Legal Question in Family Law in Maryland
paternity and child support?
I have 3 kids and one on the way. My wife is a stay at home mom. I am the only bread winner for my family. Financially we are barely getting by.
A couple of months ago I get a letter in the mail from K saying she had a DNA test done on her now 12 � year old son along with her boyfriend T and it came out negative that it is not T�s and she wants me to have a DNA test. I received a court order to have a DNA test done. K�s personal letter to me stated that �T� will always be her son�s dad. I think T broke up with her when he found out. They have had an on and off again relationship for years. I never met the child and if test is positive,
the child support calculators on the internet come out with a high figure for me to have to pay on top of existing bills. I believe she is getting assistance because the paper I received shows she grosses 998/ month.
12 years is a long time to just find out a child may be mine. He has been raised thinking this one man is his father along with other relatives that he is apart of.
I for one do not want to cause the child any emotional harm letting him believe
his life is a big lie.
Will the court take into account that I have my wife, and four kids to provide for?
1 Answer from Attorneys
Re: paternity and child support?
The MD child support guidelines, which as you have already learned, are based upon the respective gross incomes of the parents. This was done a number of years ago to simplify the system and avoid a lot of litigation over the respective living expenses of the parties. The law states that the guideline amounts are presumptively correct and not rebutted solely by the presence in the household of other children to whom either parent owes an obligation of support. A judge has a little leeway in adjusting the guideline amount, but not much.
I know it's small consolation, but at least you only have about 6 years to pay if the DNA tests determine your parentage. Make sure all of the mother's income is taken into account in making the calculation, including social security, disability or workers' compensation benefits.
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