Legal Question in Family Law in Maryland

Me and my ex-wife got our divorced finalized by court on November 2012. Based on our separation agreement there was a clause which states as for the period of 5 years as ex-husband I have to pay wife alimony of $1500/month. Notwithstanding the foregoing, in the event wife and the minor children relocate from the address - . Before the divorce was finalized ex-wife moved to another location. The court overlooked this clause and I myself didn't care much and continued paying wife's alimony alongwith child support. Is it possible now to raise this clause now in court and only pay the child support amount? Thanks


Asked on 7/23/12, 8:06 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

I assume when you said your divorce was in Nov. '12 you meant '11. While you can now raise the issue and seek termination of alimony, your ex will argue you waived the clause by failing to raise the issue at the time of the divorce. I assume you were aware of her move at the time. You might be OK if there is a clause in your agreement about non-waiver. See a family attorney for a review of the document and advice.

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Answered on 7/23/12, 8:25 am


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