Legal Question in Family Law in Maryland

Re: Child Support Payments and Establishing Paternity

Theoretically your wages cannot be used to satisfy his child support obligation (if he is indeed the father). However, you mentioned that your husband is unemployed. His unemployment will not relieve him of a child support obligation. Depending on the circumstances surrounding his unemployment, the court will likely impute income to your husband based on the potential income your husband could earn if he were employed. Therefore, even though your salary cannot be used to calculate the support, your husband may find himself required to pay the support even though he has no income. Typically the other spouse then steps in and pays the support (even though their salary could not legally be used to calculate the support) to save their spouse from being in contempt of court for failure to pay child support.

Your husband could file for a paternity determination. The court will then order a blood test. If he is indeed the father then he will be required to pay for the paternity test. If not the action is over as far as your husband is concerned. There are also private institutions which will conduct a blood test but you would have to have her agreement to have the child tested.

You may always agree on a child support amount. However, if any action is filed in court by either yourself or from the mother, the court is required to follow the child support guidelines. These guidelines dictate how much support each parent must pay. This amount could be more or less than what you may agree to pay privately.

Your husband has the right to contest paternity as I mentioned above. He also has the right to visitation and potentially custody should he so desire.

If you have any questions, please call my office at 301-652-0663.

Re: Child Support Payments and Establishing Paternity

(1) You are not responsible for a child of your Husband's and your wages cannot be used to pay childsupport. (2) A blood test can establish paternity. Each side can agree to child support. HOWEVER, if you go to Court, the Court is required to use the Maryland Child Support Guidelines. Once the Court has jurisdiction, the parties cannot waive the

guidelines. (3) If your husband is the father, he has many rights, and responsibilities. Consulting with a lawyer would be a good idea.

Re: Child Support Payments and Establishing Paternity

(1)Your wages cannot be a basis for an order for child support to be paid by your husband. However, if he is unemployed the state can require that he get a job in order to pay child support. If a parent is capable of working, that parent, mother or father, can be ordered to pay child support based on what the court finds to be "potential income." (2) If the mother has filed a claim against your husband for child support, he can deny paternity and the court will order a blood test. If it demonstrates that he is not the father, that will be the end of it. If it is demonstrated that he is most likely the father, he will be charged for the blood test and will be ordered to pay child support according the Maryland child support guidelines, which are based on the incomes of both parents. If there is no case filed in the court, your husband could agree to an amount of child support without use of the guidelines. If the mother has filed for any form of financial assistance from the state, including a medical card, the state will pursue the issue of child support regardless of any private agreements, and they will insist on the use of the guidelines. (3) If your husband is the father of the child, he has the right to be a part of her life, to have visitation or even, if he feels it would be in the best interest of the child, to file for custody. And he has, along with those rights, the obligation to support the child.