Legal Question in Family Law in Maryland
I get divorced September 18, 2009 in Baltimore County, MD. Judge ordered me to pay $700 monthly for child support, base on my salary 1 year 1 month ago. I am unemployed for 1 year 1 month. I have no money to pay for anything. I am not working even for cash. My ex harassing me non stop, and not giving me to see my child.
When I walked away, moved to NYC and paid her 3-4 time of what judge ordered me to pay, I left her our home, car, everything in the home.
I sent papers for modification of child support payments on time.
My question: May I ask court now to order my ex to sale house and split the money?
...so I can start paying my child support... any way my ex living with
her boyfriend and renting our house to somebody else.
1 Answer from Attorneys
The judge must have imputed income to you based on your earnings potential. The court may do so when a finding of voluntary impoverishment is also made.
Regarding the house, as long as there is no use and possession order in place, you may request that the house be sold by filing a Petition for Sale in Lieu of Partition in the Circuit Court. If you are still on the title, you are entitled to a portion of the rent that she receives. However, if she is paying the mortgage, she may be entitled to a contribution from you for your share of the expenses, which may offset any rent proceeds.
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