Legal Question in Family Law in Maryland
I am currently going through a divorce and have a Son who I haven't seen in a while due to the fact that I am always told that something else is more important going on. I pay an very large part of my money to the child support which leaves me just enough to cover my bills but dont have anything left to buy basic necessities. I would like to know how i can try to get my support lowered somewhat and also be able to see my Son on a regular basis.
2 Answers from Attorneys
As for your support, if you can demonstrate that there has been a significant change downward in your income, or a significant change upware in the custodial parent's, you can file a petition for modification. As for visitation, if there is an existing court order or separation agreement authorizing specific visitation for you, you can ask the court to enforce it. These things are legally separate issues but may be combined in one court petition. Consult an experienced family attorney to help you with this.
Do you have an attorney already? If you are going through a divorce with a child, you should defnitely have an attorney to protect your interests.
In any event, has your income decreased since the last court ordered child support? If so, you might be entitled to modify the support. In addition, is there already a visitation order in place. If so, your wife is in contempt, and you should file a motion for contempt regarding her actions. If you don't have a visitation order, you should file for visitation. Once the order is in place, she must comply with the order or be subject to contempt.
If you don't already have an attorney, I am available to discuss your legal issues.