Legal Question in Family Law in Maryland
My ex-boyfriend and I are in the middle of custody mediation. He hired a lawyer - it was determined that one of our children was not biologically his (he was aware of this before signing the affidavit). We are now attempting to mediate child support and custody, he has hired a lawyer; I had one but do not have the 2K to pay as a retainer.
I agree partially with the mediation - we would have joint legal and I would have sole physical custody of our daughter.
However, his lawyer messed up the child support guidelines and reversed them - so the amount is wrong and he wants it retroactive. Also, as of Dec 30th I will be unemployed since I cannot afford FT daycare anymore. My daughter - the one that this is all about (since my son's case is in the hands of the state of MD now as far as child support goes) will remain in a pre-k program which I will still be paying weekly because I do not want her to go without. My fianc� would be paying for our living expenses and whatnot.
My Questions Are:
1. Since I do not agree to the child support amount due to reversed incomes on the paperwork I am going to address that with his lawyer. Will me not working any more as of the 30th effect this & will they then want my fianc�'s income info?
2. There is a clause at the end of the paperwork stating that he is requesting we split all costs associated with this situation including his lawyer. I obviously do not agree with this since I did not hire the lawyer....
3. Does anybody have any clue how Maryland generally pursues as far as my son's situation?
Thank you!
1 Answer from Attorneys
First of all, you need to immediately explore access to a pro bono (free) or reduced fee lawyer through your county bar association, especially since you will be soon unemployed. If your case is in court and has been diverted to mediation, there is no way it will be approved by the court with an incorrectly prepared guideline sheet. You should indicate zero income going forward, but be ready for a challenge to this since you're voluntarily giving up your job, albeit with some justification. The guideline worksheet should contain his income. Also you shouldn't be responsible for the father's attorney fees. As for your son, if your ex knew he was not his but was supporting him anyway, he may have to continue to do so. Otherwise, the state will summons the bio father into a paternity proceeding and he will have to start supporting your son if he acknowledges paternity or if a dna test verifies it.
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