Legal Question in Family Law in Maryland
My husband and I have been separated now for over two years... we never filed for a separation and I am finally going to file for divorce in Maryland. We have a three year old daughter together and she has been living with me for the last two years and he has not helped financially with her. He is in the military and based on bolling air force base and is getting ready to transfer to his new base in california. He is still collecting extra money for me and our daughter for housing an extra $1200 a month on top of his base pay with gives him $800 after taxes. He only wants to pay $400 a month after the divorce and agrees the baby will stay with me permanently as he travels to much and now moving across the country. How much would he have to legally pay for child support and is it backdated to when we actually separated? Until he officially moves are visits on a every other weekend basis? How much will it cost me to actually file for divorce and etc? Do I have to hire an attorney? Any information or advice would be great! Thanks!
2 Answers from Attorneys
The amount your husband will have to pay for support is usually determined by the MD Child Support Guidelines. The combined before tax income of the parties determines the base amount, and an additional amount can be added on for child care and uninsured medical expenses. For example, if the father makes $50000/yr including all allowances and you make $25000, the monthly base child support would be $800, of which 2/3 would be his responsibility. If you pay for day care or child care, 2/3 of that would be added on to his support obligation. If you receive a court order or he agrees to pay a certain amount, the military will provide an allotment so you get the money directly out of his pay. Unfortunately, you should have taken action on this right after you separated, because you cannot back date it to then. However, you can start collecting from the date you file for divorce, custody and support, so you should do that right away.
As far as visitation is concerned that is up to the two of you at this point. If you can't agree a court will set a specific visitation schedule as part of your divorce filing. You definitely should hire an experienced family attorney who can try and negotiate an agreement with your husband or, failing that, file the necessary court papers and prepare your case to get the best possible result. If you are unemployed or don't have enough income you may qualify for a reduced fee attorney through your county bar association. Or you may be able to get the court to order your husband to pay all or some of your legal expenses.
Contact me immediately to file for child support and custody. You cannot backdate a claim for child support.