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Top DogPermalink Reply by Thomas Mallon on July 22, 2011 at 3:10pm

I was recently asked how much proof is needed at a show cause hearing as to why the moving parties requests should not be granted.

Top DogPermalink Reply by Thomas Mallon on July 22, 2011 at 3:12pm

At a show cause hearing the focus should be on how the defendant was violating an Order from the court, the appropriatness of the remedy secondary.  See Md Rule 15-206.

Top DogPermalink Reply by Thomas Mallon on August 20, 2011 at 8:50am

My daughter stands a very good chance of being jailed soon for up to two years, she would like me to take custody of the child during that time. My daughter is not married to the baby's father and he has agreed to granting me custody, would they be ordered to pay child support to me during this time in the State of Maryland?

 

08/20/11, 5:43 am

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Your daughter would not because she could not earn anything while in jail, the baby's father could be ordered to pay, but only if you file for child support after or simultaneously having custody granted to you.

If you need any further assistance, please feel free to contact me at either 410 847-9075 or tmallon@Mallon-Jurisprudence.com

Sincerely,

Thomas Mallon
Law Office of Thomas K. Mallon, LLC
1107 Kenilworth Drive
Towson, MD 21204

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Top DogPermalink Reply by Thomas Mallon on August 31, 2011 at 12:02pm

Question

I filed for a child support modification back in Dec 2010 when I found out my ex was activated in the US Army. Of course our case was stayed until Sept. 2011 because that's when his unit was scheduled to come back to the US.

Well now I find out that he is staying overseas for another year. My daughter turns 18 in October of 2011, can I still take him back to court when he comes back in 2012?

Or can I petition the court to do something else?

I know his income, it's public knowledge on the DFAS site, can't the courts just order the modified amount and I can send the order to the DFAS wage garnishment dept?

He knows I filed the case yet has still refused to pay the additional support amount due to his increased income.

 

Answer

 

Members of the Armed services have enough to deal with and worry about when on active duty and military planners need to worry more about bringing the troops home safely and plan their missions without having to worry which soldier has a court date to appear for.  This is why the courts stay cases while a party is on active duty. 

 

The fact that the case is "stayed", does not get rid of the case.  If you case is dismissed and you try and file for a modification after your daughter turns 18, your case will be dismissed.  If your case is stayed however, and you prevail or convince the court that the support should be modified, then there will be an arrearage amount calculated back to the date of filing.

 

My concern from the fact pattern you described is that the court will automatically dismiss you case after a year or so, unless you explain why the case needs to be stayed.