Legal Question in Family Law in Maryland

Sole custody and TANF

My husband was granted sole custody of his 3 children on December 24,2002 by a judge in Maryland after his ex dropped the children off at a military installation and left. Since that time she has supposedly gotten herself together and on the right track. She asked for the children back and he agreed just temporarily to see how things would be for a while. He has also been paying her 400.00 a month since they have been back with her. She has enrolled two of the children in school but she is refusing to work and has applied for TANF. Even though she has had the children living with her in Tennessee since June of '04 is the order that was entered in Dec '02 granting my husband sole custody of them still good, although she has had them now for 8 months and will my husband be required to pay that TANF back to Tennessee although he has sole custody and is paying her 400.00 a month?


Asked on 2/20/05, 5:08 pm

2 Answers from Attorneys
Wayne Comer Wayne E. Comer, Esquire

Re: Sole custody and TANF

I am not sure I have digested all the "fine print" of your memo but I will state some "principals" and you might decide if they apply.

A. An child custody support order from a "court of record" having jurisdiction when order entered is effective until modified by some court which

THEN has jurisdiction.

B. I have not recently checked the Uniform Jurisdiction of Minors Act (now applied in most states of US) but, at the risk of "guessing", I believe that Act would show that Tenn. now has jurisdiction.

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Answered on 2/20/05, 5:47 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Sole custody and TANF

You ask a Virginia lawyer to answer a Maryland question so first off I do not practise in Maryland or know it's law but domestic law is pretty much the same all over the country. I will answer the question as if I applied VA law.

Yes the order is good and yes he will have to pay back the TANF.

An order is an order until it's changed by an order. He can go get his kids without any further court action. Anytime his kids receive government aid he is responsible for the debt. If she received it by fraud then she can be prosecuted but that doesn't extinguish the debt obligation.

Good luck.

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Answered on 2/20/05, 9:49 pm


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