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Questions Answered by Elizabeth Pugliese
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.

1 Answer | Asked in Domestic Violence for Maryland on
Q: My ex boyfriend sits outside of my apartment taunting me.

Last night he threw firecrackers at my apt. I thought it was a shotgun because of the very loud sound so i called the police and told them i heard a shotgun firing by my apt. They came and admitted that he had firecrackers but no gun on him. He has threatened me in the past. The cops allowed him to... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Jun 7, 2020

You can seek a protective order for stalking. While he is technically allowed to be on public roads and such if you get a protective order that covers harassment and he is not allowed on common areas of your apartment such as the parking lot. You can get one from a commissoner if the court is... Read more »

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: Non custodial parents refuse to provide his new address since Nov 2019, but still wants visit every other weekend.

My ex moved from is mom's house in Nov 2019, during is weekend with our 6 yr old daughter. Mom's address is on record in the court order. I found out he moved for my daughter (I had to buy her a phone because he was never home when I called to speak to her). I asked him about it and he... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Jun 4, 2020

First check the court order. Does it require that parents provide each other their address? If it does, you can file contempt.

Regardless of that step, you can file in court to modify the custody. You can cite as the reason for the change he moved. Then let the court sort it out...
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1 Answer | Asked in Child Custody and Child Support for Maryland on
Q: Am I required to provide clothing for non custodial parent?

I am the custodial parent and receive child support from their father. He feels that because he pays support that I should buy clothes for the kids to keep at his house. I don't think I should be required to provide their basic necessities for his house. Am I required to provide all clothing... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on May 18, 2020

To keep at his house, no. You should back a bag for the kids and that bag with all its contents should come back from each visit. If he wants clothes kept at his home, he should provide them. Child support is not enough to cover two sets of clothing for the kids plus provide for their other... Read more »

2 Answers | Asked in Child Support for Maryland on
Q: Son turns 18 Feb 2021; will still be in H.S. What and when do I file to continue child support payments until graduation

I am the custodial parent.

Elizabeth Pugliese
Elizabeth Pugliese answered on May 17, 2020

You do not need to file to continue the child support. Neither the state nor child support enforcement is keeping track of birthdates.

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2 Answers | Asked in Child Support for Maryland on
Q: My boyfriend has 3 kids Child support is for MD, 2 kids have aged out and not in school, supposed to decrease?

He lives in TN and order is for MD, he has never had arrears until COVID-19 (and might only be one month if that) he got a letter stating they want 60% of his paycheck and all 3 kids are listed. (one is 21 and the other 20) but the payment he was paying for all 3 is still the same for one kid. He... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on May 7, 2020

The payment does not automatically change. No one at the court or child support enforcement is keeping track of children's ages. The only solution is what you were told. You must file to modify it.

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1 Answer | Asked in Criminal Law for Maryland on
Q: In Maryland, is it legal to use a hidden voice recorder to see if your spouse is having an affair?
Elizabeth Pugliese
Elizabeth Pugliese answered on May 4, 2020

It is not legal in Maryland to record someone without their permission -- no matter the reason. Not only will a judge not listen to it, but you could be exposing yourself to criminal charges.

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: My son has a child out of wedlock and the child has been living with him for three years does he have custody

The mother lived with me and my husband for a 1 1/2 years with my son and the baby and then they all moved out for a year and then my son came back with my grandson and been living with us for 3 yrs now. Does he have custody or can she just take him because she want her daughter to be raise with my... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Apr 14, 2020

Without a court order, both parents have equal custody. The mother could take the child to live with her. The best solution when the parents are no longer living together is to either reach a written agreement regarding custody that is then entered as a court order or file for custody with the... Read more »

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...
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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 »

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