent paying job.
My question is: How do I take him back to court to atleast get the tax deduction for my son every year since I have been paying all childcare costs and my work pays for my child's medical insurance. Also, if I try to modify my child support and he shows he's making less than me, would they lower his child support? He keeps threatening that I will get less. Would they look at the money he made on his house? I now make 32K and don't know how much he makes from his job.
1 Answer from Attorneys
Re: Child support & tax deduction modification
The child support law states that a parent's ability to pay support is based on either his actual or potential income. In other words, a parent can't avoid his support obligation by refusing to work to his full ability. You should file a petition to show cause requiring your ex to demonstrate why he shouldn't be held in contempt of court for violating the support order by not paying for the health insurance. If granted, you can get a judgment against him for the amount he owes and go after him to collect it.
I assume he's current on his monthly support, but you might be entitled to an increase based on change of circumstances--your increased day care costs, although this might be offset by your increased income. You should consult a family attorney to see if you qualify for an upward modification.
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