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Question: I have been ordered through the Virginia State Child Support office to pay child support to my former spouse who is currently residing in Montgomery County in Maryland. I need to have an adjustment hearing due to the fact that I am currently the Primary Provider for 3 children whom I have adopted legally in Ghana. What are the prerequisites for earning an adjustment? Please accept my advanced thanks for your support. Answer: Every state will have different guidelines for child support modifications. I am not licensed in Maryland or Virginia. They may have different guidelines in each state. I cannot surmise from your question if your child support is an order from MD or VA. First, you must determine that then contact an attorney in that state. Usually modifications are based on change of circumstances, usually income. However, subsequent children may be factored into the equation. I would also recommend using an online calculator to give you an idea if your support will change.
This Wednesday and Thursday evening The Department of Human Resources will seep public input on proposed revisions to Maryland's child support guidelines.
One of the issues to be discussed is the minimal dollar amount that a low-income, non-custodial parent requires for his or her own shelter, food and clothing.
Question: We do not have anything from the courts here in Maryland. I would like to know how I set up auto withdrawal from State of Maryland job as a Correctional officer; I am currently sending money orders. I am paying $400.00 per month my yearly salary is $xxx my wife makes $xxx per year at her full time job and about $xxxx or more per year as a Preacher. Thank You, John Dyson 64th Avenue No. 5 Riverdale, MD 20737 (240) 582-7769 home (860) 818-7664 cell Answer: First, I must tell you I am not licensed to practice law in Maryland. I am not sure what you mean by "we do not have anything from the courts here in Maryland" Do you mean there is no court order for child support or that it is not an order out of Maryland? If there is no court order then you need to determine if getting a court order is in your best interest(it usually is). If the court order is from another state, contact that state. You should be able to pay by income withholding or through an EFT( money taken directly from checking acct). Contact the child support clerk in the county issuing the child support order.
Question: My ex wife filed a motion in Indiana(Madison County) to Localize and Grant Full Faith and Credit to the State of Virginia Divorce Decree in 1998. We were divorce in the state of Virginia and I was ordered to pay $380 per month child support. My daughter reached 18 last August and graduated from high school, However Indiana is still making mepay child support. Virginia law says you pay child support until 18 or 19 if not completed high school. Indiana law is child support until 21. Who has jurisdiction Virginia or Indiana? I wrote a letter to the prosecutors Office, Madison County(Indiana) stating Virgina has jurisdiction, however they never contacted me back and continue garnishing my paycheck. Answer: If your divorce was granted in Virginia and solely moved to Indiana for the purpose of enforcing the Virginia Order then Virginia law should apply. Meaning that Indiana has the power to enforce the existing order but any modification of the Virginia Order should be pursuant to Virginia Law. I am making the assumption that child support order was registered under UIFSA (Uniform Interstate family Support Act). If it was registered under another provision it is possible for Indiana Law to be applied. You should have an attorney look over the Court order to know for sure.
Question: My ex and I have joint physical/legal custody. About 9 years ago she went through a second divorce and asked me to take care of our son until she got back on her feet. She basically stopped paying support for 16 months. Then made partial payments on and off until last year when she stopped paying all together. She moved farther away, making the original joint physical logistically impossible during school. Then about 6 years ago, she moved to another state. She has not had a single overnight visit in the past 4 years. She never calls on her own, and rarely returns my son's calls. I would like to recover the back child support, have the calculation adjusted to reflect "reality" my full time care of our child, possibly have the "joint physical" overturned since it was possibly something she pushed just for monetary reasons. Do I have a case? My divorce stated we must attempt mediation first, I can't get her to take my calls much less agree to mediation. I suspect that she will insist on her having her joint overnights when she gets the summons, I've delayed doing anything about this because I love having all of this time with my kid and hate giving him to someone not interested in being a parent. A buddy told me I might have to go back to joint physical if she insists she wants to have another chance. Do I have a case? Should I attempt mediation first? Is there a risk that I would have to share physical with her again? Thanks. Answer: Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Maryland. More than likely you will not have to share joint custody with her if the two of you went back to court. She has been very absent so the court may not enforce her rights. You certainly have the right to enforce the child support obligation. Also you must at least attempt to mediate, so sending her a letter requesting she pay the back child support and request to go to mediation to resolve this issue. This should get you over the mediation hurdle if she refuses to mediate with you.
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