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Questions Answered by Elizabeth Pugliese
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.

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.

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