Legal Question in Family Law in Maryland

Can someone pay too much child support

Someone is paying $600 a month for child support. He has joint custody with his ex-wife. They each get the child to what amounts to six months a year on a one week on one week off basis. The father is paying for the childs health care, private school, and putting money towards the MD pre-paid college fund. The mother pays for nothing. She was recently re-married. My question is with the father paying for private school, healthcare, pre-paid college, and keeping the child the exact amount of time that the mother does, should he be paying an extra $600 a month when the childs basic needs are already being provided for by him. Would he have a legal leg to stand on if he decided to take her to court to get the payments reduced or to have himself name the primary care giver? Please help. This has gone on for to long.


Asked on 5/02/00, 4:07 pm

2 Answers from Attorneys
Carolyn Press Chung & Press. P.C.

Re: Can someone pay too much child support

Someone can pay too much child support, although no one ever believes he or she is receiving too much child support. It is impossible to tell whether you are paying too much or not, because child support is supposed to be determined based on the incomes of the two parents and you have provided no information about income. You have what is called a "shared physical custody" arrangement. If the child support you are paying is the correct amount, you must have a substantially higher income than the child's mother. The formula for determining child support in shared custody cases is based on first determining the support obligation of each parent to the other for the 50% of the time when the child is with the other parent, based on both incomes. If your obligation is $600 more to her than her obligation to you, the $600 payment is correct. The other expenses you pay, if they are considered optional and voluntary, may not change the equation. The health care costs should not be considered optional and should be factored in. If you believe you are paying too much, you need to consult a lawyer and then decide if you should take the matter to the court.

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Answered on 6/20/00, 2:37 pm
Joseph Laumann Law Office of Joseph Laumann, PA

Re: Can someone pay too much child support

Yes, someone can pay too much support. The Maryland Child Support Guidelines are the basis when determining what should be paid. In your case it sounds as though there is a CS order and you are paying for additional stuff. You are only required to pay what the Court orders pursuant to the guidelines.

I strongly urge you contact an attorney to discuss this matter further.

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Answered on 6/19/00, 1:40 pm


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