Legal Question in Family Law in Maryland
I have two children, two different mothers. I paid support for the first child, a girl, first. Then the second mother filed for the second child, a boy. In that support filing, they deducted what I already paid for my girl. If the girl's mother and I decided to get married (we are back together), and the boy's mother took me back to modify support, would the first child still be considered in that calculation or would it be totally taken out and the support amount go up considerably?
1 Answer from Attorneys
If the child support for the girl is by court order, and that order is vacated by virtue of your marriage to her mother, then the amount of that order would no longer be deducted from your pretax income to calculate your child support obligation for your son. But it probably wouldn't have a great effect on the amount the child support guidelines requires you to pay. As an example, if you make $4000/mo before deductions and you were paying $500 for your daughter, the amount that should have been used to calculate your share of support for your son was $3500. So under the above scenario it would go back up to $4000. Of course to figure the actual difference you would have to figure in the mother's income and apportion it.