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.
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.
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.
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.
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.
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.
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.
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.
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...
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.
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.
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.
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