Legal Question in Family Law in Maryland
Guidelines for childsupport if father had another child
What are the guidelines with child support in MD if the father of my 2 children has recently had another child. He is currently with the mother though they have been on and off again. Will the child support be a higher amount if they are together and he is not paying her child support.. or do they just take this child into consideration regardless? He has paid child support periodically though there is no court order. Also, my ex keeps saying he shouldn't have to pay me so much ( I ask for $100wk.. though i only get $100mth) because my boyfriend makes alot of money. Me and my boyfriend do not have any children together.. so i would think he is not responsible for them and his income should not be considered. I thought that I read somewhere that the child support would equal 25% of his net pay... is this true, or does it change because he has another child? What actions will be taken if I get a court order and he does not pay.. do they automatically garnish his pay or is that only if a large sum of child support is owed? Thank you for your help, I cannot afford a lawyer at this time.
1 Answer from Attorneys
Re: Guidelines for childsupport if father had another child
Child support is the responsibility of both parents and does not take into consideration the income of third parties. However it does take into consideration the income of the parents along with certain other expenses that are related to the children. In some instances, the Court can "deviate" from the guidelines for having another child with another person, but that is usually on a case by case basis.
In the event you take him to Court for support, you can, and will receive, a wage lien which is payable through the office of child support enforcement. In the event he does not pay, they, or you, can take him back on contempt proceedings.
If you would like further information, please contact my office for a free consultation.