Maduako v. Maduako (2016): the Importance of Timely Filing

Numerous times on our blog we’ve hinted at the importance of timing in the context of divorce and family litigation. There is simply no getting around this fact: when you’re dealing with family court, you always need to be conscious of timing. You need to respond to court notices, hearings, and procedures in a timely fashion; otherwise your entire case can suffer substantially. In some cases, in fact, your whole case can be turned upside down, and you may end up losing in a situation in which you may have been victorious by following the applicable time requirements.

One example of this phenomenon is the case of Maduako v. Maduako; in that case, a father failed in his attempt to reduce his monthly child support obligations. Let’s look at that case in more detail.

Summary of Maduako v. Maduako (2016)

The couple in this case had three children prior to divorcing. After the divorce, the father was ordered to pay monthly child support, and the amount of the support was set consistent with Maryland’s state guidelines. Later on, the father lost his job and consequently suffered a drop in his income. Furthermore, two of the children had become legal adults. Because of his lack of employment, and the new status of two of children, the father put in a request with the Office of Child Support Enforcement to have the monthly payment amount reduced. The office then made a formal request to the court for this reduction. Upon reviewing the request, the judge made a decision to deny the request. The judge then began the process of writing a proposed order to formally deny the request for reduction. The father then attempted to file an appeal against this proposed order. Ultimately, the father’s attempt to block the judge’s recommendation was unsuccessful, and his monthly payment obligation remained the same.

Outcome & Discussion

Typically, a loss of employment, or a change of status among dependent children, will provide a basis for a child support modification. However, in this situation, the father ultimately failed to change the obligation because he failed to follow the time guidelines for filing his appeal. When the judge submitted his proposed order to deny the modification, the father immediately filed his appeal to block this proposal. Appealing a proposed order is something which is not permitted in Maryland, and so the father’s attempt failed on that basis. Then, after the denial had been accepted, the father failed to file an appeal of that order within 30 days. Litigants in Maryland have a 30 day deadline by which they must file an appeal to combat this type of order. When the father failed to file within that timeframe, he lost the case.

This is a perfect example of the importance of hiring competent counsel to assist with the child support modification process. If the father had been cognizant of the deadlines, and had filed in a timely fashion, there is a chance he would have been successful.

Reach Out to the Murphy Law Firm Today

If you want to learn more, or if you have a currently unresolved issue, don’t hesitate to reach out to one of the leading attorneys at the Murphy Law Firm today by calling 240-219-5243.