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Questions Answered by Elizabeth Pugliese
2 Answers | Asked in Child Custody and Child Support for Maryland on
Q: Mom keeping daughter away from dad, never married, no order for support or visitation set up

My ex hasn't allowed me to see my daughter in over a month now. We don't have a court order custody agreement and haven't lived together in over a year. When I message her asking when i can see my daughter she doesn't respond and recently stated that she (my ex) doesn't... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Jan 17, 2021

Rather than withholding support which only harms your daughter, you need to go to court and file for access. With a court order, you don't need to ask your ex when you can see her. It's all spelled out in the Order.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: child no longer lives with custodial parent, does my brother still need to pay child support to ex wife?

My brother and his wife had a child support agreement done while his adopted son (her biological son), lived with her full time. (13 year old boy). Since then, she has been passing him around and does NOT want him living with her and her new boyfriend. At the moment, he is living with his aunt, and... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Jan 16, 2021

If the agreement is actually a court order, he needs to file in court to modify the child support. He will have to prove the child is not living with her.

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: What do if I do if my children's father will not answer my calls to see the children when it's court ordered?

I have 50/50 legal joint with the father as well as 3 weekends a month and he has primary residencial. He is not answering my calls or texts so I can make arrangements to pick up the children. This is court ordered. What can I do?

Elizabeth Pugliese
Elizabeth Pugliese answered on Nov 30, 2020

The court orderr should state when access occurs and where pick up is so you should not have to make arrangements. You should show up at the right time and place. If it does not, you are still supposed to have your access. If the father is not allowing it, you can file contempt with the... Read more »

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: My ex was tested for covid our son is suppose to be with him this weekend. Can I keep him if his results aren't back

If the results are negative I will gladly send him there but if they aren't back or are positive can I get in trouble for keeping him home when it is his weekend. He insists that he is pick him up regardless. I have already had him my weekend this month so I can't just trade weekends with him

Elizabeth Pugliese
Elizabeth Pugliese answered on Nov 26, 2020

Tallk to your ex. See if you can switch weekends or make it up later. You have to follow the court order but you can work out an arrangement if you both agree.

1 Answer | Asked in Child Support, Divorce and Family Law for Maryland on
Q: Which percentage of the extraordinary medical expenses do I pay since my child support order has recently changed?

I was paying 73% of the extraordinary medical expenses for my kids. On 2 November it was lowered by the court to 54%. My ex sent me a bill on 5 November for September and October medical expenses and said I owed 73% since that was what the percentage was in September and October before it was... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Nov 21, 2020

73%. Look at this way, do you want to be the parent who argues over needed medical treatment for the child and who pays it? If you wind up paying more than you think you "should" focus on the fact your child needed care.

1 Answer | Asked in Divorce for Maryland on
Q: Is a marriage contract from France (which calls for separation of assets of spouses) enforceable in Maryland

If a couple (one from each nationality) married in France and then lived in the United States, would the French marriage contract (signed, notarized, no duress) be valid?

Elizabeth Pugliese
Elizabeth Pugliese answered on Nov 3, 2020

It could be. It does depend on the circumstances just like any other contract between two adults. If the assets are divided fairly and there was no duress it could be considered valid. But it would have be reviewed by a Maryland attorney and it could still be challenged and a judge would... Read more »

1 Answer | Asked in Child Custody for Maryland on
Q: biological ‘father’ has not seen child, no financial contribution, or communication with mother in over a year.

is this considered abandonment? termination of rights..? child’s DOB is 1/3/19. last seen early october 2019, last heard from late september 2019. last financial contribution late august 2019. sent email this past weekend asking to see child.. located in montgomery county maryland

Elizabeth Pugliese
Elizabeth Pugliese answered on Oct 28, 2020

Parental rights may only be terminated through a formal court proceeding. The long absence may be considered when determining custody, but it is not a termination of rights. Without a court order both parents have equal rights to parent the child. You should file for custody to determine... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: Legal rights wrt equitable division of real estate property?

Finalizing divorce. Ex is re-financing the house in her name to get mine off of it. Current agreement is that she will give me 1/2 of the current equity of the house minus 10% of the value of the house to cover closing costs and other charges

when she sells it years from now. Do I have the... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Oct 10, 2020

One she pays you your share at the time of the divorce, you have no further rights to the home. The refinance removes you from the mortgage and the title. It is hers. If she sells in the future, she gets 100% of the equity. You are only entitled to what you built up together. Once you... Read more »

1 Answer | Asked in Child Support for Maryland on
Q: My daughter turned 18 last year but graduated HighSchool in June. The IWO hasn't been adjusted though.

I was under the impression from correspondence that this would be automatic. When I contacted OCS I was sent a mod document which is more than I thought was necessary. Every time I try to call their 800 number for AA county it's busy. Not sure what I should do, filling out a full financial... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Sep 21, 2020

It is not automatic. The court/ child support enforcement is not watching to see when a child turns 18 or graduates high school. You must file with the Court to terminate (modify) the support. It is only retroactive to the date of filing -- not the date of the child graduating high school so... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Maryland on
Q: how can I get my driver's license renewal suspended by child support
Elizabeth Pugliese
Elizabeth Pugliese answered on Sep 15, 2020

I presume you are asking how to get your driver's license back after being suspended by child support enforcement. The easiest way is to make a payment on the child support owed. Pay the child support and continue to make payments to keep your license from being suspended again. If you... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: (MD) Child support filed on father not on birth certificate. Does the mom need to file for sole custody in family court?

Child support was filed with the state. The Mom was advised because paternity will now be legally established, sole custody should be filed with family court as well.

Elizabeth Pugliese
Elizabeth Pugliese answered on Aug 18, 2020

Child support does not establish custody. Until there is a court order, the parents have equal rights to the child. It is always best to get a custody order when the parents are not together.

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2 Answers | Asked in Child Custody and Child Support for Maryland on
Q: How do you find out if child support goes up with new order for custody

I filed a motion for custody for schooling an had mentioned about child support in the motion went to trial got the new order of there recommendation but it don't mention anything about child support an its been the same amount for almost 5yrs even with reasonable parenting time but now... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Aug 16, 2020

If it is not in the Order, it did not change. The order contains everything that changed. For child support to change, you have to present evidence at trial about why the child support has to change and the amount of the expense that causes the changed. It is not just asking for it to change... Read more »

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2 Answers | Asked in Child Custody for Maryland on
Q: Shared legal custody/tax filing

My sons father has primary physical custody(he has him 3 days more than i a week depending on the mo th and holidays we split) and and we have shared legal custody, can i claim my son on my taxes?

Elizabeth Pugliese
Elizabeth Pugliese answered on Aug 10, 2020

The child tax credit is set for IRS regulations based on the number of overnights. The parent with the most overnights is entitled to claim the child on taxes -- unless that parent agrees in writing to allow the other parent to claim.

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1 Answer | Asked in Family Law and Child Support for Maryland on
Q: If a father of a child isn’t on the birth certificate in Maryland does he by law have to pay child support ?

Long story short the mother of the child didn’t know who the father was when she was pregnant and gave birth. She now has my significant other on child support and Denise him his rights to see his son. In a way it looks as if she doesn’t want the father to be part of the child’s life. She... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Jul 31, 2020

Whether or not he is on the birth certificate is irrelevant to his obligation to pay child support. If the child is his, he is legally obligated to support the child. If he would like a relationship with the child, he can file a custody matter where he asks for access. The mother cannot deny... Read more »

1 Answer | Asked in Child Custody and Child Support for Maryland on
Q: If im on child support do i get visition rights for my children?
Elizabeth Pugliese
Elizabeth Pugliese answered on Jul 26, 2020

Two separate things. If you want access and are not getting it, you must file for it. You are entitled to some form access whether or not you are paying child support. On the other hand, paying child support does not guarantee a certain level access.

1 Answer | Asked in Child Support for Maryland on
Q: daughter is 18 and her father denied me paying child support. She is going to college now can he still get me for it now

He denied child support in original custody case 8 years ago. But is now threatening to put me on child support.

Elizabeth Pugliese
Elizabeth Pugliese answered on Jul 25, 2020

In the State of Maryland child support ends when the child turns 18 or graduates high school whichever is later. It does not continue because the child is attending college. Nor can he file for back support in Maryland. Support is only from the date of filing for it, not before that.

1 Answer | Asked in Child Support for Maryland on
Q: My stimulus check was took and the cps in wv say they have no proof it was taken..i have proof. And the mother recieved.

The daughter is 19 and I havnt seen her in bout 13 yrs.

Elizabeth Pugliese
Elizabeth Pugliese answered on Jul 9, 2020

If arrears are still owed despite the child being 19, your stimulus check can be seized just like your tax refund.

1 Answer | Asked in Child Support for Maryland on
Q: Is it recommended to file taxes separately when husband has child support obligations?

Husband had child outside of our marriage. After that mess, we managed to still be together. Financially, I would not like any of my hard work /financial to be something the birth mother can use to her favor. My husband has 50/50 custody with child support obligations. If any motion is filed and... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Jul 3, 2020

Only your husband's income would count towards the child support obligation. You have no legal obligation to the child so you income cannot be considered for calculating the obligation.* His income is proved in ways other than tax returns. His W-2 shows only his income.

For...
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1 Answer | Asked in Child Custody for Maryland on
Q: How do l enforce a order for visitation and communication if the other parent refused and sends child to another state

We supposed to have every other weekend every other holiday 8wks out of the summer and communication 7pm daily we have not seen the child since February and no communication since april a well check was done and the officers was told the child was not there but in north Carolina

Elizabeth Pugliese
Elizabeth Pugliese answered on Jun 15, 2020

You must file against the other person for contempt. The court has the power to enforce the current order against the other parent. If the child is out of state, t he other parent can be required to return the child to the state.

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