Legal Question in Family Law in Maryland
My ex pays child support but last dec I found out he was sent overseas with his guard unit and may be there for almost two years.
He refused to report his additional income since he is now considered full time military which increases his pay by $3k per month.
I filed for a modification dec of 2010 and the case was "stayed" until sept of this year because thats when he was originally supposed to come back. My child will be 18 in oct of this year.
What happens if he does indeed stay over there another year? Can I still go back to court for the modification even after she turns 18? Will the court stay the case again until he comes back?
2 Answers from Attorneys
The Court has the ability to order that your husband retroactively pay the increased amount (assuming you win the motion for modification) from the time he started earning it (December) through the time your daughter turns 18 (I'm assuming that's when the custody order states your ex's obligation to pay child support ends). Even if your ex turns right around and is sent overseas again and your daughter turns 18 during that time, that doesn't get him off the hook. Be patient, you will get your day in Court.
Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.******
Your daughter is entitled to child support even after age 18 if she is still in high school. It would continue until she graduates or turns 19, whichever happens first.
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