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Maryland Question and Answer Handbook for Noncustodial Parents: A question and answer resource on paternity establishment and child support 
Table of Contents Effect of the New Welfare Laws The Top Ten Things You Should Understand In Negotiating The Maryland Child Support System Questions Surrounding: Paternity Establishment
Child Support
Custody and Access
Introduction Nearly 150,000 Maryland families are headed by a single parent, and everyday in the United States, thousands of children are born to unmarried parents. Most of these parents, as do most married parents, heartily, and lovingly welcome their children into their lives and into their world. However, the problems and concerns faced by parents who are poor, unemployed, underemployed, or unable to work, are particularly complicated and sometimes can seem insurmountable. The subject of this brochure is the legal challenges faced by poor, unemployed, or low-income, unmarried Maryland fathers. Many of these men are (or would be if they were in better economic or social circumstances) interested in establishing a legal and personal relationship with their children. Most of the men in this population, want to be good parents and, to the best of their ability, to support their children financially, emotionally, and physically. There is a pervasive public perception, however, that a casual connection exists between out-of-wedlock childbirth and the high cost of welfare to individual taxpayers, and that unmarried fathers are "deadbeat dads." In accordance with these public sentiments, an aggressive child support enforcement system has been created through federal, state, and local law and policy to ensure that a child support order is entered for each child and that money, in the full amount of the order, is collected. For an unemployed or low-income, unmarried man, even one who is genuinely interested in serving the best interest of his children and attending to their financial needs to the best of his ability, this system can be difficult to negotiate. The Center on Fathers, Families, and Public Policy created this brochure to acquaint the reader with the Maryland system and to highlight the legal processes involved in paternity establishment and child support enforcement. You should read this document with the understanding that any individual faced with the situations outlined here would benefit greatly from assistance from a legal professional. Effect of the New Welfare Laws The federal welfare Personal Responsibility and Work Opportunities Reconciliation Act (PRWORA) of 1996 has greatly affected the way that Maryland conducts the business of its paternity establishment and child support enforcement systems. Alleged fathers, particularly those who cannot afford legal advice, must be aware that the federal government has set a goal of establishing paternity for at least 90% of all children born out of wedlock. The Maryland child support enforcement is motivated to reach this goal. For example, Maryland does not allow an unmarried man's name to be added to a birth certificate unless he has signed an Affidavit of Parentage form or there has been a legal determination that he is the father. In addition, Maryland can deny children welfare benefits if their mother does not cooperate in establishing paternity. She is required by federal and Maryland law to name the father of her child in order to receive her full welfare benefits. Establishment of paternity for all children is a valid goal and, arguably, in the overwhelming majority of cases, a legal finding of paternity is in the best interest of all concerned: mother, father, and child. In situations where the putative father is actually the biological father (or at least a concerned man willing to support and raise the children regardless of biological ties) these new laws will not have an unjust impact. However, if a man does not understandthe meaning and possible consequences of documents signed by him or presented to him, or if he is unable to comprehend legal processes, child support laws and policies may have an unjust result. Legal Services Most people would, if they could afford it, employ the services of a lawyer to handle matters as complicated and serious as establishing paternity and setting child support orders. In paternity cases, such legal assistance is advisable, even if the alleged father does not doubt that the child is his. However, the reality is that many low-income, unmarried fathers cannot afford such services. The Center on Fathers, Families, and Public Policy developed this brochure as a source of information for alleged fathers and for social service professionals who are trying to help those men negotiate the paternity establishment and child support systems. In Baltimore, the Domestic Pro Se Office does hold free classes on what to expect in court proceedings. These classes are from 3:00-4:00 every third Tuesday of the month. The classes are for those who have been scheduled for a hearing or have questions. The classes are held at the following location: Room 232 (The Pro Se Office) Courthouse East, 111 North Calvert Street Circuit Court for Baltimore City The Top Ten Things You Should Understand In Negotiating The Maryland Child Support System
Paternity Establishment In Maryland, what does it mean to have my name appear as the father on a baby's birth certificate? Since October 1, 1995, if you are not married to the mother of the child, your name may not be added to the birth certificate as the child's father unless you have voluntarily acknowledged paternity (by signing an Affidavit of Parentage form) or a court has legally determined you to be the father. What is meant by the word "paternity"? Paternity means fatherhood. Both legally and biologically, the word paternity designates the identity of the father of a child. Except in rare circumstances, when a mother gives birth to a child she is considered the legal mother of that child. Every child also has a biological father, but if the biological father is not married to the mother of the child, Maryland does not give him any rights to or responsibilities for the child as the child's father. To be the legalfather, paternity must be legally established. Paternity is presumed when a man is married to the mother of a child at the time of conception or birth. Therefore, if a man is married to the mother of a child at the time of conception, he will be legally considered the father of that child. For a child born to an unwed mother, however, there is no presumption as to who is that child's legal father. How can the paternity of a child be established for a child born to an unmarried mother? In Maryland, there are two primary ways to establish paternity for a child born to a mother who never marries anyone. The first option is for both parents to sign a legal document to establish the paternity of the child. This form is called an Affidavit of Parentage. The second option is through a court proceeding to establish paternity. Since the 1980s, very accurate genetic tests have been developed that are virtually conclusive in determining a child's father. If a man gets a notice for a court case in which it will be decided whether he is the father of a child, the Maryland child support enforcement office can require that he submit to a genetic test. If a mother or the state claims that you are the father of a child, you should agree only if you are absolutely sure that you are in fact the father. If you are not sure that you are the father, you should insist on a genetic test to determine whether you are the father of the child. The government cannot deny you a genetic test if you cannot afford one. If you are absolutely sure that you are the father of the child and the mother agrees, you should both sign an Affidavit of Parentage form. This will avoid the expenditure of time and money involved in going through the courtprocess for a man who is unsure if he is the father of a child. What if I am not married to the mother of my child and she is not married to anyone and we both want to establish the paternity of our child as soon as the baby is born? In Maryland, if both parents sign an Affidavit of Parentage form, paternity can be established in a hospital at the time the baby is born. If you are at the hospital when the baby is born, you and the mother must be given an opportunity to sign this form. Both of you voluntarily signing this document establishes a legal presumption of paternity. That is, if you both sign this form you can be held responsible for child support. You can also attempt to get a court order for visitation or custody. Obviously, the decision to voluntarily acknowledge paternity is a very serious one and should not be made lightly or without serious thought and preparation. Before signing an Affidavit of Parentage the alleged father is supposed to be advised both orally and in writing of the legal consequences of signing the form and of the benefit of obtaining an attorney before signing it. An alleged father is supposed to also be advised of his constitutional right to have a court determine the issue of paternity if he does not sign the form. If I do not establish paternity in the hospital, can the mother and I do it later? Yes. The form that parents must sign is the same form that was available at the hospital when your baby was born. It is called an Affidavit of Parentage form. You must sign the form in front of a notary public. Affidavit of Parentage forms are available at your local Department of Social Services, child support office, head start agencies, and the Division of Vital Statistics. I am under 18. If I sign an Affidavit of Parentage form, will that make me the biological father? Yes. The Maryland statutes do not distinguish between an adult who signs an Affidavit of Parentage form and someone who is under 18 who signs an Affidavit of Parentage form. What if, after signing the Affidavit of Parentage form, I have reason to believe that I am not the father? Even if you sign an Affidavit of Parentage form and then become unsure whether you are the father, there are ways for you to cancel this Affidavit of Parentage form. However, this is most easily done within 60 days of signing the form. After the 60 days pass, the requirements for doing this are much more difficult to meet. If within 60 days of either you or the mother signing the form you decide that you want to cancel this Voluntary Acknowledgment of Paternity form, two things must be true for you to no longer be the legal father. First, you must not have been a party in a court case concerning the child. Second, you must sign a second form. This document is called a rescission form. The other option is that if a court case relating to the child occurs within that 60- day period and you are a party to this lawsuit you may ask the court to cancel the Affidavit of Parentage form. However, if this legal proceeding relating to the child occurs and you fail to claim that you are not the father, you lose the option to cancel the form within the 60-day period by simply signing the rescission form. What if, 60-days have passed since the mother and I signed the Voluntary Acknowledgment of Paternity and I come to realize that I may not be the biological father of the child? If after this 60-day period expires, if you no longer believe that you are the child's father, you will have to go to court and prove that you signed the document under conditions of fraud (someone lied to you), duress (you were forced to sign), or mistake of fact (you thought one thing and another thing is true). Proving one of these may require the assistance of a lawyer. If you are unsure if you are the father, you must go to court as quickly as possible to argue one of the above three points. What if she says I am the father and I say that I am not the father? If you do not think you are the biological father and have not signed an Affidavit of Parentage form the mother, the child, or the government in certain cases may sue you to establish whether you are the biological father. If you are summoned for a paternity hearing, the most important thing to do is appear at the hearing, whether or not you think you are the father. In Maryland, if you fail to appear for a paternity hearing, the court can issue a warrant for your arrest. In addition, refusing to go to court after being summoned for a paternity hearing can result in an order declaring you the father of the child. If I know I am the baby's father what happens when the mother or state claims that I am the father of the child and I go to the child support enforcement office? The Maryland child support system is a judicially controlled system. The important thing to remember is that the child support enforcement office cannot declare you to be the father of the child unless you agree that you are the father. If you are determined to be the father of the child, you will be responsible for child support. The child support enforcement office cannot set the amount of child support that you pay unless you agree to this amount. Only a court has the power to do either of these without your consent. To enter the Baltimore child support enforcement office you will have to go through metal detectors. Once inside, you and the mother will both be asked whether you wish to acknowledge that you are the father of the child. If youboth agree that you are the father of the child, the child support enforcement office will have both of you sign an Affidavit of Parentage form. It is important that you read and understand this document before signing it. This document means you legally are the father, after 60 days. At this point the child support enforcement office will use the financial information from both parents to establish a proposed child support order based on the Maryland guidelines for child support. It is important that you understand what this proposed child support order will mean for you. If you agree to the proposed child support order and sign a document indicating that you agree with the amount of the order, the proposed order will become a court order for child support. The amount that child support enforcement comes up with is usually according to the child support guidelines the correct amount of child support for you to pay. It is based on the financial situation of both the mother and you and the amount of time that you spend with your child. If you do not agree to the proposed amount of child support, you should not sign the document. Then you will likely go to a court process to determine the amount of child support. If I am not the father or am unsure if I am the father but the state or mother claims that I am the father, what will happen at the first meeting at the child support enforcement office? The Maryland child support system is a judicially controlled system. The important thing to remember is that the child support enforcement office cannot declare you to be the father of the child unless you agree that you are the father. If you have been determined to be the father of the child, you will also be responsible for child support. The child support enforcement office also cannot set the amount of child support that you pay unless you agree to this amount. Only a court has the power to do either of these without your consent. In entering the Baltimore child support enforcement office you will have to go through metal detectors. If you consistently say you are not the father of the child, the child support enforcement office will conduct a genetic test. The child support enforcement office can require the mother, child, and alleged father to submit to genetic tests. Genetic testing can establish the paternity of a child for the purposes of legal evidence with a 99 percent accuracy rate. When the results come back, you will receive one of two letters from the child support enforcement office. You may get a letter saying that you are not the father of the child and that the child support enforcement office will dismiss the paternity action against you. If the genetic test indicates you are the father, the letter you will receive will ask you to return to the child support enforcement office. When you return to the child support enforcement office they will once again ask you to sign an Affidavit of Parentage form. If you sign it, after 60 days you will become the legal father of that child. What happens after I sign an Affidavit of Parentage form at a child support enforcement office? After you sign an Affidavit of Parentage form, the child support enforcement office will use the financial information from both parents to establish a proposed child support order based on the Maryland guidelines for child support. The amount that child support enforcement comes up with is usually according to the guidelines the correct amount of child support for you to pay. It is based on the financial situation of both the mother and you and the amount of time that you currently spend with your child. If you agree to the proposed child support order and sign a document that you agree with the amount, the proposed order will become a court order for child support. If you do not agree to the proposed amount of child support, you should not sign the proposed child support order. Then you will likely go to a court process to determine the amount of child support. The Maryland child support enforcement office cannot help you with obtaining visitation with or custody of your child. What should I expect if a mother or the state claims I am the father of a child and I consistently say I am not the father and I end up in a courtroom? Every lawsuit is different and there is no magic list of what you can expect if a lawsuit is filed and both parents cannot agree whom the father of the child is. The following are some things contained within the Maryland statutes, but it does not take into account the actual practice of any particular courtroom. As always, if possible, it is best that you get a lawyer to represent you for your particular case. A big part of any paternity suit is a genetic test. If the genetic test finds that there is a 99 percent or greater probability that you are the father of the child, the court will likely order that you are the father of the child. At this stage the government will not provide a lawyer to an alleged father who cannot afford one. Additionally, you have no right to have your case heard by a jury. Instead a judge will hear the case. If you are before the court without an attorney, the court must explain the nature of the lawsuit so that you understand it. It is important that you ask for this explanation. What if I believe that I am a child's father, but the mother who is single says that I am not? What if she acknowledges my paternity socially, but denies it when I want to see my child? If the child's mother says that you are not the child's father or denies you access to the child and paternity has not yet been established, you can exercise the right given to Maryland fathers to initiate a suit for paternity. In Maryland, you will need to follow a number of steps to sue to establish that you are the father of that child. It is best, if you can afford one, to obtain the advice of an attorney for your lawsuit to establish that you are the father of the child. A big part of any paternity suit is a genetic test. If the genetic test finds that there is a 99 percent or greater probability that you are the father of the child, the court will likely order that you are the father of the child. If the court does enter an order establishing paternity based on your suit, it must then consider the issue of child support. However, the court is required to consider issues of visitation and custody at that time only if there has been a request. Therefore, you must make such a request to ensure that those issues are raised and, finally, decided in the courtroom. In making determinations about visitation or custody the Maryland court will be guided by what it thinks is in the best interest of the child. The court will grant the visitation or custody arrangement you want if the court decides that it is in the best interest of the child. What are the legal benefits of establishing paternity for an unwed father? Once paternity is established, a man becomes the legal father of that child, with all of the rights and responsibilities of a married father. There is no guarantee of the right to custody or visitation, but a father has the right to raise the issue of custody and visitation in court. The Maryland child support enforcement office cannot help a father to obtain visitation or custody with the child. If you sign an Affidavit of Parentage form, you may go to court to ask for custody or visitation with the child. If a court order determines that you are the father of a child, the order may include provisions regarding visitation, custody, or any other matter related to the general welfare and best interest of the child. What are the legal consequences of establishing paternity for an unwed father? Maryland requires that the noncustodial parent pay child support. In Maryland, either the mother or the father may be ordered to pay medical and hospital expenses for the pregnancy, childbirth and recovery, and possibly the child's funeral expenses. You may also be required to include your child in any health care coverage if your child can be included in your health care coverage at a reasonable cost. In addition, the medical expenses of the child that insurance does not pay are divided between the parents according to their income. One tool used to collect child support is to take money directly from your paycheck and give it to the custodial parent or the government. The child support enforcement office must mail you a notice that your employer has been directed to take money out of your paycheck. If a court orders your current or any future employer to take money out of your paycheck for child support, Maryland requires that your employer follow this order. A Maryland employer also cannot discriminate against you because the employer must take money out of your paycheck for child support, but a Maryland employer may charge up to two dollars for every time that the employer has to take money from your paycheck. Child Support How does the court decide how much child support I should pay? Maryland has established a formula to calculate what amount a noncustodial parent should pay for child support. This support amount is partially based on the financial situation of each parent and on other factors. One factor that may alter the amount of child support you owe is the amount of time that you spend with your child. In cases of shared physical custody the amount of money you owe will be less. To have shared physical custody both parents must keep the child overnight for more than 35% of the year and both parents must contribute to the child's expenses as well as support. The court must be aware that you have shared physical custody for you to get a reduction in your child support. A parent may ask the court to award an amount greater or less than what would be determined by the child support guidelines. To do this you must prove that application of the guideline amount would be unjust or inappropriate in your particular case. Also support generally continues until the child's 18th birthday. A parent may be responsible for support while the child attends college. Can I be responsible for providing health insurance for my child? Yes. Parents are responsible for health insurance when they do not live together. Either one or both of the child's parents must provide this coverage. A court will put the child on your insurance if the insurance for your child is available to you at a reasonable cost through your employer. It will be up to a court to determine whether the cost of the insurance is reasonable. The court will make this determination based on the evidence you and the other sidegive to the court. What if I do not have a job when they set the child support order? If a court decides you are purposefully not working, support orders can be based on what the court thinks you could make if you were employed. That is called your potential income. Potential income may not be attributed to a father who is physically unable to work or a father who is caring for another child under the age of two who is the responsibility of both the custodial and noncustodial parent. The Maryland child support enforcement office can help you to find a job. What if I lose my job or I am unable to pay child support? If you lose your job, make less money than you used to, or become physically disabled and unable to collect an income, you should notify the court immediately. Many noncustodial fathers believe that if they get behind at a time when they are legitimately unable to make a child support payment, what they owe can later be reduced or discounted by the court when an explanation is given. However, if you wait to explain your changed circumstances, the court will be unable to reduce the back payments that you owe. So it is very important that you notify the court immediately, provide proof of the reduction in income, and ask that your payments be reduced accordingly. If you do, the court may temporarily or permanently reduce the amount of the payment. If you cannot afford an attorney for this matter, you may seek a change in your child support without an attorney. The State of Maryland has created forms for parents without attorneys who wish to file a request to modify the amount of the child support order. You can use Domestic Relations Request Forms numbers 6, 30, 31, 51, 54, 55, and 56. If you have trouble in filing out these forms, you may ask the Clerk of Court for the Family Law Resource Guide or call the Legal Forms Help line at 1-800-818-9888. In addition, in Baltimore you may receive help from the Domestic Pro Se Office, Room 232 (THE PRO SE OFFICE) Courthouse East, 111 North Calvert Street, Circuit Court for Baltimore City. The PRO SE OFFICE will help you to fill out your forms. However, they will not be able to represent you. The standard that the court will apply in determining whether to grant a modification of your child support order is whether there has been a material change of circumstance. A material change in circumstance occurs when your income has greatly increased or decreased. The court still will use the Maryland child support guidelines to determine the amount of support you will owe in the future. Why is the amount I owe so much greater than my monthly child support amount? In Maryland, there are many reasons that the amount of money you owe each month can be greater than your current monthly child support amount. First, you may owe more because you have fallen behind in paying your child support. When you fall behind in your child support you will not only have to pay your current amount of support but an additional amount to begin to cover what you were unable to pay. You may also be responsible for the cost of the mother's pregnancy, the child's health care expenses, the costs of genetic tests, attorney fees, and other costs. In addition, your employer may charge you two dollars every time that money is taken from your paycheck to provide support. All of these other things may be added to the amount that you owe each month. I am under 18. Can my parents be ordered to make child support payments for my child? Yes. In certain circumstances your parents can be responsible for payment of your child support. A number of things must be true for the grandparents to be responsible for child support for their grandchild. First, the grandchild must receive welfare benefits from the government. Second you must be financially dependent upon your parents. Further the grandparents are only responsible to the extent that you are unable to pay child support. Can they put me in jail for not paying child support? Yes. A court can hold you in contempt for not paying child support. This means that you can be placed in jail for not paying your child support. A court must provide you notice of the alleged violation. Also, if they attempt to putyou in jail, you have the right to be represented by an attorney. If you are too poor to afford an attorney the state must provide you one, unless you elect to not have one. Even if you do not pay your child support, there are a number of things that you can state that may enable you to avoid going to jail. If you can convince the judge both that you (1) never had the ability to pay more than the amount actually paid and (2) made reasonable efforts to become or remain employed or otherwise lawfully obtain the funds necessary to make payment, then the court cannot place you in jail. In addition, the court must provide you with the opportunity to pay a sum that will keep you out of jail. If you do not have the ability to pay this sum, you cannot be placed in jail. Instead the court can order you to take action to make payments of the amount that you already owe. Of course, there are other penalties that child support enforcement can and will use against you for not paying child support. Some of these other penalties include:
What should I do about my child support order if I am in jail? If you are in jail you will most likely still be responsible for child support based on your past income. If it is possible you need to notify the child support office immediately that you are in jail, so that your child support will be changed. You should be sure to explain how long you will be in jail when you notify the child support office. Many noncustodial fathers believe that if they get behind at a time when they are legitimately unable to make a child support payment, what they owe can later be reduced or discounted once an explanation is given. However, if you wait to explain your changed circumstances, you will be unable to reduce the back payments that you owe. So it is very important that you notify the child support enforcement office and ask for a modification of your child support amount. If you do, they may temporarily or permanently reduce the amount of the payment. Custody and Access What are the considerations for allowing me to have custody or visitation with my child? The child support enforcement office cannot help you obtain an order for visitation or custody with your child. Instead you must obtain a court order for this. Neither parent is presumed to have a right to custody that is superior to the other. In determining visitation or custody, the court will consider all facts relevant to the best interest of the child. Regardless of the custody award, both parents have access to the medical, dental, and educational records of the child. The court may deny you visitation or custody is if the court has reasonable grounds to believe the child is likely to be abused or neglected while in your care. The court may consider evidence of abuse by you against the mother of your child, your current wife, or any child residing in your household. If you cannot afford an attorney to seek an order for custody or visitation, you may seek a court order without an attorney. The State of Maryland has created forms for parents without attorneys who wish to file a request to have visitation or custody with their child. You will need Domestic Relations Request Forms numbers 5, 51, 54, 55, and 56 to request visitation. You can use Domestic Relations Forms number 4, 30, 31, 51, 54, 55, and 56 to request custody of your child. If you have trouble in filing out these forms, you may ask the Clerk of Court for the Family Law Resource Guide or call the Legal Forms Help Line at 1-800-818-9888. In addition, in Baltimore you may receive help from the Domestic Pro Se Office, Room 232 (THE PRO SE OFFICE) Courthouse East, 111 North Calvert Street, Circuit Court for Baltimore City. The PRO SE OFFICE will help you to fill out your forms. However, they will not be able to represent you. If the child's mother interferes with visitation, may I refuse to pay court-ordered child support? No. You may not refuse to pay court-ordered child support because the mother interferes with visitation. If the mother consistently refuses to allow visitation, you must go to court and inform the court of the mother's refusal to cooperate. Before you will be allowed to argue your case concerning her refusal to allow visitation you will need to file a form with the court. If you cannot afford an attorney for this matter, you may do this without an attorney. The State of Maryland has created forms for parents without attorneys who wish to file a complaint because the custodial parent has not followed a visitation order. You can use Domestic Relations Request Forms numbers 3, 51, and 53. If you have trouble in filing out these forms, you may ask the Clerk of Court for the Family Law Resource Guide or call the Legal Forms Help line at 1-800-818-9888. In addition, in Baltimore you may receive help from the Domestic Pro Se Office, Room 232 (THE PRO SE OFFICE) Courthouse East, 111 North Calvert Street, Circuit Court for Baltimore City. The PRO SE OFFICE will help you to fill out your forms. However, they will not be able to represent you. Acknowledgments The Ford Foundation, Charles Stewart Mott Foundation, and Public Welfare Foundation generously provided support for this publication. All of the ideas, opinions, and legal interpretations presented in this document are explicitly those of the Center on Fathers, Families, and Public Policy. It should not be assumed that the foundations providing support for this work share them. This Questions and Answers handbook is based solely on Maryland laws and is only accurate for the State of Maryland. It was produced on June 7, 2000, and does not reflect any changes in Maryland law since that date. Although this brochure is legally accurate for all of Maryland, references to specific locations for obtaining legal documents are only meant for fathers whose court cases are in Baltimore. This brochure provides only general legal information surrounding the Maryland child support system. It is not advice about your particular legal problem. If you can afford it you should consult an attorney for your particular legal troubles. The Center on Fathers, Families, and Public Policy would like to thank the fathers who commented on the usefulness of this brochure: William Brown, Fred Hemphill, Tavon Bombray, Thomas Read, Lance David, Carlos Croslin, David Moore, Chad Whitworth, and Barron MeCall. In addition, we would like to thank Katrina Odom of the Center for Fathers, Families, and Workforce Development for all of her help in producing this brochure. Finally, we appreciate all of the help of the Maryland Child Support Enforcement Agency in reviewing this handbook for accuracy. |
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