Legal Question in Family Law in Maryland
''Desertion and Child Custody''
My wife moved out 2 years ago. I suspected she was going to move but she said nothing to me until the day before. She told the children (now age 11 and 8)she was getting a new job in Georgia. She promised financial support but none came. I filed bankruptcy due to many credit cards by her. It has been approx 2 years & she has not paid support. She claims she does not make enough $ & the time she has kids (July Spring break & Christmas break) & amount of debt she incurred because of my bankruptcy judge will not require her to pay support. Can I file charges for desertion and also support? Can She be made to pay even though We live in Maryland and she in Georgia?
2 Answers from Attorneys
Re: ''Desertion and Child Custody''
You can file for divorce and collect child support no matter where she lives. The judge will require her to pay support but only from the date you file the papers
contact us if you wish assistance.
Raymond Carignan
Attorney at Law
(410) 975 9401
Re: ''Desertion and Child Custody''
You can file for desertion or just on a no-fault. Desertion is a fault based divorce and requires you to prove, via a trial, desertion. It is usually more expensive to pursue a fault based divorce than a no-fault. So, if you are not looking for a more favorable property division (like equity in a house) then it may be in your best interest to file for a no-fault divorce just because it is cheaper. Nonetheless, you need to file for child support regardless of what she says whether she makes enough or not. You are not the only one required to support your children. Takes two to make them, takes two to support them. At the very least you should file for support in MD and get a court order for support, even if she doesn't pay at least arrearages will accumulate and you can collect the money later when she does have it. Keep in mind that the court will likely impute income to her if she is unemployed or if she is underemploying herself.
I hope I have answered your questions. Job well done with stepping up to the plate and raising your children! Father's like you just make my day.
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