Questions Answered by Elizabeth Pugliese

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

1 Answer | Asked in Child Support for Maryland on
Answered on Apr 23, 2019
Elizabeth Pugliese's answer
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.

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

1 Answer | Asked in Civil Litigation, Family Law, Child Support and Civil Rights for Maryland on
Answered on Apr 17, 2019
Elizabeth Pugliese's answer
You need to file in the child support case and request an audit of your case. this will ensure they correct your record.

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

1 Answer | Asked in Child Custody and Child Support for Maryland on
Answered on Mar 20, 2019
Elizabeth Pugliese's answer
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.

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?

1 Answer | Asked in Child Custody for Maryland on
Answered on Nov 10, 2018
Elizabeth Pugliese's answer
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.

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

1 Answer | Asked in Domestic Violence for Maryland on
Answered on Nov 6, 2018
Elizabeth Pugliese's answer
You can try for a protective order. Or you can just report the emails to the police.

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

1 Answer | Asked in Divorce and Child Support for Maryland on
Answered on Oct 23, 2018
Elizabeth Pugliese's answer
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.

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

1 Answer | Asked in Divorce and Family Law for Maryland on
Answered on Oct 15, 2018
Elizabeth Pugliese's answer
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.

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

1 Answer | Asked in Child Support and Divorce for Maryland on
Answered on Oct 8, 2018
Elizabeth Pugliese's answer
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 amount, no need for an explanation.

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.

1 Answer | Asked in Child Support for Maryland on
Answered on Oct 7, 2018
Elizabeth Pugliese's answer
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.

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

1 Answer | Asked in Child Support, Civil Litigation, Divorce and Family Law for Maryland on
Answered on Sep 28, 2018
Elizabeth Pugliese's answer
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 out -- short of proving fraud at the time of creation. Not being in the right emotional state is not fraud.

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

1 Answer | Asked in Child Custody and Child Support for Maryland on
Answered on Sep 28, 2018
Elizabeth Pugliese's answer
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.

Q: What is the process of getting an annulment?

1 Answer | Asked in Family Law and Divorce for Maryland on
Answered on Sep 17, 2018
Elizabeth Pugliese's answer
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.

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

1 Answer | Asked in Child Support for Maryland on
Answered on Sep 7, 2018
Elizabeth Pugliese's answer
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.

Q: Hello! What is the process for a legal last name change for a minor child? I live in Prince George County.

1 Answer | Asked in Family Law for Maryland on
Answered on Sep 1, 2018
Elizabeth Pugliese's answer
Maryland has the right to grant the name change as the children live here now and are residents. However, the court requires you to make extraordinary efforts to locate the father to try to obtain his consent. This is because it's not custody but a termination of his rights. It can be done, it just takes time.

Q: I was awarded sole custody of my son in MD. Prior to our divorce, my ex moved to NY. Can she stop me moving to CA?

1 Answer | Asked in Family Law and Child Custody for Maryland on
Answered on Aug 29, 2018
Elizabeth Pugliese's answer
The concern for the court is -- will this affect the current custody arrangement. If she is supposed to see the kids every other weekend, well that's harder from California. But if it won't affect the current arrangement, unlikely to be able to actually stop it.

However, even if she says you can't go. You can always file with the court for permission to move. If the court feels it is in the best interest of the child and there will still be access (skype/facetime is great for...

Q: My child is 18 and graduated June 1st. VA Child Support Agency say I have to pay CP for the entire month. Is this true?

1 Answer | Asked in Child Custody for Maryland on
Answered on Aug 15, 2018
Elizabeth Pugliese's answer
Yes. The child still has expenses just because of an accident of being born on the first day of the month does not make that go away.

Q: I got married at the courthouse March 18' Mistake. What are my options to end this ASAP?

1 Answer | Asked in Divorce for Maryland on
Answered on Aug 15, 2018
Elizabeth Pugliese's answer
You can try for an annulment but that requires something that would have prevented the marriage from going forward in the first place, not just finding out later you were not a right fit.

Or you can both mutually agree to divorce. It merely takes a written settlement agreement of all issues (unlikely to be any issues to settle for a marriage this short) and then filing.

You should speak to an attorney regarding your options.

Q: In MD, are there ways around having to be separated for a year? Is it true this law is changing in October? Thank you.

1 Answer | Asked in Divorce and Family Law for Maryland on
Answered on Aug 13, 2018
Elizabeth Pugliese's answer
You must be separated for one year unless you have reached a written agreement on all issues, financial, property and related to the child prior to filing for the Absolute Divorce.

Q: I’m having a baby by a man who is fully supported by his mom. Can I sue his mom if she claims him on her taxes?

1 Answer | Asked in Family Law, Tax Law and Child Support for Maryland on
Answered on Aug 11, 2018
Elizabeth Pugliese's answer
All of the support provided to him by his mother can be considered income. Also if he is physically capable of working but does not, the court can impute income to him. You will need an attorney to help you pursue him for child support.

Q: US citizens, married abroad years ago; but no US marriage license. Can they legally divorce in MD where they live? How?

1 Answer | Asked in Divorce for Maryland on
Answered on Aug 7, 2018
Elizabeth Pugliese's answer
The location of the marriage does not matter as long as it was a valid marriage where it was performed. Maryland can grant a divorce from any valid marriage.

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