Legal Question in Family Law in Maryland

Maryland CSB Bureaucracy

What recourse if any, does a non-custodial parent have when the Maryland CS Bureau ''looses'' checks sent to satisfy child support payments? Since May, I have confirmation from the US Post Office that the overnight packages containing these checks were signed for by this office but the checks have disappeared. I have incurred a great deal of money on overnight fees as well as stop payment fees not to mention the time spent trying to reach someone that will help me with the situation. I overnighted a third check, it finally was cashed BUT at the same time, they garnished my wages, so I am two months paid ahead but no money to pay my own bills. At the same time, the ex wife will not allow me to see or talk to my daughter although she has been made aware of the situation. My daughter lives with her grandmother 98% of the time but my ex wife receives the support money...is this allowable? Can I request that she prove how this money is being spent on my child? Thank you for your time.


Asked on 6/29/02, 4:30 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Maryland CSB Bureaucracy

Regarding the missing child support checks, you can go to court with a motion to quash the wage garnishment if the CSB collection records can get straightened out to show you actually have a credit balance at this time. Most child support in MD these days is paid through an earnings withholding order so the very problem you're having is avoided. You might want to think about going this route just to avoid these hassles.

Regarding visitation/custody, your ex is in violation of the court's order and has no right to withhold visitation based on child support collection. If you're interested in obtaining custody, you could file a petition here in MD asking for a change in custody, based on the fact that your daughter isn't really in your ex's custody as a practical matter. The court favors a parent over a grandparent.

If I can be of assistance, you can contact me for further information.

Robert Sher

301 986-4555

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Answered on 7/01/02, 11:14 am


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