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The ex-wife of Frederick County State's Attorney Charles J. Smith has filed court papers accusing him of not paying child support for their two children in the eight years since they have been divorced.
Heather Price Smith, 43, filed a "petition for contempt" with the Frederick County Circuit Court on Aug. 20.
The papers state that the court ordered Smith (R) to pay $209 per month for the couple's two children, now 13 and 14. As of Aug. 1, he owed $19,444 in back child support, the papers state.
His ex-wife does not want the court to order jail time, according to the papers, which The Gazette obtained Wednesday.
In contempt cases, a judge can order that a non-paying parent's paycheck be garnished to cover back support, according to the Maryland Judiciary. Smith's annual state salary is about $118,000.
Heather Price Smith confirmed Wednesday that she filed the paperwork, and that her ex-husband has never paid child support for their two children.
Charles Smith, 43, who was elected to his post in November 2006, issued a written statement Wednesday afternoon after The Gazette called him for comment.
"When we first separated, we had an agreement that I pay her $200 a month. I paid that amount, and much more at times, until she got a different job," Charles Smith wrote in the statement. "After that happened, we've had a standing agreement that neither of us owed the other child support because there have been years that her income was higher than mine, and vice-versa."
Charles Smith has served as Frederick County State's Attorney since Jan. 2, 2007. Prior to that, he served as deputy state's attorney from 1998-2006.
Heather Price Smith is a private attorney in Frederick. She previously served as attorney for the City of Frederick.
"We always have had shared physical custody, the kids splitting time at each household, and have always shared expenses 50/50, reimbursing each other frequently if someone was out-of-pocket more than the other," Charles Smith said in his statement. "I have never once asked for child support all these years, nor has she."
Heather Price Smith would not say why she is just now taking her ex-husband to court following eight years of non-payment.
A hearing date has not been set.
The Smiths married in 1991 and divorced in 2000. Charles Smith has since remarried and has two other children.
"It would've been nice to discuss it in detail without filing legal papers, but I'm still hopeful for the sake of our children we can work out whatever concerns she now has," Charles Smith said in his statement.
