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  1. #1
    Join Date
    May 2010
    Posts
    2

    Default Custody and Support Orders from Different States

    My question involves child support in the State of: DC/MD/VA

    Sorry in advance for the long post but I could use some direction on this issue.

    I have a 10 year old child. The other parent lives in TX and is the primary custodial parent per the custody order in Montgomery County, MD (I lived with the child in MD at the time). The judge denied the other parent's request for child support. I resided in VA for a year but moved to DC last May. I moved out of the VA apt but returned to check the unit over after having it professionally cleaned and to turn in the keys to the leasing office. There was a notice on the door for VA regarding a request for child support from this other parent. I went to court and told the judge that I no longer lived in VA and that the MD judge denied the request for child support two years earlier in the custody matter. The judge and child support division in VA said that they would order child support regardless of this information. The other parent was available by conference call and said that s/he was unemployed (I am unemployed now but employed at the time of the court appearance). The other parent did not provide any documentation of unemployment or filing for unemployment assistance. The judge ordered me to pay 97% of the child's expenses calculated by VA standards (roughly $800/month). I told the judge that the custody order stated that I have the child for the summers and holidays but I would have custody for the 2009/2010 school year. I provided a notarized letter from the other parent agreeing to this arrangement. The judge said that the letter was not accepted as custodial documentation. I can afford to support the expenses of my child but I cannot pay for these expenses AND send child support money to the other parent. The other parent will not send me my payment money back (which would make this easy to handle but we have a poor relationship and it is impossible to find agreement on any issue). To date, I owe over $8K and they have attempted wage garnishment and seizure of my bank funds from my primary bank account. I was told by my VA attorney that I could file with VA to show that the child has been in my custody during this time and that child support services will give me a credit for this time period. While that helps it doesn't solve the bigger issue of IMO, the VA court disregarding the MD child custody/support order. My child would like to return to my primary custody and I would like to make those arrangements with the other parent without a court matter. I do not think that this will work out because of the poor relationship between us. That all said, I would appreciate advice on handling the VA child support issue and on appealing to the MD family court to enforce the order to deny child support (FYI, the other parent's entire argument for custody was her/his ability to provide better for the child. Owning a house vs. renting an apt, $85K vs $60K, spouse vs. single) and to review primary custody. I am hopeful to have a new job in the next few weeks and I would wait to file for custody until that time. What is the best approach in dealing with this snowball of issues regarding my child? Should I be concerned that VA will put a warrant out for my arrest in this matter? I live in DC and they do have my address on file. Thank you for any input.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Custody and Support Orders from Different States

    If you have grounds to modify support based upon your loss of employment, file a motion to modify support.

    If your custody order switches custody to you, get a copy of the order in a form suitable for submission to the court (probably certified, possibly exemplified) and use that as the basis for your motion - but really, if the deal was that you had custody for the 2009-2010 school year, the time to seek modification on that basis seems to have been last summer. You've been told by a lawyer to seek modification based upon your having custody; you should not count on the court granting retroactive modification. How about hiring the lawyer you've consulted and getting the motion filed?

    We have no information about the original child support order, how the motion for support came to be filed against you in Virginia, or why you didn't attempt to take the matter back to the Maryland court in a timely manner. Child support is a right of the child, not the parent, and can ordinarily be modified based upon changed circumstances. Discuss the details of the case with your lawyer.

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