Legal Question in Family Law in Maryland

I have been divorced for 4 years, I have shared physical (50/50) and legal custody. At the time of separation, I had a substantial income, and my ex-wife had none. This resulted in a hefty $2500 a month child support payment.

I am now remarried, and just had a baby girl with my new wife. She wants to go back to work, and I want to stay home with the baby. If we did this, I could no longer afford to pay child support of $2500.

My ex is claiming that this is voluntary impoverishment, and plans to resist any attempts to modify our child support agreement. Does she have a case?


Asked on 5/28/10, 1:08 pm

1 Answer from Attorneys
Paula McGill Attorney at Law

In short, yes. Your first child needs support. Therefore, you cannot simply quit work. Indeed, if you did, the court MAY attribute the amount you were making to your support obligation and force you to pay the same monthly support. If you failed to do so, the court may hold you in contempt and put you in jail.

Of course, nobody can predict what a judge may do with your set of circumstances. Therefore, file the motion and let the court decide.

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Answered on 5/29/10, 5:51 am


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