Child Support Modification in Maryland

[wadadli]

Background info:

In August 2005, I went to child support court with my ex for child support for our now 1 year old. He was awarded to pay $823 plus $177 a month in arrears for a total of $1K per month.

He is now expecting another baby next month (that's right you read correctly) and now has filed a motion to have my daughter's support reduced because of this new child. Does anyone know how percentage (%) modification I will be looking at? It's bad enough that daycare if soo freaking expensive ... him having another child and expect my baby to suffer because he refuse to use a condom.

Additionally, since her insurance doesn't cover all services I am responsible for paying a yearly medical deductible of $500 plus pay 25% of what the insurance doesn't cover. I've use the extra money from the $1K I receive monthly to help pay the diffference in medical. Will I be greedy to ask the court to have him pay 1/2 since he is now seeking a modication?

Thanks in advance

[mom26]

well there's nothing wrong with him fathering another baby.

[Tahari]

well there's nothing wrong with him fathering another baby.

I think she was commenting on the fact that the children will be a year apart.

[mom26]

Ok I See. I have been there and that does suck but you learn to move on I did it took a while but we managed.

[stepmominTX]

?

And what about him fathering a baby with u? Condom not work there either?? I sense a little hostility on your part towards this new baby
Pretty insensative to berate him for fathering another child when you have one with him too.....
2nd or 3rd children have just as much equally as the first...................
CS should be lowered when the NCP as another child......not the 2nd child's fault that his/her father already had a baby with another women... just like it is not the first child's fault his/her father is having another baby with another women... They are children and deserve to be treated equally with love and respect and equal support!

[rini]

info

hello

i took a quick look at the guidelines for you.

Maryland does factor additional children in support calculations but there are no set guidelines

my guess from the figures that you posted are that you were either responsible for 25 % of the net income that support was derived from (in that case you really should not be hit very hard with a support decrease.

the other possibility is that there was no income put in for you because the child was an infant and in this case there are 2 different scenarios.

your ex makes really good money which is not unlikely in the area you live in. Maryland has a great income base (but high cost of living)

If there was no income put in the child support calculation for you and you have since started working you could have a large decrease.

His new wife is not required to work under the guidelines until the child is 2.

But since you have started working you will be required to continue working or your wages will be imputed at what you are making now anyway. You have set the status quo. I am presuming here that your day care is for working and not school but i could be wrong.

I am also assuming that the arrearage of 180 will be decreased because after taxes he is entitled by federal law to keep 60% of his income and can argue that the new child is entitled to 50% of what is left of the remaining 40% left for the support of (child(ren). How literally the judge follows the law is dependant upon recent decisions in your state's higher courts and how willing that same judge is to write out a decision explaining his findings based on the facts presented at trial.

Do your best to document all your expenses including daycare and medical.

Present all of your evidence to the best of your ability.

With the incomes i saw on the guidelines he makes a lot of money so I really would not be terribly concerned unless for some reason they miscalculated at the last hearing or you just got a really good job and are making alot more money than you accounted for at the last hearing.

Just out of curiousity what are his grounds that he listed for modification????

According to MD statutes he must be eligible for a 25% deviation to even apply for it. So I am wondering if they calculated it wrong in the first place or if he really makes that much a month.

rini

[wadadli]

Additional Info

Hi Rini...

Here's a bit more information...

According to the court orde date 08/2005, I am responsible for 46.1% of my daughters care, her father is responsible for 53.9%. Maryland factors both parents income not just the NCP. In September, NCP hired an attorney and filed for a Motion to vacate support order for the following reasons:

1. He was not represented by legal counsil
2. The judge was biased in his decision
3. The court used 1 check-stub to determine child support instead of his 2004 tax return.

His motion was DENIED however the court did schedule the case for another review in the original judges courtroom. In early December, we went back to court -- and my daughter's support was reduced by -$13.00 per month (I had recently purchased new insurance and her premium was much lower than when we orignally went to court). And I moved to Texas in October, so my income was less than I made in the DC area.

He wasn't pleased with just a -$13.00 reduction and lawyer did a piss-poor job of trying to have the judge reduce the support even more because he makes less money in the winter than the warmer months. The judge told my ex that he should save money in the warmer months (when he makes most of his money) to make up for the slowdown in the colder months (now that was funny).

Then his attorney tried to have the judge schedule another hearing to get my child support reduced based on him expecting a new baby with his new girlfreind in early January 2006. The judge declined to set a new date, instead informed them that they can file the necessary motion after the child is born. Only then will the court review the support order and determine if a modication should be done.

BTW, he always pays $532.00 a month in support for another child with his first ex. So right now he's paying me $1000.00 per month and his first ex 532.00 per month in child support.

I truly do feel sorry for the man but he is dumb enough to complain about child support payments he is currently paying and still decide to have YET another baby.

[[email protected]]

A Response

Please don't feel sorry, because sometimes men do these things counting on the fact that he will have to pay less for your child to make a better life for themselves. I am currently going through child support with a man who is the father of my four children who has cheated on me and fathered other children and married a woman whom he cheated on me with.

When he found out that I was taking him to court for child support, he purposely ignored the order to show up for the hearing. He went out and bought a home, a brand new car and moved the thing he married and her five children into the home in an effort to show his financial obligations. We had a mutual notarized agreement for him to pay me $1400.00 a month, once he bought the home, the car, and her and her children moved in then he went and changed the military allotment to $900.00 stating that his bills were getting behind while his wife stays home and sits on her butt all day.

So, don't feel sorry and as for my children father, he will get his in time. I just continue to have faith in the Lord and all things will be worked out, especially when the state I live in already told me that he will most likely be ordered to pay close to $3000.00 a month. I wonder what his bills are going to look like then?

Keep your head up and trust in God.

[Tahari]

Please don't feel sorry, because sometimes men do these things counting on the fact that he will have to pay less for your child to make a better life for themselves. I am currently going through child support with a man who is the father of my four children who has cheated on me and fathered other children and married a woman whom he cheated on me with.

When he found out that I was taking him to court for child support, he purposely ignored the order to show up for the hearing. He went out and bought a home, a brand new car and moved the thing he married and her five children into the home in an effort to show his financial obligations. We had a mutual notarized agreement for him to pay me $1400.00 a month, once he bought the home, the car, and her and her children moved in then he went and changed the military allotment to $900.00 stating that his bills were getting behind while his wife stays home and sits on her butt all day.

So, don't feel sorry and as for my children father, he will get his in time. I just continue to have faith in the Lord and all things will be worked out, especially when the state I live in already told me that he will most likely be ordered to pay close to $3000.00 a month. I wonder what his bills are going to look like then?

Keep your head up and trust in God.

I am in a similar situation. my ex has fathered yet another child after my son was born. He was most likely going to be paying around 1400 a month, but we will see now at the next court date now that htis is his fifth child.

[rini]

yikes

hello

well the courts will have to add the amounts he pays and from what i saw his gross is around 5500 to 6000 or more a month I am guestimating here but with support calculations in play for 3 different kids he could very likely get a deduction.


then again the judge could say put a knot in it and suck it up bud

you just never know especially with no written guidelines

rini