Legal Question in Family Law in Maryland

Child Support payments

My husband has paid child support for 12 yrs to daughter's mother. Not court ordered, just based on verbal agreement they have. Past 2 yrs. he has been unemployed due to health issues. Currently not getting any unemployment benefits, no benefits of any kind. As his wife, I have been helping make his child support pymts for the past 2yrs. or so. Mother is threatening to take him to court, she feels pymts are now not enough. Can she go after my income based on theory that I have been helping support her daughter? And what can the court make him pay - he has absolutely no income and we have no savings? Prospects of him working again are like several years away.


Asked on 10/05/07, 9:57 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Child Support payments

Despite your generosity, the mother cannot collect child support from you. But your husband may be ordered to pay a minimal amount, even if he is genuinely unable to work. Perhaps he's eligible for social security disability--have you investigated? Such benefits are considered income for the purpose of determining a child support amount. Remember, child support is for the benefit of the child, not the custodial parent. And if a court were to determine that he is capable of earning income despite what you say, he could be ordered to pay an amount based upon the income the court determines he's capable of earning.

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Answered on 10/05/07, 10:12 am


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