Legal Question in Family Law in Maryland

I am divorced. I have full custody of one of our children age 8 and my ex wife has custody of two ages 11 & 13. We have a court order in place for the last 2yrs to split child care expenses. She has refused to do so for the last 2yrs. I pay child care, sporting club fees, a one time dental procedure, counseling and the normal cost of living expenses for care of a minor child for the child in my care. I also pay health care for all three children. She only has normal cost of living expenses. She now said she is going to file for child support because I won't give her $200 a month. I know she got laid off 3 months ago but has been back to work for a month now full time and has worked a part time job for the last 2yrs. My income however has not changed. Is it possible for her to be awarded child support? Can I file for contempt for her refusal to split cost? I am willing and have tried to get full custody of other two, but at the time did not have a big enough place, now I do. Do I have grounds to change custody if she can not financially provide now?


Asked on 1/04/12, 4:16 pm

1 Answer from Attorneys
Paula McGill Paula McGill Attorney at Law

Yes, it appears you have grounds to file a motion for contempt. The judge will determine if she should be held in contempt or simply pay the back amount due. Not being able to provide for the children financially is not necessarily grounds for changing custody. A job loss may justify changing child support. However, if there have been material changes since the last custody order, file the petition to modify.

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Answered on 1/05/12, 10:58 pm


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