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Questions Answered by Elizabeth Pugliese
1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: My son's father owes over $12,000 in child support and refuse to pay. He closed all his bank accounts and quit his jobs.

He started working under the table, moved so I cannot find his address, and has Virginia license tags. He has social media showing that he is working and stated in text messages that he is working his own business under the table. He gets him during the summer, and I get to see him during my... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Apr 27, 2023

You need to file contempt. Deliberate failure to follow a court order could cause a judge to hold him in contempt. Contempt is to secure future compliance with an order -- so yes, the court can actually make him follow it. Or face severe consequences up to and including jail.

For...
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1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: Does my baby mother have the right to know my precise location when I have our child if she knows the street address?

I told her the street address where I was staying and showed her around the house and even let her talk to the owner of the apartment but I don’t feel comfortable telling her the door number. I am living with my uncle to get financially stable and he said she cannot come over. At first she agreed... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Feb 15, 2023

Yes she has the right to know the precise location. If there is an emergency she needs to know exactly where the child is. Playing games about addresses never goes over well if this gets to court. Being more forthcoming and being willing to work with the other parent by giving information... View More

1 Answer | Asked in Child Custody for Maryland on
Q: I have joint physical and legal custody of my 15year old! My child’s father moved out of the state

He changed his phone number and I have not heard from him in 18days! Our custody agreement states he is to provide a notice 90 days prior to moving! Just curious if I have grounds for emergency custody

Elizabeth Pugliese
Elizabeth Pugliese
answered on Jul 30, 2022

Emergency custody is if the child is in danger as in out of the country or actual blood on the floor. If the child is with the father, then you can file contempt if the child is not returned at the appropriate time. If the child is with you, then you can file to modify since the father seems to... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Maryland on
Q: Hi I am from Louisiana but recently moved to Maryland I have questions.

I received full custody of my son in 2019 after his dad was arrested for choking him and other things, my son's dad went back to prison in September 2019 for attempted murder on police and has been in there since, sentenced to 14 years. His father has a long record of violent offenses and... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Feb 23, 2022

Yes you will need his signature. believe it or not, you will have to consent to your boyfriend adopting your son too. There is a process to go though. A good lawyer can guide you through this process.

3 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Maryland on
Q: If granted sole physical and legal custody, what rights do I have? If the order has Contradictions.

I have a PL order that grants me sole legal and residential custody but the custodial time given to my spouse is very liberal. It also contradicts the fact that I am the one with sole legal custody. The order states that our daughter will participate in extracurricular activities and gives him the... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Mar 1, 2021

Physical custody is were the child and the day to day things -- like extracurricular activities. Legal custody is the big things like religion, non-emergency medical care and education. If the other parent has liberal access you want an order that states that parent must take the child to... View More

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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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More

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