Legal Question in Family Law in Maryland
Notice of Default Order in Child Support
I was required to submit a written motion in response to a request to lower the child support I was receiving. I submitted a letter, which may have been two days late. Now I have received a Notice Of Default Order. What is an order of default in a child support case where I am the custodial parent? I have 30 days to vacate the default order. I must state the reason for failure to plead and legal/factual basis for the defense to the claim.
2 Answers from Attorneys
Re: Notice of Default Order in Child Support
This is one of those cases where you really should
consult an attorney. You only have a short time
to reply and you don't want to get it wrong this
time. The courts in these kinds of cases are usually
pretty lenient, and if you have a good case you could
reopen it even if the amount is lowered, but you shouldn't
wait until that happens. It's more expense and the
courts might decide that you waited too long, etc...
Re: Notice of Default Order in Child Support
When the other parent filed his/her motion, you were served with an order to show cause why the request to reduce support should not be granted. The default was entered after the deadline passed and you failed to respond. You are now being given an opportunity to have the default set aside and to file an opposition to the motion. These requests are usually based upon a reduction in income of the paying parent from what it was when the original support order was entered. If his/her income was reduced through no fault of his/her own (e.g., illness, layoff), as opposed to a decision to leave the job for personal reasons, and he/she can demonstrate an inability to obtain employment with a similar pay scale, they may be entitled to a reduction. Otherwise, you have legitimate defenses and should seek an attorney experienced in family law matters to assist you in opposing this attempt. Unless the children are near majority age (18), there is usually a lot of money involved.