Legal Question in Family Law in Virginia

Child Support Laws- Child Support Enforsement

Is it legal for child support enforsement to determine how much money a parent has to pay? My husband has 5 children.And they choose how much the children recieve.


Asked on 12/05/01, 3:24 pm

2 Answers from Attorneys

Carolyn Press Chung & Press. P.C.

Re: Child Support Laws- Child Support Enforsement

Maryland law requires that the amount of child support to be paid be based on the Maryland Child Support Guidelines, and that the Child Support Enforcement office determine what is the correct amount unless that has been done by the Circuit Court in a divorce proceeding. Child support is based on the amount of income of each of the parents, and the number of children. According to the law, parents cannot simply agree on an amount less than what the guidelines require, because, as the courts have said, it is not legal for parents to "bargain away" the rights of the children. Child support is what the children have a right to, not what the custodial parent has a right to receive.

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Answered on 12/06/01, 11:08 am
C. Michael Bradshaw C. Michael Bradshaw, Attorney at Law

Re: Child Support Laws- Child Support Enforsement

Yes it is legal for the Department of Child

Support Enforcement to determine how much child

support each child is to receive. The amount of

child support is determined by calculating the

amount each child is to receive under the

Maryland Child Support Guidelines. Calculation

of the Guidelines are found in the Family Law

Article of the Maryland Annotated Code.

I hope this helps you.

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Answered on 12/05/01, 4:12 pm


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