Legal Question in Family Law in Maryland

I currently live in Maryland and have minor child who lives in Illinios with his mother. I have paid child support (by payroll deduction) since 1997. In 2007 I changed jobs and was out of work for a short period of time. In July of 2008 the state of Illinios sent a court order asking the state of Maryland to enforce a child support order and said I was $180.00 past due. I did not contest this action because I agreed. Since that time money has been taken out of my paycheck, sent to MD., and then sent to IL. In October of 2010 I recieved a letter from the state of Illinios saying I was over $5,000.00 past due and owed approx $2,500.00 in interest. They now say I wasn't behind $180.00 and they made a mistake. I tried to go to my previous employer to get the records but unfortunately they are no longer in business, and everything has been destroyed. Is Res Juditaca a viable defense in this situation?


Asked on 6/24/11, 8:57 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

I assume you mean "res judicata". That doctrine applies to cases that have already been decided on their facts in a court of law, so it doesn't apply in this situation. You need to consult with a family attorney, because often these situations can be resolved by negotiation with the other state--especially when there is interest and other fees involved. Apparently you didn't retain your pay stubs from the old job which would indicate how much was deducted from your paycheck. Presumably the arrearage was created while you were between jobs and up until IL caught up with you.

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Answered on 6/24/11, 11:17 am


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