Legal Question in Family Law in Maryland

Our son has 50/50 physical and legal custody of his 4 year old daughter through a mediation agreement of 2 years ago. Surprisingly, no child support was ordered. For the past 2 years, my son has had his daughter 6 days/nights a week (some months, all the time). Mother has another daughter (2 yrs old) with "new" boyfriend and says she can't handle both kids. Mother is making noises about wanting child support. Son/we buy all clothes, shoes, toys, etc. Son and daughter have lived with us for past 2 years due to the economy. What proof would we need to show that son has his daughter over 90% of the time or more to forestall mother getting awarded child support?


Asked on 10/23/10, 10:11 am

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

I think you are looking at this situation the wrong way and the mother clearly doesn't under what's she's about to walk into either by making noise about child support. In Maryland, there is NO presumption that the mother should receive child support. In fact, there's a very specific equation that's used to determine whether the mother, father, or neither should receive child support.

In situations where the parents have 50/50 physical and legal custody, and both parents share equally (in a financial sense) in the health, education, and welfare of the child, there's no legal reason to award child support to one parent or the other. With that said, if Mom's situation is now such that she cannot devote as much time, attention, and financial resources to her children, and Dad has taken on that extra burden (with your backing), IT IS LIKELY DAD AND NOT MOM THAT SHOULD BE ASKING FOR CHILD SUPPORT. In addition, Dad is perfectly in his rights to ask the judge to change the mediation agreement and modify the custody arrangement based on a substantial change of circumstances -- e.g., Mom's new child and her inability to care for her 4 year old.

If Mom needs extra money because of her new child, there's an obvious solution to that problem -- she can force her new boyfriend to pay up. It's his kid, not your son's, so it's the boyfriend's responsibility to make up the slack.

Of course, I STRONGLY recommend that your son hire a Maryland family law attorney to discuss the specifics of his situation and represent him in Court. Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 10/28/10, 10:59 am
Richard Lebovitz Richard D. Lebovitz, Esquire

I agree. Your son is entitled to child support, not the mother. He should consult a family law attorney and seek to modify the agreement for custody and child support. It sounds like both parties may have been charged generally with child support from the mediation agreement, if both parties would have the child equal time. I also agree that mother's other child is not his and he has no obligation to support that child.

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Answered on 10/29/10, 10:29 am


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