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Questions Answered by Elizabeth Pugliese
1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: I have custody grandson Visits have be agreed on with parents Bc of Covid19 do I have to allow visits during this time?

Grandson is 3, I have Sole/physical custody. Mom has stayed away to prevent any spread germs but his dad still wants a weekly visit

Elizabeth Pugliese
Elizabeth Pugliese answered on Apr 1, 2020

The Maryland Stay At Home Order specifically states that travel is permitted pursuant to any court order. If the access is court ordered, it must be allowed to go forward.

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: When do you produce reference letters? At the hearing or with the initial filing?

Custody case

Elizabeth Pugliese
Elizabeth Pugliese answered on Mar 25, 2020

"Reference letters" presumably letters from friends and neighbors about the issues are not admissible in court. They are considered hearsay. There must be live testimony.

1 Answer | Asked in Divorce for Maryland on
Q: Do I need to attend a scheduling conference for a divorce?
Elizabeth Pugliese
Elizabeth Pugliese answered on Mar 12, 2020

You must attend all court dates. If you do not attend the case will go on without you and you will likely not be able to challenge what happens at that hearing.

2 Answers | Asked in Divorce for Maryland on
Q: I am currently separated from my spouse and want it file for an absolute divorce. I fall under Maryland law.

I was reading on Maryland SB 472 In not having to wait 12 months. I am an active duty military member. How would filing for this go and how do I obtain a Marital Separation Agreement

Elizabeth Pugliese
Elizabeth Pugliese answered on Feb 27, 2020

In Maryland you must be separated for at least 12 months, unless there is adultery, domestic violence OR you have reached a written agreement with your spouse prior to filing for divorce. There are no exceptions to this, not even active duty military.

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1 Answer | Asked in Child Support for Maryland on
Q: What steps do I take to terminate support after my son graduates in May?

Current on support for my 18 year old son (turned 18 Jan 2020). What steps do I take once he graduates from High School in May 2020? Does the High School provide graduation proof? Is there anything I have to submit?

Elizabeth Pugliese
Elizabeth Pugliese answered on Feb 24, 2020

You must file to terminate. The school is not tracking who has child support orders ending. Child support enforcement is not tracking who is turning 18 and/or graduating.

1 Answer | Asked in Child Support for Maryland on
Q: my child dropped out high school and obtained a ged. the child will be turning 18 in September. do I still pay support?

would the support payments stop automatically after the 18th birthday or do I notify child support in Maryland.

Elizabeth Pugliese
Elizabeth Pugliese answered on Feb 4, 2020

You must file to stop the child support, when the child turns 18 in September. No one is keeping track of the child's birthday at child support enforcement.

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: I filed for sole legal and physical custody in MD, how do I know when the defendant has been served?

Does the circuit court handle serving the defendant for you or is that something you have to do yourself?

Elizabeth Pugliese
Elizabeth Pugliese answered on Jan 18, 2020

You must make arrangements to have the Defendant serve. You cannot serve the Defendant yourself, as in hand the person the papers, or mail them yourself. The sheriff will do it for $40. A private process server is slightly more.

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Filed for child support in md, father moved to PA to get out of paying. Signed agreement between both of usWhat can I do

Md will only send him papers in the mail (he keeps returning them) because of ‘jurisdiction’. We have an agreement (signed) to which he hasn’t stuck to at all regarding payments and weekends for him. What can I do to get this enforced and resolved?

Elizabeth Pugliese
Elizabeth Pugliese answered on Jan 7, 2020

You can file with the court to enforce the agreement yourself. You do not need child support enforcement to do it. Have him personally served. Then proceed with the court matter.

You should consult with an attorney about all of your options.

1 Answer | Asked in Child Custody for Maryland on
Q: I moved out of state w/ my child Nov ‘18 without notifying the court. 14 months later the father has reopened the case.

There are reasons I left. Mainly because my son, 13 then, refused to see his father Bc of abuse accusations and threats of his father to kill me in front of my son. The father then cut off all contact, including blocking my number. Financially we were on the verge of homelessness so we moved to NC... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Jan 7, 2020

Regardless of the reasons, you still needed to follow the correct process by going through the court. Will you lose custody? Probably not. However, the court will not be happy with you which will make it much harder to present your case.

Online mediation does not change a court...
Read more »

1 Answer | Asked in Child Support and Family Law for Maryland on
Q: If the parent paying child support loses their job, are they allowed to just not pay child support?

My ex husband, is a month and a half behind in child support. He just now states to me that he lost his job at the beginning of the previous month and because of that, he does not need to pay me until 6 months later? Nor does he have to pay for those 6 months once he does get a job. Is this correct?

Elizabeth Pugliese
Elizabeth Pugliese answered on Jan 6, 2020

That is not correct. The child support is an order that remains in effect until changed in another order. the full amount of child support remains due. He must pay it. If he does not, he can lose his driver's license, and other things. There is no grace period for losing a job.... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: would a spouse on the deed but not the mortgage be entitled to 1/2 the selling price of the home but not the debt?

In the state of Maryland, would a spouse who is on the deed, but not the mortgage, be entitled to half the selling price of the home but not held responsible for the debt in divorce?

Elizabeth Pugliese
Elizabeth Pugliese answered on Dec 5, 2019

The spouse is entitled to half the value of the home - regardless of how titled. The value is usually the selling price, minus brokerage fees and minus the mortgage. Basically the equity in the home.

1 Answer | Asked in Child Support for Maryland on
Q: My arrears went up 21,000 in 1 month. Is that legal possible?

1 month ago I received a letter from child support offices notifying me that I was $1400 dollars in arrears. I knew my son turned 19 October 21st of this year so I paid the entire balance hoping that I would be done with this situation. Yesterday 3 days before my son turns 19 I received a letter... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Oct 19, 2019

You can ask for an accounting from Child Support Enforcement. Be aware that no one at Child Support is keeping track of birthdates. YOU must file to end the child support. it will not happen automatically. You will be expected to pay until it is terminated by court order.

1 Answer | Asked in Divorce for Maryland on
Q: Can a "nonmarital property" of the husband be up for property division in a divorce case with these circumstances:

(1) the property was acquired (March of 2015) before the marriage (October 2015) without the wife's name on the title simply to qualify for an income-based program (Housing Initiative Partnership)

(2) the mother of the wife is the realtor that found the home and the program intending to... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Sep 25, 2019

The home most likely would be considered part marital and part separate property. From March of 2015 - Octover 2015 it would be separate property. From the date of marriage it could be argued it is marital property.

1 Answer | Asked in Divorce, Family Law and Animal / Dog Law for Maryland on
Q: I recently left my abusive husband and got a protection order in which I get my dog but he won't give him up

I dont know what to do. The order says I get the dog but he wont give him back and when asked in court he said he give my dog away to his cousin to foster and wouldn't say who. I asked around and none of his cousin say they have him and this rest of the family won't tell me. Everyone is acting... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Sep 5, 2019

You file contempt with the court and ask that he be jailed for not turning over the dog. He can get out of jail by giving you the dog. It's a court order. Even if he gave the dog away, he is still required to get the dog back and give it to you.

2 Answers | Asked in Family Law and Child Custody for Maryland on
Q: Pregnant stay at home mom.

My sister is a pregnant (7 months) stay at home mom of 3 girls (babygirl due in October). Her husband was caught cheating on the same day my sister told him she was pregnant. She’s had a part time job for the last year in efforts to transition back into the work force. Now she has a high risk... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Jul 30, 2019

The parent with more money is not a consideration. It is who actually cares for the children and is willing to care to for them. If he suddenly wants the kids when he only sees them when he asks while not providing any financial support, the court will likely realize this is about not paying... Read more »

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2 Answers | Asked in Child Support for Maryland on
Q: Am I still obligated to pay child support if my child graduates from high school at the age of 17? I live in MD.
Elizabeth Pugliese
Elizabeth Pugliese answered on Jul 29, 2019

Child support is until age 18 OR high school graduation -- whichever is later.

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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
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
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
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
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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