Legal Question in Family Law in Maryland
daycare cost
I am paying child support for my 3 children. The amount includes $200.00/mo for day care expenses. Youngest child is no longer in daycare as of 6/10/07 and will attend school full time next year. How do I get child support order changed easily and will I receive the overpayments back? Thank you.
2 Answers from Attorneys
Re: daycare cost
You need to file a Motion to Modify Child Support. Bear in mind that, if your income has increased significantly since the date of the existing Order, it may not be worthwhile. Although possible in certain limited circumstances, you would generally not be entitled to reimbursement for overpayments.
Re: daycare cost
You must file a petition to modify child support. You cannot get a retroactive reduction, but when the petition comes before a judge, you can receive the reduction effective as of the day you filed the petition.
I suggest you see if your ex is willing to consent to the reduction as of 7/07. If so, you need to have an agreement drawn up for signature, and you can immediately start paying the reduced amount. If she won't, and the court grants your petition, you will have to ask the court to allow you to recapture the overpayments by reducing your ongoing support payments until you're "even".