Maryland  |  Family Law

Legal Question

Asked on: 6/11/13, 3:22 pm

Several years back after a lengthy court battle me and my ex-wife, with the assistance of our attorneys signed a child support agreement which established a court order that was signed and stamped by the judge/court. The agreement stated I would pay a set amount of support until the children graduated high school or reached the age of 18. Included in the agreement was an arrearage balance which I have since paid in full. Also stated in the agreement I would not have to pay anything after the graduated or reach the age of 18. I have since gotten a raise in pay and she has since gotten remarried and has received a smaller raise in pay. The children are 11 and 15 and no longer require daycare which was the biggest part of the child support justification. Since becoming aware of my promotion she has recently filed a petition with the courts asking for more child support. If we have a signed agreement that is ordered by the court is it possible for her to have the agreement broken and subsequently have the child support adjust upward? Not sure if it matters but I no longer live in Maryland but she does. Thanks in advance.

1 Answer

Answered on: 6/11/13, 3:33 pm by G. Joseph Holthaus III

Yes, the order can be modified even if your agreement is part of the order and the agreement itself says that child support cannot be modified. The Court retains continuing jurisdiction and can change the amount of support. If she presents a case and you are not represented then she stands to prevail. Any change in support will be effective as of the date that she filed even though the hearing for modification could occur sometime afterward. You should strongly consider hiring an attorney in Maryland.

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Law Offices of G. Joseph Holthaus 2255 Daniels Road Ellicott City, MD 21043

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