Legal Question in Family Law in Maryland

Modification of Child Support

My ex was laid off from his job and is working part time. We we went to trial last month and he volunteered to pay based on what he was likely to be paid if he was working full time again. At this point he still has not found full time employment. In two months I will be going back to work full time and need to put my child in daycare.

My ex has already stated he doesn't have the money to pay any more than he currently is and would get the amount lowered if he could. If I file for a modification will a judge go by my ex's volunteered income or will he go by what he is actually currently making? Also, can I file the modification before my child actually starts daycare if I already have a written contract from the daycare with the start date so that I can get the additional support starting on the date that daycare begins?

Asked on 12/20/03, 7:01 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Modification of Child Support

If the court finds that your ex "voluntarily" is under earning what he's capable of, it will make him pay based on his potential earnings. He will claim he's making a good faith effort to find full time work but just hasn't been able to line anything up in his field. You may have to show that he's turned down higher paying jobs or not aggressively followed up leads that might have led him to a full time better paying job, in order to convince the court that it should impose the higher amount. Regarding day care expenses, a signed contract will suffice to establish that expense.

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Answered on 12/22/03, 10:16 am

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