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Questions Answered by Elizabeth Pugliese
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... View 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... View 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.

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: My ex has not tried to see/call his child since Nov 2017. Is this grounds for abandonment? He also is not paying support

Ex's parents are trying to intervene to take his visitation. I shouldn't have to deal with them, should I? He and his parents don't speak. He and I made the court custody agreement. They didnt like it and are trying to not only take his visitation but change what we agreed to.

Elizabeth Pugliese
Elizabeth Pugliese
answered on Jul 11, 2018

The visitation is between you and your ex. His parents cannot just step in and take over his place. You do not have to give them the child for his access. IF he chooses to exercise his access, come get the child and then let his parents see the child during that time, he can do that. But... View More

1 Answer | Asked in Child Support for Maryland on
Q: How do you pay child support on an order that the mother hasn’t filed with CSE? No case in cse system It’s been 2yrs

Judge entered order by wage garnishment. No Wages Garnished. No Federal or State Refunds offset. When I call the system and enter my SS number no case is found. Am I in contempt of an order that wasn’t filed with CSE by the Plaintiff?

Elizabeth Pugliese
Elizabeth Pugliese
answered on Jul 3, 2018

You still have to pay the child support. If the Plaintiff did not set it up, you should have. Simply not being in the system is not an excuse. You need to fix this immediately to protect yourself.

1 Answer | Asked in Child Custody and Child Support for Maryland on
Q: My wife moved her bf into my 4 and 6-year-old children's house. Now she is pregnant. She does not know I know. Leverage?
Elizabeth Pugliese
Elizabeth Pugliese
answered on Jun 19, 2018

Leverage for what? If you are already separated, she has every right to move on. Unless there is something dangerous about him -- that you can prove -- she can do this.

2 Answers | Asked in Child Custody, Child Support and Divorce for Maryland on
Q: My husband got caught on a dating app and now wants a divorce, he also wants me and the kids to leave. What are my righ

He works for the company and feel like its his apartment but both our names are on the lease. Can I file for spousal support if I make more than him?

Elizabeth Pugliese
Elizabeth Pugliese
answered on Jun 1, 2018

If your name is on the lease, you have a right to remain. However, if the company provides the apartment as a benefit of employment, they may want the apartment back if you divorce. You will be given a reasonable period of time to move.

Alimony is based on your ability to be...
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1 Answer | Asked in Child Custody for Maryland on
Q: I filed for sole custody & physical cust in Anne Arundel county but the father filed in Baltimore county, can he do that

I live in Anne Arundel county. The father lives in Baltimore county. I didn’t get him served yet but he served me. The baby lives in Anne Arundel county with me. He is 9 months old.

Elizabeth Pugliese
Elizabeth Pugliese
answered on May 31, 2018

He can do that. Since you have been served, you need to file a Motion to Transfer Venue to Anne Arundel County and get him served. Otherwise the case will go forward in baltimore county.

1 Answer | Asked in Child Custody for Maryland on
Q: We have a Consent Order that covers CS & custody for 2 kids. One of them is now 18. Can we get the CO modified easily?

All the documentation on the court house website looks to file motions for CS modification coupled with income documentation. Isn't their an easier way? Like file a motion with the Judge who signed off on the original CO, to sign a new one?

Elizabeth Pugliese
Elizabeth Pugliese
answered on May 30, 2018

If you have reached a new agreement you can submit a joint motion with the new agreement. If there is no agreement, you must follow the process. The prior judge will not just sign a new order without a motion.

1 Answer | Asked in Child Support for Maryland on
Q: My child turned 18, however I have a signed court order from Maryland that states that support continues until he

graduates from high school. His dad stopped paying support and our son is still in school for 3 more months. What can I do to continue the support outside of the Child Support Agency.

Elizabeth Pugliese
Elizabeth Pugliese
answered on Apr 23, 2018

You can take him to court for contempt. Child support should continue collecting through. If he fails to pay, the arrears will accumulate.

1 Answer | Asked in Divorce for Maryland on
Q: Getting a divorce in Maryland. No children, no assets, no alimony.

We were married for a month an a half. Separated since September (we have signed documentation) He is supposed to file for the divorce according to the documentation and has not done so. I would like to file not sure how to go about it. I am getting conflicting answers.

Elizabeth Pugliese
Elizabeth Pugliese
answered on Apr 3, 2018

If you have a signed agreement resolving all financial and property issues, you can file for a divorce on grounds of mutual agreement. If you do not have a signed agreement, you can file for a limited divorce based on separation. When you have been separated 12 months, you can file an absolute... View More

1 Answer | Asked in Divorce for Maryland on
Q: I plan to move to a new job in Arizona, I have joint custody of my kids, what do I need to file in Maryland?
Elizabeth Pugliese
Elizabeth Pugliese
answered on Apr 3, 2018

You need to file a modification of custody. You cannot just move without permission of the other parent or order of the court.

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: Am I expected to not report to work if my work schedule conflicts with my parenting plan visitation schedule?

I recently relocated from FL to MD with my son for my career. My new parenting plan states that my son spend every spring break with his father who still resides in FL. Spring break here starts on Friday and they go back on the following Tuesday so its only a long weekend, not the full week like in... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Mar 7, 2018

Your son has to be in Florida for Spring Break. How he gets there is between the two of you. If you cannot fly down with him, you need to make other arrangements.

1 Answer | Asked in Child Support for Maryland on
Q: Can Maryland modify a WV child support order?

My ex-husband and I live in Maryland now, but in 2010 we were West Virginia residents and divorced. At that time, our child was 10 and a child support order was entered. The order did not contain any provisions for college.

Our child will be 18 later this year and the child support will... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Feb 28, 2018

In Maryland, child support ends at age 18 or the child graduates from high school, whichever is later. It will not be extended to pay for college in Maryland. A court in Maryland will only enforce an order to the extent of Maryland law. If West Virginia provides for college expenses it is... View More

1 Answer | Asked in Divorce for Maryland on
Q: In a divorce, can I change my name to another name besides my maiden? I want to hyphenate my maiden with my Mom's maiden
Elizabeth Pugliese
Elizabeth Pugliese
answered on Feb 27, 2018

I just confirmed this with a judge yesterday, you can only use a name you used previously. If you did not hyphenate before, then you cannot in the divorce change it to a hyphenate. There are other ways to change your name, but they aren't the "free shot" of a divorce.

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: My Wife's ex-husband has been FTA for child support for over a year. Can we have his parental rights taken from him?.

My Wife filed for CS over a year ago and Ex didn't show and refused to turn himself in. Has an FTA on him. Yet on his facebook page he is carrying on with his life as nothing is wrong. He has tried to contact her on many occasions to get the kids. Can she have his parental rights taken from... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Feb 26, 2018

Child support and access are two different things. Even if he is not paying child support, he is entitled to see the children. Nor does it meet the definition of neglect to not pay child support.

The better solution is to file for a modification of custody and address the child support...
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1 Answer | Asked in Divorce for Maryland on
Q: Can I live in RV on the same property as our house and have it count as "not living under the same roof" for separation?

Spouse and I want to do a separation but I can't afford another house. If I live exclusively in the RV, will it still satisfy the requirement for living in a different abode for purposes of separation?

Elizabeth Pugliese
Elizabeth Pugliese
answered on Feb 20, 2018

The court has found that will satisfy the requirement. But you cannot spend one single night in the house if your spouse is there.

1 Answer | Asked in Child Custody and Child Support for Maryland on
Q: If the biological father is willing to terminate his rights, does he still have to pay child support?

Can he sign them over to the mother?

Elizabeth Pugliese
Elizabeth Pugliese
answered on Feb 20, 2018

It is against public policy to terminate the rights just to avoid child support. Termination is allowed ONLY in the case of a step parent adoption. It is the public policy of Maryland that a child have two parents to care for and financially support.

1 Answer | Asked in Child Support for Maryland on
Q: My child mother has been working a part time for years, why hasn't the child support changed?

When I worked a part time and my my full time job they took child support from my part time job. Shouldn't both our SS numbers be in the system?

Elizabeth Pugliese
Elizabeth Pugliese
answered on Feb 7, 2018

No one is checking the "system" to see if anyone's employment has changed. They simply do not have time to do it. if you believe she has higher income, you need to file with the court to modify it.

1 Answer | Asked in Child Support for Maryland on
Q: When your behind on child support how much do they take out of your tax return?
Elizabeth Pugliese
Elizabeth Pugliese
answered on Jan 24, 2018

If you owe more child support than the amount of your refund, they will take the entire refund. if you owe less than the entire refund, they will take the full amount owed.

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: I have been trying to get custody of my 13yr old son for some time now and I think I may finally have proof his mom is

unfit. I have video of her letting him drive her car on a public road and he took his hands off the wheel when she told him not too. He thought it was funny. Among others verbal commands he chose to ignore from her. He does not listen to her or respect her. Can this be the proof that I need. It put... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Jan 24, 2018

It is illegal to audio tape someone in Maryland without their permission. As you have audio, this is inadmissible.

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