Legal Question in Family Law in Maryland
Retroactive support
In my last question I was referenced to the child support guidelines but found nothing in there that legally supported my motion to be granted retroactive child support from teh date that I filed. I believe my son is entitled to this support and it is common in MD court to award CS from the date of filing. So can i use this arguement? If not what legal jargon can I present to show the court it overlooked addressing this when the master issued the recommendations.
1 Answer from Attorneys
Re: Retroactive support
Section 12-101 of the Family Law Article addresses this issue. Specifically,
"(a) Awarded from time of filing of pleading.-
(1) Unless the court finds from the evidence that the amount of the award will produce an inequitable result, for an initial pleading that requests child support pendente lite, the court shall award child support for a period from the filing of the pleading that requests child support.
(2) Notwithstanding paragraph (1) of this subsection, unless the court finds from the evidence that the amount of the award will produce an inequitable result, for an initial pleading filed by a child support agency that requests child support, the court shall award child support for a period from the filing of the pleading that requests child support.
(3) For any other pleading that requests child support, the court may award child support for a period from the filing of the pleading that requests child support."
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