Legal Question in Family Law in Maryland

I am divorced. I have full custody of our son age 8 and my ex wife has custody of our daughters ages 11 & 13. We have a court order in place for the last 2yrs to split child care expenses for all three. She has refused to do so for the last 2yrs. I alone pay child care, sporting club fees, a one time dental procedure, counseling and the normal cost of living expenses for our son. 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 the cost?


Asked on 1/05/12, 11:16 am

1 Answer from Attorneys
Bill Wood Law Office of William C. Wood, LLC

Regarding child support, it is possible for her to be awarded child support if she can first show that a material change in circumstances has occurred since the existing order was put in place. If your incomes are basically the same and nothing else significant has changed, she may not be able to do that. If she can, then it becomes a calculation based on your incomes, child care expenses, health insurance costs for the children, and any extraordinary medical expenses.

Regarding contempt, if she is willfully failing to comply with the order and you can document her non-compliance, the court may find her in contempt or may require her to contribute financially to avoid a finding of contempt.

Read more
Answered on 1/05/12, 11:39 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Maryland