I filed a Motion to Reconsider on 10 February 2011. On 4 February 2011 I received an Order from the Court for a Modifications Hearing on 31 January 2011.
There were three clear errors in the Court's ruling:
1) The Court maintained that I was obligated to pay child support until the child was 19. The child turned 19 on 7 February 2011. Last year in June he failed to graduate from high school and subsequently enrolled as a special student at a local junior college. He was no longer enrolled in secondary education and today he continues to be enrolled at the same local junior college.
2) Last year the Maryland State Legislature (House Bill 500 if I am not mistaken) changed the child support guidelines. The rates increased. These new rates were not to take effect until 1 October 2010. It was specifically stated that the old rates were to be used until 1 October 2010. The Court calculated child support from December 2009 through February 2011 using these new rates.
3) The Court without benefit of any written document attributed $ 200.00 a month for my ex-spouse for her health and dental insurance payments toward child support. Her verbal testimony was not at all reliable. The Court ordered me in July 2009 to put my son on my employer's health and dental plans until graduation from high school. I did as ordered and didn't cancel the insurance coverage until 1 January 2011.
It is now 22 February 2011 and I have received no response from the Court on my Motion to Reconsider. As there is only a 30 day clock to file an appeal, do I need to file a Notice to Appeal now? My past history with the Court leads me to conclude that I will not receive a response from the Court prior to the end of the 30 day clock. If I do not file a Notice to Appeal, what will likely happen if the Court does not respond prior to the end of the 30 day appeal period?
There were three clear errors in the Court's ruling:
1) The Court maintained that I was obligated to pay child support until the child was 19. The child turned 19 on 7 February 2011. Last year in June he failed to graduate from high school and subsequently enrolled as a special student at a local junior college. He was no longer enrolled in secondary education and today he continues to be enrolled at the same local junior college.
2) Last year the Maryland State Legislature (House Bill 500 if I am not mistaken) changed the child support guidelines. The rates increased. These new rates were not to take effect until 1 October 2010. It was specifically stated that the old rates were to be used until 1 October 2010. The Court calculated child support from December 2009 through February 2011 using these new rates.
3) The Court without benefit of any written document attributed $ 200.00 a month for my ex-spouse for her health and dental insurance payments toward child support. Her verbal testimony was not at all reliable. The Court ordered me in July 2009 to put my son on my employer's health and dental plans until graduation from high school. I did as ordered and didn't cancel the insurance coverage until 1 January 2011.
It is now 22 February 2011 and I have received no response from the Court on my Motion to Reconsider. As there is only a 30 day clock to file an appeal, do I need to file a Notice to Appeal now? My past history with the Court leads me to conclude that I will not receive a response from the Court prior to the end of the 30 day clock. If I do not file a Notice to Appeal, what will likely happen if the Court does not respond prior to the end of the 30 day appeal period?
