Legal Question in Family Law in Maryland
Unwed father wants to make support payments for child in Maryland
My son would like to know what he needs to do to find out about making support payments for a child that is due in November. The mother lives in Maryland and he lives in Virginia. He would also like to know about adding this child to his health insurance policy and how that effects support payments. He would like visitation with the child after it is born and would like to initiate custody proceedings. Can he begin these things before the baby is born to insure timely payments, coverage and visitation?
1 Answer from Attorneys
Re: Unwed father wants to make support payments for child in Maryland
Your son will have to wait until the child is actually born to pursue insurance and visitation. If he puts the child on his health insurance it will lower his child support payments somewhat because he does receive a credit for those payments, put it is not a 100% credit for the insurance amount. Child support is based on the combined income of mom and dad and then the ratio each contributes to the combined income. That percentage is then applied to the state's child support amount. Maryland is the proper jurisdiction to file for support and visitation since that is will the child is living with Mom.
He should file for visitation in the county in which the mother and child live. There will be a hearing. That being said the best thing to do is to settle on visitation out of court and have that agreement turned into a court order. That will allow him visitation. Without a court order she can deny him visitation without trouble. Settling out of court obviously saves him a legal fees and also animosity with the other parent, but if she refuses to sign an agreement he will have to take it to trial.
I hope that I have answered your questions. If you have further questions or concers, please call me at either my MD office at 301-652-0663 or my VA office at 703-968-3974.