Legal Question in Family Law in Maryland

Interstate modification of child support

I am the divorced father of two who live with their mother in Md. We were married in NY, but divorced in Md after moving there. I returned to NY where we met, married, owned a house and I had lived for several years. I secured employment in NY, but was NEVER able to pay he $1000+/month child support that had been ordered. I am making much less than I was at time of divorce, and was found guilty of WILLFUL FAILURE TO PAY support even though support payments(less than the amount ordered) were and have been made. Arrears are piling up, and I simply can't pay the $1000+/month (I make less than 20,000/year) WHAT DO I DO?


Asked on 3/01/03, 10:13 am

1 Answer from Attorneys
Carolyn Press Chung & Press. P.C.

Re: Interstate modification of child support

You should file, as quickly as possible, for a reduction in child support. There is no way that a parent with your income should be ordered to pay $1000/month, unless the court finds that you are fully capable of earning significantly more and have "voluntarily impoverished" yourself by taking a lower paying job than you could have. You should file quickly, because the court can not set a lower support order retroactive to a date before the date on which you file. The arrearage will not be reduced, but your payments from the date on which you file should be lowered after you have had a hearing.

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Answered on 3/02/03, 2:15 pm


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