can a judge impose a higher child support obligation on non custodial parent?
My husband lost a case yesterday and the judge was very rude to him. I have a feeling he is going to impose a much higher rate for child support we have two daughters and he has another daughter that he pays for as well as his two sons that he lost custody for yesterday. So in total 5 children.
Can a judge do this?

Is your husband paying child support as set out in the guidelines?

What was the judge's reasoning for his ruling?

his ruling was because he didnt feel that my husband made appropriate attempts to gain custody. As far as support once the mother died the suupport stopped but now will be re in stated back to her death for the grandparents so he will be put back in arrears. i have a feeling this judge is going to impose a higher than normal amount. he HATED my husband. It was obvious

Well, he can order a higher amount, but why didn't your husband think that he should pay child support to the people that cared for his children instead of him caring for his children?:confused:

He has no issues with paying child support. He has been paying all along up until the notice of the custody we had child support stopped (checks were be issued to the decedant since Child Support didnt know and were not notified that she passed away) and offered to pay the GP's but they didnt want to take the money from him. I feel he is the biological father he has a right to raise his children. With so many absintee fathers not wanting to be a father here is a man who wants to and has always wanted to but still is being told NO.

And, why didn't he get his kids the moment their mom passed?

Most states allow deviation from the CS guidelines by the court/judge.

The gp's wouldnt let my husband have them they already started a custody case against him seeking full custody but the judge ruled that the best interest of the child were being with GP's in Maryland best interest applies although I feel that the judge did not weigh best interest properly. we are younger, we live in a far better neighborhood, we can do more for them and fully participate in their lives but that is not how judge saw it. He felt my husband had been out of their lives too long and that it would be detremental to the kids to stay with us. The kids had to give a testimony they are only 9 and 11 which I feel is a bit young to know whether or not whats in the best interest for yourself. The judge I feel was way off in his decision. I know that the kids are going to find themselves in trouble in a few years because their grandparents are not gonna be able to handle things once they have a mind of their own. Its hard enough for parents to keep their kids in line

Meaning they can make it higher?

Meaning they can make it higher?

Technically, yes, it's possible. Your husband should fight any attempt to order higher than the guideline amount. As things are right now, the kids will be supported by 3 sources: the SS benefits from thier deceased mom, your husband's CS, and the grandparents' income, so there's no reason for the court to deviate upward from the guidelines.

I'm so sorry that your husband lost the custody case, is there any way that he can appeal? It seems so wrong that grandparents were chosen over a natural legal parent, especially when it is so obvious that the Grandparents deliberately withheld the info about thier daughter's death from your husband and the state CSE agency.

Thanks we are going to appeal it. The judge says that the gp's shouldnt have had to worry about contacting him since it had been 9 years since they saw him. I admit my husband probably should have tried harder but really he felt just beaten by everything the system, child support, you name it. so he didnt do all that was needed. this judge hated him for it and that is why I worry that he is going to stick it to him? not sure we have to wait and see but in the mean time Im getting a part time job.

Thanks we are going to appeal it. The judge says that the gp's shouldnt have had to worry about contacting him since it had been 9 years since they saw him. I admit my husband probably should have tried harder but really he felt just beaten by everything the system, child support, you name it. so he didnt do all that was needed. this judge hated him for it and that is why I worry that he is going to stick it to him? not sure we have to wait and see but in the mean time Im getting a part time job.

I'm glad he's appealing. I forgot to ask, was any visitation order given, or mentioned at all in court?
If not, your husband can attempt to visit using the previous visitation order, if the GPs refuse he can then file for an order.

He is correct to be worried about what this particlar Judge will do about the CS, which is why he definately needs an attorney. In addition he needs to read the laws and use the CS calculator to have an idea of what the correct amount should be. I believe your state is an income shares state so he can use the SS benefit amount as the CP's income.

he gets to see them one weekend a month he has to drive from Richmond to Baltimore there is no half way point. He gets to have them one week a year and that is it. No holidays nothing.

The gp's wouldnt let my husband have them they already started a custody case against him seeking full custody but the judge ruled that the best interest of the child were being with GP's in Maryland best interest applies although I feel that the judge did not weigh best interest properly. we are younger, we live in a far better neighborhood, we can do more for them and fully participate in their lives but that is not how judge saw it. He felt my husband had been out of their lives too long and that it would be detremental to the kids to stay with us. The kids had to give a testimony they are only 9 and 11 which I feel is a bit young to know whether or not whats in the best interest for yourself. The judge I feel was way off in his decision. I know that the kids are going to find themselves in trouble in a few years because their grandparents are not gonna be able to handle things once they have a mind of their own. Its hard enough for parents to keep their kids in line


Was you husband seeing his children before their mother died? If not, how long had it been since he had seen them and why didn't he see them? Was there a Custody order in place?:confused:

Was you husband seeing his children before their mother died? If not, how long had it been since he had seen them and why didn't he see them? Was there a Custody order in place?:confused:

OP's husband's ex took off with the kids, he was paying CS so he couldn't afford to hire a PI to find them. It had been several years since he'd seen them. He didn't learn of the mother's death until many months after, and then it was only because the GP's were forced to notify him by the SSA before they could get survivor's benefits for the kids.
From OP's other posts, her hubby had some proof of all this (including the GP's own admission in court that they would have never told him). The Judge should have taken all of this into consideration, and could have issued a temp custody to GPs with a "get to know each other" period of visitation, then give the father custody later. Unfortunately the Judge didn't do anything but screw both father and kids. I personally hope that an appeal will work for them.