Legal Question in Family Law in Maryland

My salary is greater than the maximum listed in the guidelines, 10K/month. I voluntarily increased my payment from 1845 to 2026, which is the corresponding value in the chart. The guidelines say more support is left to the discretion of the judge. I am now being asked by my ex's attorney to provide proof of income.

We have 3 kids, 16, 14, 11. I pay for weekly tutoring for one of them, any excessive medical bills, summer camp, etc. There has been no savings for college made by the mother, despite my constant requests to plan something.

Obviously I don't want to give her any more money, cause it's money, but also because I don't believe that additional support will go toward the children's needs. They are well taken care of already, and I'm saving for their college.

Is there anything to do here? Does it benefit me to have representation, or is a judge simply going to extrapolate the formula for support onto my salary regardless?


Asked on 6/21/11, 7:34 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

You didn't mention it, but you should definitely have a written agreement in place for these issues. Hopefully you did one at the time of the divorce. If so, there should be language in there that deals with modifications. Either way, it would be very wise to consult with an experienced family attorney before sending any income documentation to your ex's attorney. The law requires a party seeking modification of an amount set by court order to show a substantial change in circumstances justifying an increase or decrease. Given the discretion vested in the court, the fact that you are providing some direct benefits should be factored into any adjusted amount. You have at least 7 years to go before your youngest is emancipated, so there could be some significant $$$ involved.

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Answered on 6/21/11, 7:52 am


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