Legal Question in Family Law in Maryland

We reside in Maryland. My son is now 18 (April 26,2015) and we have our daughter (16). We need to recalculate child support. We have 50/50 custody, however since about Sept 2014 my daughter now lives with me 90% of the time. She may spend < 10 overnights /mo at her fathers house. His est gross income is ~$5000 and mine is $3500-4000. Which has more bearing on support amount, the number of overnights spent or the actual legal custody. If my daughter is spending 90% of time should that not be considered due to the added expense ? Please advise. Thank you.


Asked on 5/05/15, 9:34 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

If your son is graduating from high school this year, your child support obligation to him ends then. If he has another year to go, it continues until his 19th birthday or until he graduates, whichever event is sooner. With respect to your daughter, physical custody is what determines the split between the parents. If there has been a significant enough change in this from the time the support amount was originally calculated, you could attempt to negotiate an adjustment with the father using the support guidelines for shared custody, or failing that, file a motion to modify.

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Answered on 5/06/15, 6:53 am


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