Can my sons father file for child support if I have already done so and make significantly less than he does, and have physical?

Asked almost 4 years ago - Elkton, MD

I am in the middle of a tit-for-tat battle with my youngest sons father, we both have filed for custody, I filed for child support and an exparte which was denied and scheduled to be set for a hearing after he is served. However he is also trying to serve me papers as well. It's a mess to say the least. Now I am not unfit and I have been providing all the care for our son since birth. But whenever he gets mad he acts out and files pointless things against me that get thrown out. He turned off my cable, refused to give me my son then changed his mind and made me drive 40 minutes to get him at 11:30 at night. He shows up at my house uninvited with no prior notice he wants to see the baby and demands I give him the baby right then and there unprepared, I have always had our son, I provide

Attorney answers (4)

  1. Thomas E Mulinazzi

    Pro

    Contributor Level 14

    Answered . The Court will consider the first case filed and once the Court realizes there is another case number with the same parties, it will consolidate the cases. Therefore, "yes" he can file for child support after you did but there is no good reason to do so.

    As for the other issues mentioned, it sounds like you need a custody and visitation order to set the times and days that you each have the child. The Court will consider many factors to decide who the child should live with for most of the time. The fact that you have been the primary caregiver for your son will help the Judge to make a decision. You need to consult with an attorney in Elkton/Cecil County who can help you. It's better to get an attorney's advice as soon as possible.

  2. Okiemute C Whiteru

    Contributor Level 10

    Answered . Both parents can file for child support and/or custody. Further, the father can file for support even if his income is higher than yours. The Court will consolidate the cases and hear them at the same time.

    Okie C. Whiteru, Esq.
    Phone: 202 558 6196
    whiterulawfirm.net

  3. Okiemute C Whiteru

    Contributor Level 10

    Answered . Both parents can file for child support and/or custody. Further, the father can file for support even if his income is higher than yours. The Court will consolidate the cases and hear them at the same time.

    Okie C. Whiteru, Esq.
    Phone: 202 558 6196
    whiterulawfirm.net

  4. Robert Daniel Kelly

    Pro

    Contributor Level 20

    Answered . In cases of duplicate filing, judges can sometimes consolidate the cases.

    [In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.]

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