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Questions Answered by Elizabeth Pugliese

2 Answers | Asked in Child Support and Family Law for Maryland on

Q: If a non custodial parent dies. Can I get child support court ordered from the spouse of the deceased non custodial?

Elizabeth Pugliese answered on Jul 12, 2019

Child support is between the parents. The spouse has no legal obligation to provide support to the child.

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1 Answer | Asked in Child Custody and Child Support for Maryland on

Q: Is there a way that Me and my sister can move with my dad because my mom is rarely there to take care of us.

I’m 17 and have been asking my mom multiple times if I could go live with my father because she is constantly getting home late from work where she works from 8:00am - 4:30 but gets home at a lot of times 9pm or even sometime 12am at night. When she isn’t home always have to take care of my... Read more »

Elizabeth Pugliese answered on Jul 3, 2019

Your father can file to modify custody. He does not need your mother's permission to do so. Also in the state of Maryland, you can petition the court in your own right to modify YOUR custody. If your sister is under 16, she cannot do it herself.

1 Answer | Asked in Child Support for Maryland on

Q: My son is 18 and just graduated high school. Is my ex obligated to continue to pay child support until he turns 19?

He will turn 19 Dec 13, 2019 so I'm trying to figure out in the State of Maryland does my ex still pay until he turns 19

Elizabeth Pugliese answered on Jun 18, 2019

It ends at 18 OR graduation from high school whichever is later. It does not last until the 19th birthday.

2 Answers | Asked in Child Support and Divorce for Maryland on

Q: I am separated and moving toward the divorce. I make substantially more money than my ex, but she only works part-time.

We have shared custody 50/50, but the monthly child support I pay is significant. Should this be calculated on her earning potential instead of her actual since she chooses to work part time and is using my child support her?

Elizabeth Pugliese answered on Jun 18, 2019

Child support is based on actual income, not speculation of what someone thinks she could be making.

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1 Answer | Asked in Family Law and Child Custody for Maryland on

Q: What right do a Noncustodial parent have when it’s no Custody/Visitation order in place

Mom and child are maryland residents. Dad lives in Philadelphia. Mom is the only one on the birth certificate but dad did Establish paternity. We have been to court but the case was dismissed without prejudice because dad didn’t show up. So now I’m face with boundaries being cross confuses as... Read more »

Elizabeth Pugliese answered on Jun 13, 2019

Unless there is an order specifying otherwise, both parents have equal rights to have the care of the child and to make decisions about the child.

2 Answers | Asked in Child Support for Maryland on

Q: My daughter is 18 but she dropped out of school. She has not graduated. Am I obligated to pay support?

Her mother signed her drop out papers. She is not in school

Elizabeth Pugliese answered on May 22, 2019

If there is a current child support order, file to terminate immediately. It will not happen unless you file. The Mother probably will not. If it is going through child support enforcement they do not keep track of the age of the children and modify it for you. You must act.

Child...
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1 Answer | Asked in Child Custody and Child Support for Maryland on

Q: My childs father is going for shared custody

He was abusive to me and got arrested when i finally called 911 and i have a protective order and through that protective order i made sure he could see our daughter this happened 5 months ago she is now 8 months but he sees her tuesday,thursday 4-9pm on those days and monday, Wednesday, 4-9pm and... Read more »

Elizabeth Pugliese answered on Apr 28, 2019

If he actually said that in court, he is not getting joint custody. One of the factors in determining custody is sincerity of request. The parent has to want to have the child, not just want to get out of child support.

The court will consider the totality of the situation in...
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1 Answer | Asked in Child Support for Maryland on

Q: If son takes nite classes twice a week for welding does that classify as college..hes 20..divorce final when he was 18..

Ex says im still obligated to pay cause hes in "college"..nothing was done with child support at divorce cause he was 18..nite classes are t a credited 2 or 4 yr college? What are my rights

Elizabeth Pugliese answered on Apr 23, 2019

Child support ends at age 18 in Maryland. Unless there is a written agreement between the parties, there is no obligation for either parent to pay for college.

1 Answer | Asked in Civil Litigation, Family Law, Child Support and Civil Rights for Maryland on

Q: Prof. licenses were requested to be suspended before a background check for new job offer completed. Now what?

OCSE requested the MBON suspend my licenses for non-compliance. One of the problems with this is, I was in compliance. This is the second time the OCSE has caused me to lose a job opportunity because of inaccurate information and an unwillingness to resolve the balance of the support order. I... Read more »

Elizabeth Pugliese answered on Apr 17, 2019

You need to file in the child support case and request an audit of your case. this will ensure they correct your record.

1 Answer | Asked in Child Custody and Child Support for Maryland on

Q: Is it considered child support fraud if my son resides with me for the last 2 years and she still receives child support

She refuses to switch his school or stop the child support because it helps her pay her bills. But I feed him clothe him take and pick up from school what can I do? I have plenty of text messages and people who have witnessed this who stated they would go to court for me

Elizabeth Pugliese answered on Mar 20, 2019

You MUST file to modify the child support. As long as the order is in place, it must be followed. If she will not modify it, you must.

1 Answer | Asked in Child Custody for Maryland on

Q: My friend recently came out as a lesbian and now her ex husband is flipping out. Can he take her kids away from her?

Elizabeth Pugliese answered on Nov 10, 2018

Custody is determined by a number of factors based on the best interest of the children. Sexual orientation is not one of the factors. If she has a new partner, the character of the new partner may matter -- regardless of gender of the new partner.

1 Answer | Asked in Domestic Violence for Maryland on

Q: I am a domestic abuse survivor. My children and I escaped in June of 2011. My ex is now sending me emails saying

My husband and I are taking part in illegal activities. He hasn't said what activities. We aren't. I received another one today. I have asked him to stop and he hasn't. Can I get another PFA to make him stop emailing me and leave me alone? I feel like I am being abused all over again. And I... Read more »

Elizabeth Pugliese answered on Nov 6, 2018

You can try for a protective order. Or you can just report the emails to the police.

1 Answer | Asked in Divorce and Child Support for Maryland on

Q: My ex wife applied for Campership and received a 2000 discount off our bill, she thinks that satisfies her portion 67/33

67/33% split. Should our percentage to income be calculated based on the final amount?

Elizabeth Pugliese answered on Oct 23, 2018

What you must split is the cost that is actually paid by the parents. In other words, the remainder due is split between you both 67/33. While she should be applauded for her initiative in getting the reduced cost, there is still a remainder to be paid. That is both parents' responsibility.

1 Answer | Asked in Divorce and Family Law for Maryland on

Q: My husband filed divorce and it was finalized in May. I never signed the papers. Could I ask for alimony?

I didn't respond to the notice because I couldn't find a lawyer in time. I found out that he has income greater than explained to me. He has been sending me over $500 a month. We have a child support order but its only for $111 a month.

Elizabeth Pugliese answered on Oct 15, 2018

Your deadline to respond was 30 days after you were served -- whether you had an attorney or not. Once the divorce is final, you cannot go back and ask for alimony.

1 Answer | Asked in Child Support and Divorce for Maryland on

Q: I want to file for divorce but they told me I need something from child support but I pay my ex myself.

When we split we agreed to a certain amount and I pay that. I am not sure what paper they are talking about because when I called child support they could not help me since they did not have me in their system. I am looking for answers so I can put this behind me.

Elizabeth Pugliese answered on Oct 8, 2018

You need to attach what is called Child Support Guidelines that show the amount that Maryland thinks you should be paying. If you are paying less than that, you must provide a good reason (other than this is what we agreed) why you are paying less. If you are paying more than the guidelines... Read more »

1 Answer | Asked in Child Support for Maryland on

Q: My sons father Quit his job the day I filed for child support 1month ago .Will he not have to pay? Court is November.

He claims he is still unemployed. I feel like he maybe getting paid under the table but I’m not 100 percent sure. What should i do ? He hasn’t helped financially in about a month but I see him out at clubs on soical media he also has 2 cars that he has to make payments on so he’s getting... Read more »

Elizabeth Pugliese answered on Oct 7, 2018

If he is physically and mentally capable of working the court will impute income to him for purposes of child support. He will owe it whether he is working or not. If he does not pay, his driver's license will be suspended.

1 Answer | Asked in Child Support, Civil Litigation, Divorce and Family Law for Maryland on

Q: Question on if a divorce agreement can be changed 4 years later

Hi

My question is, due to the emotional and physical abuse to the woman at the time, is it possible to go back and ask for a change to a divorce settlement bc the woman at the time was not of the right mind to carefully examine and understand her options and rights under the law?... Read more »

Elizabeth Pugliese answered on Sep 28, 2018

Unfortunately no. Once a divorce is final, you cannot go back and ask for alimony or any property division. Only custody and child support are modifiable.

If everyone has been following the agreement for four years and receiving the benefits of it, the court is not going to throw it...
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1 Answer | Asked in Child Custody and Child Support for Maryland on

Q: Ok so my wife had custody of my now 10 year old daughter but my daughter actually has been living with me.

My ex moved out of state but is un willing to give me an address. She has not told me when and how she wants to arrange visitation. Do I still need to pay child support according to Maryland law?

Elizabeth Pugliese answered on Sep 28, 2018

If there is a court order in effect, you must continue to follow the Order. However, if your daughter is actually living with you, you need to go to court and get that order modified so that you can stop paying child support.

1 Answer | Asked in Family Law and Divorce for Maryland on

Q: What is the process of getting an annulment?

I got married in May 2014 and I got a divorce October 2017. How do I proceed in getting an annulment?

// edit: If I was already granted an Absolute Divorce, is there no possible way to get remarried? Or since I got an Absolute Divorce, I am able to get remarried and that would be considered... Read more »

Elizabeth Pugliese answered on Sep 17, 2018

If you are already divorced, you cannot get an annulment. An annulment is a legal statement that the marriage should not have occurred in the first place based on very specific reasons. If you were granted a divorce, that means there was a legal finding that there was a marriage.

1 Answer | Asked in Child Support for Maryland on

Q: I’m ordered to pay child support in Maryland, the mother has moved out of state; where the cost of living is cheaper.

Is there anything I can do about a reduced payment

Elizabeth Pugliese answered on Sep 7, 2018

Child support is based on parent's incomes not the cost of living. A court will not change solely based on a move to a cheaper place.

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