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WALLSTREETESQ
WALLSTREETESQ, Lawyer
Category: Family Law
Satisfied Customers: 17080
Experience:  10 years experience, AFL-CIO UNION PLUS, UFT LAWYER FOR FAMILY, IMMIGRATION AND CRIMINAL LAW
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My fiance is late in his child support to the tune of about

Resolved Question:

My fiance is late in his child support to the tune of about $3500.00. (He has one child, 7 yrs, and is supposed to pay $600.00 per month). Mostly because he hasn't had any work (self employed) but also because he has been seeing a pain management specialist for severe lower back pain and hase been diagnosed with Digenerative Disk Disease and most recently been diagnosed as being Bipolar. He is a siding contractor and truly has not had much work for about a year as I have been supporting him. His ex took him to court and the judge at the hearing scheduled a court date in December for his trial. His ex did not check the box to have him incarcerated at the hearing so my questions are....Will he be incarcerated at his trial? With his disabilities and work situation, can he get his child support reduced? Also, he violated an ex parte and harrassed his ex 3 years ago. He had to go to anger management classes and AA. He completed everything he was supposed to and the Sheriff's returned his guns to him. I have been living with him for 3 years and have not had any issues with his temper. What are the chances that he could go from supervised visitation to unsupervised visitation?
Submitted: 6 years ago via ChildSupportLaws.
Category: Family Law
Expert:  WALLSTREETESQ replied 6 years ago.

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification.

 

In regards XXXXX XXXXX he will not have a problem, as child support and visitation are not connected and their is no underlying actions which would show that he is a threat to his child.

 

In regards XXXXX XXXXX child support he will have to prove he lost his job and that his medical situation makes him hard to obtain new employment.

 

Under Maryland law, when the Judge determines the non-custodial parent did not pay child support and the parent has the ability to pay his/her obligation. Civil contempt may include incarceration, if he can show he did not have the ability to pay he will not be sent to jail. He should have filed a petition to lower his child support when he lost his job, then he would have had the support lowered, he may be able to do it now as well.

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