Legal Question in Family Law in Maryland

Re: determination of child support for child from an affair

First, the courts of Maryland do take into consideration the needs of other children. The goal is to treat all the children equally. The support of other children born to a payee is specifically a deviation factor under the guidelines to reduce the support obligation. However, the problem is you already have a court order and at the time of that court order the two children were already in existence. The court will likely rule that you should have argued for the deviation back when the original court order was decided. However, were you represented by counsel at the time of that court order? If not, you MAY (but a big stretch) at least argue for reconsideration. Also, how long has it been since the court order? The more recent the order the less likely you'll be able to modify it. The standard to modify a court order is a material change in circumstances since the court order. Typically a 25% difference in incomes qualifies as a material change in circumstances.

If you were to divorce the court would run the guidelines for your two children and come up with a figure, but keep in mind that your husband could use the support he is paying to this 3rd child as a deviation to reduce his child support obligation to your 2 children!

Pension income is considered income under the guidelines so the court can use it to calculate child support. However, if he isn't receiving the pension yet it is not income just merely an asset that will not be used to calculate support.

Re: determination of child support for child from an affair

If your children were not considered when the support for the other child was calculated, there was an error. The Maryland child support guidelines provide, absolutely, that the parent's income be reduced by any existing child support obligations as a part of the calculation of child support for the child at issue. You have to realize, however, that it is never possible to maintain an existing lifestyle for a child or a family and at the same time meet a new obligation to support a third party. Whenever you add another dependent to the equation, everyone gets less.

Filing for a modification will have no effect on retroactive child support obligations. Neither a reduction nor an increase will be made retroactive to a date prior to your filing for the modification.

Regarding your estate question, all of your husband's children, as long as they are minors, have the same right to a share of their father's estate. If he dies after they are adults, they will have equal rights if he dies without a will. If he has a will, and the children are adults, he can include or exclude any of them from inheritance. As for the pension, I expect that he has designated beneficiaries for that. If you divorce, there is a formula for you to acquire a partial interest in the pension through a Qualified Domestic Relations Order. The terms of the pension will determine whether any minor children will receive any payments from the pension fund.

I hope this helps.

Re: determination of child support for child from an affair

The court in determining child support could have deviated from the guidelines because of your two children, but the judges usually adhere to the guidelines because they focus on the needs of the child needing support rather than on the persons paying the support. You could seek a modification but you must show a change of circumstances from the time the original support order was entered--such as a change in income of either parent or in the needs of the child. Seeking a modification will not result in retroactive child support if it wasn't ordered originally. If you divorce, the parent retaining custody will be in the same position as the mother of your husband's illegitimate child--entitled to support from the other parent. Finally, pension rights are not affected.