Legal Question in Family Law in Maryland
Prepaid Child Support
In 1992 my ex asked for $20,000 for child support, in return she signed a statement saying she would never ask for child support for 11 years or 2003 when the kids are 18. my child support payments were court ordered. I agreed, everything was fine until i got contempt papers for not paying child support. Questions: My income was cut in half in 1993 so support should change but i didn't do anything because of our agreement can i do it now based on 1993. is there any time limitations on her coming back at me. And if i didn't give her the money and just kept making monthly payments am i entitled to the interest on the $20,000 i would have saved. Basically do i have any legal rights???
2 Answers from Attorneys
Re: Prepaid Child Support
If you can present the agreement regarding the advance payment of child support and evidence that you did in fact pay the $20,000 in advance, you might convincae the child support enforcement office that you are not in arrears. Normally when child support is court-ordered, payments are made through the child support enforcement office, so they can keep track and be sure payments are made, and I suspeact they will not be happy about the arrangement you made with your ex-wife. How the court reacts to your claim that you have paid the child support in advance may depend to a large degree on the specific language of the agreement. I hope it makes it crystal clear that the $20,000 was pre-paid child support.
Re: Prepaid Child Support
You can ask for a modification based on changed circumstances, but not retroactively. Your ex can seek unpaid child support going back to the date of the original court order. She can ask the court to enforce it against your paycheck if you're employed.
I don't understand why you were ordered to pay child support if you gave her $20000 in case for support as part of an agreement. Are you sure the $20k wasn't a property settlement?
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