It’s finally happened! Your beloved son or daughter has reached the ripe old age of 18, they have graduated from high school, or they have reached the age of 19 and have emancipated (grown old enough).
If you are the one paying child support this means your legal obligation to pay child support is over. No matter your child custody situation, no matter whether you are going through a divorce, the State of Maryland no longer requires you to pay child support.
Now, there may be an agreement between you and the other parent to continue to pay. There may be specific reasons why you would still have to pay child support. But if not and you still have that wage lien coming out of your check every pay period, you are probably not so happy.
Even if you do not have a wage lien and you are paying the other parent directly, I can only imagine that the other parent is not so willing to stop those payments. The child support enforcement agency is not able to give legal advice and is not about to step in where the Court system should.
Get Help: Notify the Court of Emancipation
So what do you do? It is hard to believe, but the judicial system is not going to remember that your son or daughter has had a birthday. They are not going to know that you have a problem unless you, that’s right YOU, do something. So do something.
By something, I of course mean that you have to let the Court know that your paycheck should no longer be taken and that you no longer need to pay child support. They need to know that those payments should stop and that if you have been making payments when your child support obligation is over then there is a problem. You cannot however, “jump the gun”, you have to wait until your child has emancipated before you do anything. So, the day after their birthday or the day after high school graduation is the time.
Will I Be Reimbursed for Overpayment?
I often get questions about the overpayment, and whether that money can be reimbursed. Sadly, a majority of the time the Court defines that as a contribution to your child and is not inclined to give it back to you. However, if the money is still within the child support agency’s system and has yet to be deposited to the other parent’s account there is a slim, but possible chance.
Speak Up
The Court in every county is dealing with cases on all types of issues. If you do not tell them that you have a problem nothing is going to change.
But speaking to the Court takes a specific language that often can be difficult to understand without someone there to help. If you have questions or just want some information your best bet is to have a consultation and save yourself from paying more child support than you can afford.
Read more about Family Law and Child Support in our Free Legal Information library:
- Divorce – What You Need to Know
- Child Custody – What You Need to Know
- Child Support – What You Need to Know
- Ease the Pain & Expense of Divorce – Learn More
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