Legal Question in Family Law in Maryland

paying child support after age 18-reimbursement?

I currently pay child support weekly by wage assignment. My daughter graduated from high school in May 2006 and turned 18 years of age 9-9-2006. SHe is working full time and attends college part time. My understanding of Maryland law is that it could have been stopped since last september? I currently reside in Mass. and my ex-wife and daughter, in Maryland. How do I get my employer to stop taking the support out of my paycheck? What about the overpayment? Does my ex wife need to reimburse me?

thank you


Asked on 3/06/07, 10:40 am

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: paying child support after age 18-reimbursement?

First of all, you should review the child support order. If it provides for termination of support upon your daughter's reaching age 18, show it to your payroll dept., along with proof of her age. If the order doesn't specify a termination date, then you will need to get a termination order from the court in the county where the support order was issued. The way to do that is to file a motion to terminate child support based upon your daughter's "emancipation" (i.e., turning 18 and finished with her secondary education). You should also ask for reimbursement from your wife for all payments since 9/06. If you and she are reasonably civil with one another, you might approach her with the problem and ask her to consent to the motion, and to endorse any future checks she receives back to you. She may be unreceptive, but at least it's worth a try.

You should engage a family law attorney to help you with this. It may be accomplished without your having to come down here. Let me know if I can be of assistance.

Robert Sher

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Answered on 3/06/07, 2:33 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: paying child support after age 18-reimbursement?

If your daughter is a resident of Maryland, and is her mother who appears to be the custodial parent, then you should really post the question for a Maryland attorney.

You must file where jurisdiction lies. If it is Massachusetts, then you must file a complaint for modification right away.

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Answered on 3/06/07, 5:45 pm


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