Legal Question in Family Law in Maryland
Father trying to avoid child support
I have a 3 month old daughter, for whom I am seeking child support. The papers have been filed with the state and contact has been made with the other parent. The father told me in a phone conversation that if I do not withdraw the papers, that he will be filing for primary guardianship of my child. She is 3 months old, he has never seen her, does not show concern for her well being, and has sent no type of support for her to date. I am very angry because, he is not saying that he wants guardianship because he loves her, but soley because he does not want to be put on child support. Can he do this?
2 Answers from Attorneys
Re: Father trying to avoid child support
He can file anything he wants, but realistically he has zero chance of getting custody of your child. It is not unusual for fathers like the one in your case to try this tactic, which you have accurately described as merely a crass attempt to avoid paying you child support. Do not be bullied by him and withdraw your papers. If he is employed, he will be ordered to pay support based on his income and an earnings withholding order can be served on his employer which will require them to deduct the child support from his paycheck and send it to you.
Re: Father trying to avoid child support
He can file for whatever he wants, but that doesn't mean the court will grant him whatever he wants. The court takes into consideration how much each parent earns and how much time the child spends with each parent, as well as child care expenses, insurance costs, etc. Child support is based on a formula taking those factors into consideration. You don't mention whether he has taken a paternity test. Nonetheless, the court may consider parent involvement when awarding sole or joint legal and physical custody, but he will not escape child support. If you would like to discuss more in-depth, feel free to call.