Legal Question in Family Law in Maryland

Re: child support

Your current wife's income is irrelevant to your child support obligation. She has no obligation to contribute to the support of the child of you and your first wife. The Maryland Child Support Guidelines will, in almost every case, determine your support obligation, using calculations based on the incomes of both parents. If your first wife is not employed, you need to argue to the court that she is capable of working and that her potential income, the amount she could earn if she was working, should be entered into the calculation. If she files an action to increase child support, you would bve wise to hire a lawyer to represent you. The cost of the lawyer may be far outweighed by the long-term saving to you. Be sure you have a lawyer who practices in the area of family law and is experienced in handling child support cases.

Re: child support

If your ex-wife wants support changed, she's going to have to move for an order--in other words, she's going to have to start the process. And she's going to have to show the court that there's been a material change in circumstances since the last child support order---generally, that there's been a 20% change in the amount of money you make.

Maryland follows the income shares model, which bases child support on the combined income of both parents (NOT new spouses.) If your combined income is under $10,000 a month, then the court has to follow the guidelines and award a pre-set amount. If your income is above $10,000 a month, then the court has some discretion in awarding a higher amount of support based on the child's actual needs and expenses.

It's a good idea to consult with a lawyer. If your ex-wife has a lawyer, then you should definitely have counsel.

Re: child support

Generally Maryland judges follow the statutory guidelines. Unless your income has risen 25 percent and, you don't have other children, you do not appear to have much to be concerned with. However, if your income has risen 15 percent and the biological mother may bring suit, you are best advised to obtain defensive counsel. Other options, besides litigation, may exist to solve your matter.

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G. Joseph Holthaus III

(410) 799-9002

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