Legal Question in Family Law in Maryland

Courts generally are reluctant to change custody status unless there has been a seriously detrimental effect on the children resulting from the existing status. So it's unlikely that the court will grant modification to her, especially since it's already been changed once since your move. As for the day care component of child support, she may get that if the reason she's going to school is to allow her to improve her employment options, as opposed to just going for the sake of doing so. You should prepare for the hearing by doing discovery to force her to demonstrate that she has that kind of plan in mind and that there are realistic prospects for improving her income earning ability if she completes the program. Given what's at stake it would be a good idea to consult with an experienced family attorney who knows how to present the evidence and arguments on your behalf.

I agree with the assessment of the prospects of custody modification. Regarding health insurance premiums, you would be entitled to a modification of child support to include credit for those new costs. Finally, regarding day care expenses, there was a recent appellate case in Maryland that dealt with a similar issue - Lorincz v. Lorincz. The court held that day care costs must be related to employment or job search, and rejected the argument that attending school in hopes of enhancing one's income or job prospects qualified as such.

Your moving further away may entitle her to a hearing based on a material change in circumstance. Although she could receive a modification to physical custody, your position is defensible based on the frequency of visitation that you describe.

Her request for additional support beyond the judgment is speculative and you should be represented.

Contact me for representation.