Legal Question in Family Law in Maryland

I'm in Maryland and my son is 17.5 and has recently moved in with me. He had lived with his father for about 6 years. When his father and I divorced I took an unequal division of the property in lieu of child support to him. We do actually have joint custody - legal. His father is very upset that he has decided to move in with me and is now threatening to sue me for back child support. My question is, if no child support was ever ordered, can he now go back and sue me for back child support for all the past years?

thank you


Asked on 12/16/12, 7:55 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

No. He received the benefit of his "bargain" with you by getting the lion's share of the property. Your son is old enough to determine which parent he wants to live with and in any event he will be emancipated when he finishes high school or turns 18, whichever occurs last (or when he turns 19 even if he hasn't finished high school by then). Actually, you could file for child support from him up to the date of your son's emancipation although given so little time left it probably wouldn't be worth it.

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Answered on 12/17/12, 6:53 am


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