Legal Question in Family Law in Maryland

I got a confusing one. I was awarded sole custody of my son maybe a year after he was born. His mother was ordered by the judge to pay child support. She paid for about 2 months then we reconciled she got pregnant, we had another child and we eventually got married. This whole time the standing custody and support orders were never modified. We eventually divorced and we were awarded joint legal custody of our new daughter with her having physical custody. The judge also denied her request for child support seeing as i had our other child and iv never enforced her or tried to file her in contempt. After the divorce is finale she applies for benifits through human services and they eventually come after me for child support. I tell them she has a order to pay child support and hasnt paid in years and they basically tell me they are not going to help me enforce my order because she receives benifits from the state. The enforcement agent gave me the impression that there is nothing else i can do and i must agree to pay or i wiill be jailed etc etc..i signed a consent. And started making payments while still never enforcing her support order. It wasn\\'t that much money and i was ok for a while. She told me she would close her case with the state and take me off support once she gets a job.... she got a job two years ago. A good job. She is not budging telling me one thing then doing the other.. how can an enforcement angency not enforce my order? Btw she has tried to modify the sole custody i have and tried to modify the support order against her numerous times, even recently and the judge always denies her motions seeing how nothing has changed in my situation with my son and that she still hasnt paid her support. . Please help i know it a lot. These cases are in Maryland


Asked on 3/02/16, 7:26 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Your failure to enforce the original order, coupled with the judge who ruled on the divorce not ordering you to pay support in tacit recognition that you weren't seeking enforcement of the prior order, might well prevent you from getting retroactive enforcement. There is a legal doctrine known as "laches" which in layman's terms says if you sit on your rights you stand to lose them. This may not apply though where child support is at issue.

However, if you file for enforcement and modification, based upon the new obligation being imposed upon you by OCSE, you might at least get a prospective offset. Since your ex has a good-paying job as you indicated, the guidelines would indicate an amount that she ought to be paying. You can go on lexisnexis.com/hottopics/mdcode/ to access the MD Code (Family Law Sec. 12-204), and check out the guideline table to calculate the amount. Read the law--there is an add-on for certain things like daycare.

You ought to be consulting with an experienced family law attorney--as I'm sure you've recognized, this isn't a simple matter.

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Answered on 3/03/16, 6:16 am


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