Legal Question in Family Law in Maryland

Hello,

Eleven months ago I won a child support case with my child's father granting me child support in the amount of 1200 a month. Recently I have taken a medical leave of absence. My child's father filed a motion to modify child support. My medical leave of absence left me with a 30 percent decrease in pay. My child's father filed for modification due to the lack of over time given at his work place. I would like to know if I can file for a a counter motion of child support increase. He is filing primarily stating I have more time to spend and Im not paying for child care while I have taken me medical leave. Are there any loop holes for me to follow to the new case?


Asked on 7/21/10, 3:04 pm

1 Answer from Attorneys
Paula McGill Paula McGill Attorney at Law

You can file a counter petition to modify child support based upon your decrease in income. With both incomes in decline, I cannot predict what the total modification will be in this case.

Be mindful of the deadlines in filing a counterpetition and answering your ex-husband's petition.

In most cases, hiring an attorney is better than going alone. Moreover, In Maryland, if you cannot afford an attorney, you may be able to qualify for representation with the Maryland Volunteer Lawyers Service.

I practice in the Baltimore area and Montgomery County. Therefore, if you need legal representation, please click my name to get my telephone number in Montgomery County or my e-mail address.

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Answered on 7/22/10, 6:08 pm


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