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Questions Answered by Elizabeth Pugliese
1 Answer | Asked in Child Support and Divorce for Maryland on
Q: I want to file for divorce but they told me I need something from child support but I pay my ex myself.

When we split we agreed to a certain amount and I pay that. I am not sure what paper they are talking about because when I called child support they could not help me since they did not have me in their system. I am looking for answers so I can put this behind me.

Elizabeth Pugliese
Elizabeth Pugliese answered on Oct 8, 2018

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... Read more »

1 Answer | Asked in Child Support for Maryland on
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.

He claims he is still unemployed. I feel like he maybe getting paid under the table but I’m not 100 percent sure. What should i do ? He hasn’t helped financially in about a month but I see him out at clubs on soical media he also has 2 cars that he has to make payments on so he’s getting... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Oct 7, 2018

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.

1 Answer | Asked in Child Support, Civil Litigation, Divorce and Family Law for Maryland on
Q: Question on if a divorce agreement can be changed 4 years later

Hi

My question is, due to the emotional and physical abuse to the woman at the time, is it possible to go back and ask for a change to a divorce settlement bc the woman at the time was not of the right mind to carefully examine and understand her options and rights under the law?... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Sep 28, 2018

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...
Read more »

1 Answer | Asked in Child Custody and Child Support for Maryland on
Q: Ok so my wife had custody of my now 10 year old daughter but my daughter actually has been living with me.

My ex moved out of state but is un willing to give me an address. She has not told me when and how she wants to arrange visitation. Do I still need to pay child support according to Maryland law?

Elizabeth Pugliese
Elizabeth Pugliese answered on Sep 28, 2018

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.

1 Answer | Asked in Family Law and Divorce for Maryland on
Q: What is the process of getting an annulment?

I got married in May 2014 and I got a divorce October 2017. How do I proceed in getting an annulment?

// edit: If I was already granted an Absolute Divorce, is there no possible way to get remarried? Or since I got an Absolute Divorce, I am able to get remarried and that would be considered... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Sep 17, 2018

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.

1 Answer | Asked in Child Support for Maryland on
Q: I’m ordered to pay child support in Maryland, the mother has moved out of state; where the cost of living is cheaper.

Is there anything I can do about a reduced payment

Elizabeth Pugliese
Elizabeth Pugliese answered on Sep 7, 2018

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.

1 Answer | Asked in Family Law for Maryland on
Q: Hello! What is the process for a legal last name change for a minor child? I live in Prince George County.

My children and I lived in MD for over 3yrs now and I would like their last name to be changed to my married last name. They were born in Michigan and was given a different last name. I don’t know where their bio-dad is. Last I knew he was in Cali. The kids (ages 10 and 9) feel divided and not... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Sep 1, 2018

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,... Read more »

1 Answer | Asked in Family Law and Child Custody for Maryland on
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?

She has been in and out of jail/rehab and lives with her boyfriend and his mother. I have 2 other children with my new wife, and we have all beem together as a family for 3 years.

Elizabeth Pugliese
Elizabeth Pugliese answered on Aug 29, 2018

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...
Read more »

1 Answer | Asked in Child Custody for Maryland on
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?
Elizabeth Pugliese
Elizabeth Pugliese answered on Aug 15, 2018

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.

1 Answer | Asked in Divorce for Maryland on
Q: I got married at the courthouse March 18' Mistake. What are my options to end this ASAP?

The person is unfit. We don't get along. I wasn't in my right state of mind. We don't even live together.

Elizabeth Pugliese
Elizabeth Pugliese answered on Aug 15, 2018

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...
Read more »

1 Answer | Asked in Divorce and Family Law for Maryland on
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.
Elizabeth Pugliese
Elizabeth Pugliese answered on Aug 13, 2018

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.

1 Answer | Asked in Family Law, Tax Law and Child Support for Maryland on
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?

He intentionally avoids child support by not working, his mom lets him live Scott free in her house and buys him everything. He only works maybe Christmas time and summertime, maybe. His mom claims him on her taxes. Can I sue her? How can I get support from a man who is hardly ever employed but... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Aug 11, 2018

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.

1 Answer | Asked in Divorce for Maryland on
Q: US citizens, married abroad years ago; but no US marriage license. Can they legally divorce in MD where they live? How?

They have one minor child and been living together in MD for many years. They jointly own a home (mortgage) and have no major debts.

Elizabeth Pugliese
Elizabeth Pugliese answered on Aug 7, 2018

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.

1 Answer | Asked in Child Support for Maryland on
Q: Will I still have to pay child support even if I sign all my rights away as father?

I do not wish to have any connections with this 10 year old child I hardly know but will I still have to pay child support if I agree to terminate all of my rights since I do not want to be a father to him?

Elizabeth Pugliese
Elizabeth Pugliese answered on Aug 6, 2018

The law in Maryland is that BOTH parents are financially responsible for the support of the children. You will not be allowed to sign away your rights because it is also the law that children have two parents. If you choose not to see the child, that is your decision. But you will still be... Read more »

1 Answer | Asked in Child Support for Maryland on
Q: How is self-employment income calculated in the state of Maryland for child support?

I was told by the Department of Social Services that they look at the last 3 income state returns for the self-employed parent. Does the state look at net profic, gross wages, etc.

Elizabeth Pugliese
Elizabeth Pugliese answered on Aug 6, 2018

Gross wages minus your reasonable and necessary business expenses. It takes a lawyer to help you figure this out.

1 Answer | Asked in Child Support, Criminal Law, Family Law and Civil Rights for Maryland on
Q: Hello. I need advice. My dad is in competent of court for non payment of child support.

I have suspicion he is driving under a suspended license which is suspended. He has a warrant out for his arrest and no effort has been successfully made to find him. I have an idea where he may be. What steps do I need to take to protect myself and if I do find him can I perform a citizens arrest... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Jul 31, 2018

Stay out of it. It is not your job to resolve this problem. Citizens' arrests aren't really a thing anyway. Let the court system handle this. Let your Mom handle it.

1 Answer | Asked in Child Support for Maryland on
Q: You made payments for a child and find out that the child is not yours thru a blood test. Can you get back the monies.
Elizabeth Pugliese
Elizabeth Pugliese answered on Jul 30, 2018

Highly unlikely. It was for the support of the child. Also, if you signed an affidavit of parentage, the genetic testing doesn't matter. The Affidavit established you as the legal parent of the child.

1 Answer | Asked in Child Custody for Maryland on
Q: I have full physical and sole custody, visitation states its by my discretion that the father sees her. He is now

Showing more interest now that he has a new girlfriend. He ignores me when he has her and takes advantage of me often. He demands her and I am afraid if I say no he will try and take me to court for joint custody. He is an inattentive father and has not had her for more than 15 hours a week max... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Jul 30, 2018

Custody is always modifiable based on a material change of circumstances. However, to have joint custody granted involves a lot of factors such as ability of the parents to communicate, the location of the parents homes with respect to each other and the child's school, and the involvement of the... Read more »

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: What does 'Blanket Purge" mean.

If JoJo caught a contempt of court charge for not paying child support.

The he FTA'd the court date and the judge issued a bench warrant. In the info it says 90 days but with 1,000$ Blanket purge.

So does that mean party A with warrant can turn self in with 1,000$ and be... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Jul 14, 2018

For civil contempt, the person must be able to purge (fix ) the contempt. If they pay the $1000, no contempt and no jail. Although with a bench warrant they probably have to explain something to the judge first.

1 Answer | Asked in Divorce for Maryland on
Q: In our legal separation, my spouse is not allowed to contact my command, but she still does, what can I do to stop it?

In our separation papers that have all ready be filed, states she is not allowed to contact my command and ask for spousal support. She continues to call my commander at least once every other week. My command still entertains her. We have been separated for over two years due to the fact that she... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Jul 13, 2018

If the agreement is made part of an order, you can file for contempt. If it is not part of an agreement, you can file for enforcement. Furthermore, if you have been separated for two years, you don't have to wait for her to file "her side" of the papers. You can file and just move forward.

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