Legal Question in Family Law in Maryland
i got divorce from my husband last year. We have two kids and they spend half a week with me and the other half with them. That's an agreement we made virbally. He does not help me financially. Do i have the right to file for child support even tho he keeps the kids half of the week? How do i know if i have primary residential custody?
1 Answer from Attorneys
You are entitled to child support if your ex's income is higher than yours. You should have resolved all issues regarding child custody and support as part of your divorce. Under the law if the children live at least 65% of the time with one parent, that parent is considered the sole custodian; otherwise it is treated as shared custody. If you think you are eligible for support on the income test, you will have to file a petition in court. That will entitle you to get your ex's income documents (and he can see yours) so you can figure out how much you'd be entitled to under the child support law.
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