Legal Question in Family Law in Maryland

Re: What happens if my ex-husband wants to change $$$ child support but I don't

If your so-called legally trained husband wants to pursue a change of child support, let him bring it upon you. I do not understand why your attorney would file a case to quash your fear of a suit to change support. There are other avenues to pursue beside litigation. If your husband is trained in law he should appreciate this.

Questions that arise is whether you want to remain a resident of Maryland. According to your question, the custody, support and divorce decree was rendered in Georgia. Where you came to Maryland for a short-term yet certain duration purpose, jurisdiction lies in Georgia.

You say the order of custody was 50/50. Read closely to discern whether this is physical or legal custody.

If you are taking care of the child(ren) for more than 50 percent of the time, you have a basis to seek a change in support. I don't know all the facts and, unless you are displeased with the services of your attorney, follow the advice your attorney provides.

Re: What happens if my ex-husband wants to change $$$ child support but I don't

First, I would advise you to pay more attention to your attorney than to your ex-husband regarding the law. It is not clear from your question whether you, your ex, or both now live in Maryland, and that might be necessary information to determine whether Maryland child support law would apply. I cannot see any reason why a court would order you to pay the cost of your husband's attorney, unless they found that you had filed a frivolous action, with no substantial merit, and that your financial resources exceed those of your ex-husband, and I think his threat is baseless. I don't understand, however, why you would file any action regarding child support when your reasonable goal would be to leave the support as it is. If your ex-husband files a claim for a reduction in child support, you can then mount a defense against his claim. If he is still living in Georgia, and files there, the Georgia formula for support will prevail. If he is now a permanent resident of Maryland, and you are too, and he files in Maryland, then Maryland law will determine any changes in support. If that is the case, an issue will not be "joint custody," whether it is joint legal custody or joint physical custody, but how much time the child actually spends with each of you. If your daughter is in the care of her father no more than 35% of the time (that means nights in his home) he does not have "shared physical custody" for purposes of calculating child support, regardless of what the divorce decree says about joint custody, and child support will be based on your custody and on the incomes of both parents. The court will also take into consideration such information as who pays the cost of transportation for visitation if it involves considerable cost (such as it does if one of you still lives in Georgia), who pays for health insurance, educational expenses, work-relatead child care expenses, etc. In summary, I can see no reason for you to file first, and you should not let anyone scare you into unnecessary action.

It won't hurt you to wait for him to take action, and then to respond.