Skip to main content

Child support modify because income changes lower for mom. Father has filed an excemption because he has a new baby on the way

Columbia, MD |

Can he file for an exception on paying the new awarded amount because of this??? His other complaint is that he re-married a woman with 2 other children and has to also care for them.

+ Read More

Attorney answers 2

Best Answer
Posted

I think what you are referring to is that the father has filed Exceptions to the Report and Recommendation of the Master for Domestic Relations. He had a hearing before the Master, and was unhappy with the outcome, so he is essentially appealing the finding to the Circuit Court. If that is in fact what is happening, don't worry. In my experience, Masters' findings are upheld by the Circuit Court about 95% of the time. Generally speaking, the Master had to be wrong as to his/her application of the law for the Circuit Court judge to reverse the Master, and that hardly ever happens. Also, if this is an Exceptions Hearing, the rules that govern the proceeding are very strict, and people representing themselves rarely follow them correctly. This may mean that his case will get dismissed on procedural grounds without a hearing. Among other things, he is generally required to purchase a transcript of the proceedings before the Master. This is an expensive proposition, and deters many people from following through on their Exceptions.

If he is represented by an attorney, you may want to hire one, also, to level the playing field. If his only argument(s) are that the Master should have allowed for a downward deviation in the Child Support Guidelines amount because he is supporting two other children who aren't biologically his, you are probably fine because the law is clear on that. He isn't entitled to a credit for that, and the Guidelines are presumptively correct under Maryland law, requiring the court to specifically find that it is in the best interests of the children to deviate upwards or downwards from them. Hope this helps!

This advice does not/is not intended to establish an attorney-client relationship. This advice is general in nature, and is naturally limited in scope and applicability to the limited factual scenario presented in your question. This advice should not be relied upon by you and you should take no action as a result of this advice unless and until you have met with the advising attorney and apprised her of all pertinent facts associated with your inquiry. You should immediately consult with a licensed attorney for advice specific to your case. Moreover, as reasonable minds often disagree, you may find that advice rendered to you based upon your circumstances may vary based upon the opinion(s)/experience and other intangible factor(s) comprising the experience and knowlege of the advising attorney. You are, therefore, encouraged to seek another opinion. Reliance on the advice given in this answer is entirely at your own risk, and you specifically agree that there shall be no liability whatsoever or redress for you, of any sort, for any damages or other cause(s) of action against the advising attorney.

Asker

Posted

Yes this is exactly what is going on. Thank you! He has been complaining on paying child support since last year when our divorced got final. He is upset because the child support comes directly out of his pay check and would rather pay on his own. I have gotten constant threatening emails because of this. I also found out that one of his complaints to the court is that since I got layoff from work last year I should have found another job that would pay the exact or greater amount as I was making. I recently started work again but he is upset because I took a job that pays me not as much as I used to make. I see it as I need to provide for my child anyway possible and as long as I am working and doing so I shouldn’t be penalized. I just wanted to make sure my daughters support would not be affected by this latest excuse...

Judith Adrienne Gillett

Judith Adrienne Gillett

Posted

I'm so glad my answer was helpful to you. In order for the support amount to be affected by your lower income, he would have to prove to the court that you have "voluntarily impoverished" yourself by deliberately taking a lower-paying job to manipulate the child support guidelines calculation. This is almost impossible for him to prove, especially considering that the local judges are aware of current economic conditions and the horrible job market. Worst case scenario -- be prepared to demonstrate what you did to try to find a job, eg., where you applied, how many interviews you had, and what the salaries/hour rates were. You should be fine.

Asker

Posted

Thank you so much you have been very helpful... Thanks for doing this and helping others like me.

Judith Adrienne Gillett

Judith Adrienne Gillett

Posted

My pleasure!

Posted

Your question is poorly worded and very difficult to understand. I don't know what you mean by "exemption". There is no such thing as an exemption to paying child support. The only case that I can think of in which a party may be immune to paying child support is when he or she is unemployed and is caring for a child OF THE PARTIES who is under two years of age. In that case, the court will not be able to find that such parent is voluntarily impoverished because he is not working. But such immunity is only temporary until the child reaches the age of two.

The fact that he has committed to caring for another woman's children is irrelevant to his duty to support his own children, so his defense on that additional basis is groundless.

Again, your question is very unclear. You should probably talk to an attorney in person for detailed advice regarding your case.

Asker

Posted

Sorry you did not understand my question. But I was able to get my answer from the other lawyer. Thanks

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer