Legal Question in Family Law in Maryland

Modification of Child Support and Private School

Per the settlement agreement dated 1996, child support would be determined each year based upon the both parties income. This was never done. However, each year I voluntarily raised the child support payments and also included monies for 1/2 the amount of private school tuition. I have been served with a motion for child support modification as well payment for 1/2 of private school tuition for the last 9 years. I have requested child support worksheets be generated per year from 1996 to determine what the cost of child support should have been. I have requested the legal amount of child support and tuition be added and then compared to what I actually paid. I have had no response; however, I have a scheduling hearing to attend although I am participating fully in trying to resolve this. What will I expect at the scheduling hearing?


Asked on 11/26/05, 9:25 am

1 Answer from Attorneys

A.P. Pishevar The Pishevar Law Firm, P.C.

Re: Modification of Child Support and Private School

Generally, modification can be legally made retroactive back to the date of the filing in Court for modification. Otherwise, the Constitution and other laws generally prohibit retroactivity and ex post facto state actions. I bid you luck. I hope you have a lawyer, this stuff is not meant to be "user friendly" and to be dealt with by lay persons. You may call my office for scheduling a free 1/2 hour consultation. -AP

PishevarLegal.com

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Answered on 11/26/05, 2:22 pm


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