Legal Question in Family Law in Maryland
Sending and email regarding court order
We have a signed temp order. When the master proposed a new order, my ex gave me CS in accordance with the proposed order. The proposed order doesnt become effective until its signed by a judge. Before, when I thought it would be signed, I sent my ex reminders that he had to pay me that amount. Now that exceptions were filed, and it wont be signed soon, he have to go by the temp order until the proposed order is signed. My ex paid me a higher amount per the proposed order. I want to credit that toward the signed order amount,which means Sept is paid, and he owes me a little more for Oct. Can I send him a reminder without this being an issue in court about what order we are supposed to go by. I want to only go by the signed order because I dont know how long it will be before the exceptions are addressed, if they are addressed at all.
1 Answer from Attorneys
Re: Sending and email regarding court order
If the exceptions are overruled, the new order could be made retroactively effective to the date of the report filed by the master, or some other retroactive date, such as when the proposed order would have been signed had exceptions not been filed. If I were you, and your ex is willing to pay the higher amount while the exceptions are outstanding, I'd be content to accept that. You can always make an adjustment later if the final order is for less than the master's recommendations. But if the amount isn't reduced and is given retroactive effect, you will have an automatic arrearage that you'll have to either rely on him to pay or go after him for. You're better off owing him than him owing you.
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