My question involves child support in the State of: Maryland
My son is 17 and has been fighting with his mom to live with me for the past 2 years. She finally gave in because they were not getting along and told him to pack a bag one day and she dropped him off at my house in the beginning of June. She told him it MAY be temporary but he said he was never going back. To be spiteful, she told me that she would shut my son's cell phone off and I needed to put it on my account, which I did immediately.
I filed paperwork immediately with the courts to have my child support stopped. Trying to avoid court, we sat down in July and tried to come to an agreement. Everything I suggested, she turned down. She suggested that she would give me $200 a month and we would split anything for his senior year of school down the middle, such as lunches, prom, cap and gown, etc. I was still paying her child support and asked for it back and she said no. She would give us anything from August on, but June and July were spent on her bills. We agreed at the end of the month, she would give $200 plus what I paid her in CS for that month. Well, we didn't even get to the first month on that because she only wanted to give us the $200 and hold all the support I've paid until after the court date. So no money was exchanged however, we both sent letters to the court agreeing to stop my child support and $200 a month before she backed out of the agreement.
I have never missed a support payment in 17 years, never been in arrears, and always carried him on my insurance. The past 4 months, she has only had him for 6 nights and only given him $60 and I have seen nothing. She's not even holding up to half of all the senior items for school.
When we go to court in November, can we ask the judge to set the child support by the Maryland guidelines, which would have her pay $530 a month or are we stuck with this agreement of $200. I didn't realize the costs that were involved and $200 doesn't even cover his living expenses, cell phone, etc. Also, she will have received around $2500 of child support I've paid since June and she doesn't even have him. Can I get this all back and get child support back dated to the date of filing? He won't be 18 until the end of June 2014.