It’s been a rough road for me with women. I pay $400 in child support to my first wife. I got married to a new spouse hoping things would turn out better, but I just found out that she filed for child support for our mutual child. Can I get a child support credit?

ANSWER

The child support calculation is based on several data inputs, including: the gross income of each parent, whether a parent incurs work-related daycare expenses, whether the child has any ongoing extraordinary medical expenses, and whether a parent incurs a cost for the health insurance premium for the minor child.

If you are Court ordered to pay child support for another child, that amount goes into the child support calculation as a dollar for dollar reduction of your gross income.  This in turn, will slightly reduce your child support for your second child.

The Maryland Child Support Guidelines are presumed to be correct.  This is, however, a rebuttable presumption. The Court would have to make a finding that applying the Maryland Child Support Guidelines is not in the best interests of the minor child.

If you have been served with the Petition for Child Support and Writ of Summons, it is imperative that you respond within thirty (30) days (if you were served in the State of Maryland).  You can go to the Circuit Court in the county where the case was filed to obtain a pro se Answer form.  You can also obtain the pro se Answer form online at: https://www.courts.state.md.us/courtforms?forms%5B0%5D=languages%3A59

A majority of the Courthouses have a pro se clinic or Family Law Assistance program.  You can ask someone in the Clerk’s Office for dates and contact information regarding the Family Law Assistance program if you need assistance completing the required paperwork if you cannot afford an attorney.  Otherwise, I suggest you consult a private attorney.