Legal Question in Family Law in Maryland

my ex is currently incarcerated and has asked to suspend child support effective the date when went in to jail im in maryland so maybe the laws are different in different states but the way im taking this is that while he is incarcerated he will not be racking up child support it will be paused is this correct ? i have contested this motion because i don't feel this is fair i think while hes is in jail he should most definitely be racking up child support i have been waiting for child support sense december of last yr and the judgment was received in march so its back dated from january and he went into jail in april so child support had not even begun. i do agree to giving him 30 days upon being released to start paying but i don't agree with him not having monthly payments add up my expense's do not stop for my daughter because he is unable to pay so before i get rude comments like cut this man some slack hes pretty much been nonexistent in my daughters life he did not make it to any court date weather it was for child support or custody nor has he given me a dime of even bought diapers when i asked for them so why should he just get to pause this anyway like i said ive contested this and am waiting for a hearing date but i just don't feel like this is right for him to get away from having back child support add up because hes incarcerated maybe im interpretating this wrong but am i correct is that whats going to happen ? when he does get released in 10 months he will only owe me for jan through march ? and will not have to pay for the months he was incarcerated for ?


Asked on 7/13/10, 8:39 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

If he is under a child support order, during a period of incarceration he might get a court to suspend his ongoing obligation to pay, but he will be accruing an arrearage that will have to be paid on a catch up basis once he gets out and presumably returns to work. Child support is for the benefit of a child not the other parent, and the child's needs continue during the father's incarceration. If he is asking for anything more than that, it should be denied.

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Answered on 7/13/10, 12:05 pm


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