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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118658
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Child age: 11 -Child has been residing with Mother in

Customer Question

Child age: 11
-Child has been residing with Mother in Maryland since birth
-Married for a year with the mother - Been divorced for 11 years
-Child support is not by court order, it has been a monthly arrangement for 11 years
-Mother does not have a job for over 5 years
-I give about $1,000 a month for 11 years
-Mother has re-married for 5 years now
-Mother has 4 kids with the current husband
-I am not sure if she pays for the child's insurance
-I moved to GA 2 years ago from MD
-Child never lived with me but would visit her in MD
-I earn $85K a year without taxes
I would like to know what the recommended child support to this date
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Based only on the limited information you provided, the MD Child Support Guidelines state your monthly support payment should be about $1300 a month, so you are very close if she would force this matter to court. However, you are entitled to agree between the two of you to pay less than what the MD guidelines state you should be paying and you should put this agreement in writing if you do not have it in writing yet, which would at least give you an enforceable agreement in court as to current support, even though if she pushed the issue in court she could get it raised to the monthly guideline amount, since that is set by statute, for only future payments and not back payments.
Customer: replied 1 year ago.
her not being employed doesn't give me an advantage?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
No, it really does not give you a big advantage. You could argue, and would have to prove, that she is able to work and what she should be able to earn if she were to work and could have the court impute income to her. If the court imputes income to her and she is not highly skilled where she could make significant money if she did go to work, you can spend thousands of dollars on the attorney needed to do this to save only a couple of hundred dollars a month, so you would have to weigh the cost v. benefits and getting income imputed is not a guarantee.