Legal Question in Family Law in Maryland

Pendente Lite Hearing

I have received a letter stating there will be a Pendente Lite Hearing for child support & Counsel Fees.

I am currently unemployed and looking for a job in my field.

I submitted a marital separation agreement to my wife for child support and visitation issues which was promptly rejected. I proposed to pay $400 per month for child support until I can get an adequate paying job.

My question is, why would they not accept this as an interim agreement considering the fact that I am not currently employed and have no assets.

Am I required to go to this hearing?

I have no attorney and can't afford one.

Any ideas on what I should expect would be greatly appreciated.


Asked on 9/11/07, 2:23 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Pendente Lite Hearing

As to your first question, perhaps they hope to prove you are deliberately remaining unemployed to avoid paying child support--the legal term for this is "voluntary impoverishment". You should go to the hearing and be prepared to demonstrate that you are actively seeking employment in your field and at a salary level commensurate with your skills and experience. You should contact the lawyer referral service or bar association in your county to see if you qualify for a pro bono (free) attorney based on your income/asset status. Important rulings are going to be made in your case with long term effects, and you don't want to go to "battle" by yourself.

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Answered on 9/11/07, 2:30 pm


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