Legal Question in Family Law in Maryland

Collection of Child Support Arrearages After Youngest Child Is Emancipated

My youngest child will be 18 next month. My ex still owes me $40,000+ in child support arrearages. Currently, 20% of the child support he pays monthly is assessed to the arrearages he owes. After my child turns 18, what percent will be collected from him? Is is possible to continue to collect the full amount he is paying now (child support + 20% arrearages)and have that full amount be credited to his arrearages? My ex is 46 and I am worried that he won't live long enough to work and pay off the full amount of arrearages unless a substantial amount is collected now. He is a professional working and living in Minnesota. Our divorce and child support agreement was entered and ordered in Baltimore County, MD where we both lived at the time. I still live in Baltimore County. He moved to Minnesota in 1997 and there is a wage garnishment for the support order which is handled between Baltimore County Child Support and Ramsey County Child Support (in Minn.) Thank you.


Asked on 11/16/01, 12:01 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Collection of Child Support Arrearages After Youngest Child Is Emancipated

If the court order for wage withholding doesn't automatically call for the garnishment to stop when your child turns 18, the employer will continue to abide by the order unless your ex files court papers to adjust it. You can then apply the entire payment to arrearages after your child's 18th birthday.

If your husband does file papers or if the order instructs the employer to stop garnishing as of a certain date, you will need to take some action to keep the garnishment going to pay off the arrearages through the court system.

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Answered on 11/16/01, 2:38 pm


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