Legal Question in Family Law in Maryland

Does power of attorney transer child custody

Xwife gave me special power of attorney for a year for our two kids. My daughter 15 is in a residential treatment center and my insurance runs out soon. Then they will want to take child support from me. My X doesn't pay me child support but she is the custodial parent. I've paid child support for both kids for 16yrs and 14yrs and she is in the military and hasn't paid me anything since she's turned them over to me. This case is very convoluted so I'd love to talk to someone at length. The only paperwork we've used since our divorce was our separation agreement in japan. She never filed any paperwork in the states so I'm wondering if I was legally married or divorced since both took place on a military base in japan. My Daughter who isn't mine biologically but I'm on the birth certificate is in an RTC here in MD. My X wife is doing a remote assignment in korea and doesn't think she needs to pay me child support even though I've paid her for all these years. I need any and all advice... I have a court hearing with Social Services in Feb and would like to know if they can go after my X since she is the custodial parent? Thanks!!


Asked on 1/14/08, 8:00 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Does power of attorney transer child custody

If you are paying child support through the divorce, she has no legal obligation to pay until a different arrangement is made. Once she turned the children over to you, you should have filed a petition to change custody and to start the child support coming to you. The military is usually cooperative in these situations and they would have set up an allotment so the support would be taken out of her paycheck and sent to you. You could do this now, but the court could only award you support from the date you file the petition going forward, so the sooner you do this the better. An experienced family attorney will be essential to get this accomplished for you.

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Answered on 1/15/08, 10:46 am


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