Results 1 to 10 of 10
  1. #1
    Join Date
    Oct 2013
    Posts
    4

    Default Agreed Child Support Amount is Too Low

    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.

  2. #2
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Agreed with Other Parent on Support but It's to Low

    You can request a modification.

    I don't know if you will be able to get the support you already sent back, but I would request it.

  3. #3
    Join Date
    Apr 2009
    Location
    Inland Empire
    Posts
    1,410

    Default Re: Agreed Child Suppot Amount is Too Low

    Quote Quoting MDbrian
    View Post
    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.
    You are definitely not stuck with your verbal agreement, especially since she didn't hold up her end of the bargain.

  4. #4
    Join Date
    Oct 2006
    Posts
    15,663

    Default Re: Agreed Child Support Amount is Too Low

    Quote Quoting MDbrian
    View Post
    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.
    You do realize that child support is not intended to cover ALL of his expenses?...its intended to cover her share of his expenses. I am not saying that she shouldn't be paying full guideline support...but do take something into consideration...

    Your household is going to gain income. Its going to gain the amount of child support you have been paying, plus any amount that mom is ordered to pay. Mom's household is going to lose income, both the amount of child support that you supplied, and the amount that she is ordered to pay. It could be a bit difficult for her to manage that, particularly if there is any tightness in her budget.

    On top of that, if your agreement for her to pay 200.00 a month was actually signed off on by a judge, and only happened a couple of months ago, if there have been no changes in either of your wages, your state laws may not allow you to ask for a modification this soon. You can certainly file for contempt against her for non-payment if that's the case, but your state laws may not allow you to file for a modification this soon.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Agreed Child Support Amount is Too Low

    You need to expect Mom to immediately take back custody. She might not - but if you poke that bear, she just might...and there will be absolutely nothing you can do about it.

  6. #6
    Join Date
    Oct 2013
    Posts
    4

    Default Re: Agreed Child Support Amount is Too Low

    I wanted to update those who commented or give help to anyone who's in the same situation.

    I went to court last week and the agreement we made was not valid because no court or judge signed off on it. So I was not held to that. Also, I did not get any of the $2500 that I've paid out since June. They did stop my child support payments and have arranged for her to pay now. However, they only made it retroactive to August, not June. The reason behind that is every year my son usually spends most of the summer with me anyway and the court sees this year as no different. As of now, she is in arrears and will be paying child support.

    The court did ask her where she spent the money that she received from me since she didn't have our son. She said she could not explain it.

    I will say that the system set up for child support and fathers is an unjust one. I could have just as easily given $2500 to a stranger on the street and they would have done the same thing with it that she did... spend it on themselves. Either way my child didn't see a penny of it. Sort of defeats the purpose of "child support". But I'm glad things are over. It was a long road.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,103

    Default Re: Agreed Child Support Amount is Too Low

    Child support is intended to reimburse the custodial parent for the money that parent spent on the child. It is not SUPPOSED to be given to the child. The child NEVER should be "seeing a penny of it". That is not its purpose.

  8. #8
    Join Date
    Oct 2013
    Posts
    4

    Default Re: Agreed Child Support Amount is Too Low

    The point was that my child was only over her house 5 days in the past 6 months since I've been paying child support. What am I "reimbursing" her for if she never paid out anything like living expenses or food on my child? I'm the one that paid out living expenses, not her.

    - - - Updated - - -

    I get that child support is for "supporting a child". Living expenses, clothes, etc. I didn't mean it literally that my child didn't see any of it. I meant it as none of the money went to "support" him. The same way if I would have given it to a stranger.

  9. #9
    Join Date
    Dec 2013
    Posts
    229

    Default Re: Agreed Child Support Amount is Too Low

    Quote Quoting MDbrian
    View Post
    The point was that my child was only over her house 5 days in the past 6 months since I've been paying child support. What am I "reimbursing" her for if she never paid out anything like living expenses or food on my child? I'm the one that paid out living expenses, not her.

    - - - Updated - - -

    I get that child support is for "supporting a child". Living expenses, clothes, etc. I didn't mean it literally that my child didn't see any of it. I meant it as none of the money went to "support" him. The same way if I would have given it to a stranger.
    Rent and Credit Card debit associated with supporting a child isn't always paid in the same month it is used. Either way, it's not something you should be harping over, you have primary custody of your child, what other reason do you need to be happy?

  10. #10
    Join Date
    Oct 2013
    Posts
    4

    Default Re: Agreed Child Support Amount is Too Low

    You're right. Thank you everyone for the comments and advice.

    1. Sponsored Links
       

Similar Threads

  1. Calculation of Support: Ex Wants More Child Support Than She Agreed to Accept
    By Alxmza in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 03-25-2013, 09:20 PM
  2. Calculation of Support: Child Support Amount
    By xinfamousxi in forum Child Custody, Support and Visitation
    Replies: 9
    Last Post: 10-16-2011, 07:03 PM
  3. Establishing an Order: Boths Parents Agreed on Deviated Amount
    By andygwynn in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 09-01-2011, 06:33 PM
  4. My Ex Wife Does Not Like the Amount of Child Support She is Going to Get
    By gobble6654 in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 05-11-2010, 07:13 AM
  5. Service Providers: Moving Price Agreed on then Bill Comes Four Times the Agreed Amount
    By skirka in forum Consumer Law
    Replies: 1
    Last Post: 12-11-2008, 03:29 PM
 
 
Sponsored Links

Legal Help, Information and Resources