Legal Question in Family Law in Maryland
My husbands ex-girlfriend is threatening to take us back to court for a modification of child support. she has not worked in a year due to her own decision to leave work. she is now married and is being supported by her husband. We do not claim his daughter for tax purposes and she is asking us for a modification to pay more money each month or to assist with medical expenses that we have no legal right to say yes or no to since she has sole custody and he only has visitation rights. Will the courts take into consideration her husbands income since she does not work? Also, my husband is not on my mortgage or on any utility bills, do I have the right to show that he supplies monthly payments to me for these expenses as I do incurr them all myself?
2 Answers from Attorneys
Her husband's income will not be taken into consideration by the court. However, if she has voluntarily chosen to quit her job, you may be able to show that she is voluntarily impoverishing herself for child support purposes. Child support is based on gross incomes, so your husband's contributions to the mortgage and/or utility bills would not be relevant.
In determining the appropriate amount of child support to which a child is entitled, the court can consider the respective incomes of the parents, not stepparents. In the case of your husband's ex, if she is capable of working based on her training or experience, the court can treat her as being "voluntarily impoverished", and can impute an amount of income to her that she could be making if working. That amount, combined with your husband's income, will determine the base amount of statutory support due. As for medical expenses, if they are necessary for the child's health and not covered by insurance, it doesn't matter whether your husband was consulted. Presumably he would not have deprived his child of necessary medical treatment. In the final analysis, the mother must show a material change in circumstances from when the current order went into effect in order to be entitled to a modification. So if these current medical expenses were unforeseen at that time, that would potentially qualify as a material change.