Legal Question in Family Law in Maryland

Can my stepson's mother use my income for child support?

My fiance and I want to get married, but due to problems with my fiance's ex girlfriend ''Nikole'', we have had to postpone. Nikole got married in November, and when I mentioned to her that we were trying to set a new wedding date, she said ''Oh that's great! Now I can use both of your incomes to get more child support!''

Can she really do this? I make more than my fiance does, and they already take 34% of his check. We can barely afford that as it is. If she can take part of my income, we won't have enough to survive on.


Asked on 2/05/06, 7:09 pm

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: Can my stepson's mother use my income for child support?

Under MD law, the income of a parent's spouse is not a factor in the computation used to determine the support to which a child is entitled under the Maryland Child Support Guidelines. A court setting or modifying a child support award does have a limited amount of discretion to deviate from the guidelines, but I wouldn't worry about this. Besides, doesn't Nikole's new husband earn income? If she's going to try to bring yours into the picture, the same would apply to his.

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Answered on 2/06/06, 9:38 am
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Can my stepson's mother use my income for child support?

If you don't plan carefully then it is a possibility that the mother of your fiance's child can seek and be awarded an increase the child support payment.

You need the advice of an attorney to help you arrange your finances so that the additional income is not available to "her." There are various methods of allocating or structuring income to reach the goals you desire. My caveat here is that the interests of the child must be first and foremost and you fiance should be carrying the proportionate weight.

Look past how completely crass of her it was to point out that she has such nefarious intentions. This has provided you the opportunity to head off the problem before it arises. And imagine the look on her face when she realizes you won.

If I can be of assistance to you in this matter please feel free to contact me at [email protected].

Regards,

Roger Traversa

Arjont.com

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Answered on 2/05/06, 8:45 pm


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