Legal Question in Family Law in Maryland

I had a short relationship with a young lady who became pregnant and alerted me to such after we stopped seeing each other. I found out she was seeing other people at the time we were 'together'. Because of this, I do not think the child is mine although she claims it is. When her child was born, she had a boyfriend and he has been caring for the child as his own. The child is now a year old. She would contact me on ocassion asking if I wanted to see the child and I said no. I don't believe the child is mine and even if it was mine, I don't want to be involved in the child's life (sorry if it sounds awful but I have no interest in being a parent and I would have to deal with her drama in order to be involved). She got angry that I wont come around, even though her child is raised by her now-husband and considers him the father. Now she is threatening to take me to court for child support if I don't just come up with something to pay her now. I know she would have to prove paternity first. But if it is my child, can she make me be involved in the child's life? Also, I have two other children that I pay support for (I am involved in their life, their mother and I get along well), it's all done through the courts. I pay pretty much the maximum that can be taken from my pay. Will this be taken into consideration if it's my child and support is calculated? If so and I'm already paying the maximum, how much more would she receive or would it be a token amount? She does not work and refuses to work.


Asked on 5/15/12, 6:15 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

The mother can't make you do anything other than pay child support if a paternity test for you is positive. That's done through DNA so is very reliable. As for the support you pay for your other children since it's via a court order that amount would be deducted from your pre-tax income to calculate your responsibility for this child. If the mother is able to work, you could raise the defense of voluntary impoverishment and try to prove what she's capable of earning based upon her experience and skills. The court could impute that amount to her in calculating your ultimate support obligation. There is a schedule for child support found in the MD Code Family Law Article at Sec. 12-204.

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Answered on 5/16/12, 8:28 am


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