[lawstudent4now]

My mother is being sued for back child support in Maryland... The children are over 19, graduated, not in college and live in Delaware, not with the father, whom charged them rent at 16 and so they moved out asap. The father steals from them and kept them from my mother for years. Now that they are adults, they are back in our lives and see the manipulation of their father. We have a court case the 13th of February to address the back charges. What laws should I focus on, DE or MD and does the fact that they are adults matter since it's back child support?

[cdad]

Was there ever an order or is this something completely new? If there is an order in place then was it followed?

[lawstudent4now]

She had initial full custody, due to income issues and mental issues (bi-polar,BPD,schizophrenic), she gave custody to the father with visitation, all court documented. Even with documentation, we never saw them. He would act as though he wasn't home or leave and we'd call the cops said they could do nothing if the kids could not be produced. Went back to court several times and he was ordered each time and continued his games. My mother, being unstable was admitted into a mental ward, diagnosed bi-polar and borderline schizophrenic. She gave me to my grandparents and struggled to hold a job. Just to explain her lack of recourse, she was been awarded disability by the state for mental defect in 2004 (she started applying in 2002 and could not work during). Her drug habit caused her to default that years ago, but that's the back ground if it matters. Anyway, From the top... In 1997 they ordered $17 dollars a week. She complied until 2001, working at gas stations and the like, a court date arose where the father filed a change of circumstance and got an increase of $117. She was diagnosed with cancer and admitted to surgery for a radical emergency hysterectomy with 6 months recovery time within a week of receiving the subpena. She planned to prove she was unemployed with a drug problem, incapable of self preservation or providing and subsequently the reason she'd given up on fighting for them, but she was hospitalized. She had her mother show to court and provide proof of her condition, but was still charged with a FTA. I understand she didn't file a motion; however, I would assume this is extenuating circumstances. So,she gains her health, turns herself in for the FTA and agrees to pay, because if not she is told she will be jailed cause she missed the date. She pays enough to leave and can't pay again, of course, so doesn't. (I know she messed up there but is mentally defective)Through doctors dealing with her cancer, she is referred to the health department and is diagnosed with Borderline Personality Disorder and is told to pursue disability, due to her in-ability to hold a job. She cannot work, gets disability in 2004. The father finds out. The father garnishes what says 65%, but is more than 100% of her money. It goes up to 65% (really she gets $650, the order is for $780) because a default order is issued due to a FTA for this case where the father claims she makes the same as him $3467, but on the same page under employment, it states nothing. There is no proof of her income, but he knew she had no way to contest it, because her license was suspended due to this and she was mentally defective, obviously. So,she is ordered to pay $780... She can't afford to contest, is mentally incapable of dealing, can't afford her medication, housing, or food... turns to drugs and consequently stops filing for disability. So, the child support mounts. 2007, she decides she wants to get clean, get her license... she tries and this pops up. She goes to court and says she'll pay something, but can't afford the $780. They say $194 a month cause of arrears and she agrees, without a lawyer present. Order 8 of this 2007 contract states that the payment is for arrears accumulated under a default 2004 order in which the mother failed to appeal or move to reopen. To date arrears total 30,000 to Delaware Child Support. We received a summons for March 13th, from Maryland Child Support Enforcement, to settle the matter of $30,000 in arrears. Which state laws apply at this hearing and where do I file a motion for this case... Maryland or Delaware? Is there any way to reopen any of these now, due to her mental state, which we can prove? Or have the arrears lowered to what the original order of $17 a week would be? Or the most desired outcome, have it thrown out or have the money paid to the kids and not him? And let me add, she is sick, took awhile for us to catch on (her childhood they just thought she was shy, ah the 70's) and she tried to do the right thing and admit she wasn't fit to be a mom and had he followed visitation, our family would have provided on her behalf but he made it impossible. He'd contact a select 3 people from the family that disliked my mom, I think a lawyer told him every few years so we had no case that he just vanished with them. He just kept them. We snuck things to them but he would punish them for seeing us or taking things like coats or toys, so we stopped and not being parents (the 90's were different) no one had a say, but the sick woman. They have now told us he was a crappy father; we always hoped that at least he was good to them... not the case. He stole from them, lied to them, kept them from opportunities we could give them (our family is way better off than him, he lives off women he dates). It was all a power thing with him... not for them. That is why I am determined to not see him get a dime. None of that last part matters, accept to those I'm asking for help. Thanks in advance for any help given!

[ScottGem]

So it is the state child support collection agency that I suing for the arrears? Do you know if the father applied for and received public assistance?

I would seek to vacate the support orders on the grounds of mental incompetence.

[lawstudent4now]

He applied in DE and the social worker there referred it to the Maryland Bureau of Support Enforcement, who is the plaintiff in the Maryland case in March, to enforce collection. If I file to vacate, do I file in MD, DE or both?

[ScottGem]

Md