Legal Question in Family Law in Maryland
My husband and I just got married in October. He pays child support to his ex wife and is very involved in his kids lives, they are 11 and 14. On February 8 she filed for more child support stating that he has had an increase in Income. He is the only one listed on the summons, is it possible that she is trying to include my income in there, can she do that? Also, she is listing that she pays $1,059 a month for school and transaportaion costs. They go to public school and ride the bus. If he is required to show his income documentation at the hearing, is she required to show what that $1,059 a month is from? She has full custody, but that is something else that we would like to change!!!
1 Answer from Attorneys
Your income cannot be included in a child support calculation. Your husband can require her to document the expenses she's claiming by conducting pre-trial discovery. An experienced family attorney will know how to do this. The items that are factored into a child support calculation, above the basic amount which is the product of the joint parental income applied to a schedule, are child care expenses, health insurance premiums for the children, extraordinary medical expenses, and, though rarely, expenses for special educational needs of the child, or for transportation between the homes of the parents. Both parents will be required to provide income documentation, such as tax returns or pay stubs. As for changing the custody status, your husband can file a counter petition for that.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
