Legal Question in Family Law in Maryland

My husband and I are going through a divorce, nearing the final trial. We currently have shared physical custody, due to the fact that he went on and on about seeing his children every other weekend simply wasnt enough time with them. Anyway, since my husband barely wants to work, he is now claiming that he cannot provide financially for the children(2) and he needs child support. The cs worksheet was done and it turns out that i would indeed have to pay him cs($400) if the visitiation stays as it is. Having shared custody b/n us is unnecessary, if he cannot support the children then he can see them every other weekend and I have primary physical custody, because there is no reason other than him wanting to see them more that we have this shared custody. I guess my question is does what i'm saying sound reasonable. I cannot afford to give him money to spend time w/ his children. I am struggling as it is!!!


Asked on 5/09/11, 3:42 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Each parent has a duty to support his/her children. If a parent is able to work but refuses to do so, a court can conclude that he or she is guilty of voluntary impoverishment. Generally this applies to the noncustodial parent who is seeking to avoid paying child support. The way it works is the court, using evidence of the parent's work history, skills and training, imputes income to him/her and orders support to be paid based upon that income. You should be prepared at the forthcoming trial to present such evidence. If you have properly prepared, you should be able to do so. There are vocational placement experts who can be hired to testify as to what someone with your husband's work background should be able to earn. Alternatively, you could ask the court for sole residential custody and grant him visitation along the lines of the schedule you proposed. You would still be potentially entitled to receive support from him, but even if he gets off the hook at least you wouldn't have to pay him. It sounds like you're trying to handle this case on your own, which in your case is a big mistake that could end up costing you dearly.

Read more
Answered on 5/12/11, 12:31 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Maryland