Legal Question in Family Law in Maryland

Modification and Extension of Child Support Order

My divorce was granted by the State of Illinois in 1992, where I was residing. A child support order was enforced for non-payment in 1994. In 1996, my daughter and I relocated to Maryland and have resided with my ex/her father, ever since. He lost his job in 2000 and I contacted the courts in Illinois to inactivate the case pending further notice. He has since obtained a good paying job. Now I'm moving out. Our daughter wants to stay with me and will be 18 in December. The child support order states that he is to pay child support until she turns 18. It is also ordered that he pay for her medical insurance (which I've been paying for the past 6+ years).

My questions are:

1. Can I have the child support order modified according to Maryland's guidelines?

2. Can I have the child support order extended pending her graduation from high school (June 2003)rather than on the day that she turns 18 in December and is only half way through her senior year?

3. She plans on attending college. Can I have the order extended or modified so that he is responsible for a portion of her education?

4. If yes to any of the above, do I have to retain an attorney to do so or can I file myself?


Asked on 8/19/02, 5:17 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Modification and Extension of Child Support Order

You certainly present an interesting scenario. First of all, modification to MD guidelines-this wouldn't be retroactive, so given your daughter's proximity to age of majority (18) it probably isn't worth the effort. I'm not sure if the court would extend the support obligation to high school graduation, unless that was the law in ILL when your order went into effect. Re college--the courts can't force the father to pay for that. If he's got a well-paying job, he ought to be willing to at least chip in for college. Perhaps he'd be willing to enter into a cost-sharing agreement with you. I certainly recommend you at least have an in-office consultation with a family law attorney so he/she can examine your file and give you the best advice.

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Answered on 8/20/02, 3:06 pm


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