Questions Answered by Evan M. Koslow

Q: What is the chances of a parent losing guardianship with the right to consent to long term care short of adoption by dss

1 Answer | Asked in Family Law for Maryland on
Answered on May 22, 2015
Evan M. Koslow's answer
This is something you need to talk to an attorney about offline as a lot of more information needs to be provided (that should not be shared on a public forum).

Q: What is the basic child support obligation based on?

1 Answer | Asked in Family Law for Maryland on
Answered on May 22, 2015
Evan M. Koslow's answer
If the parties combined incomes is less than 180K a year then the parties gross income, health insurance premiums for the children, daycare expenses, and at times some other expenses for the children. The amount of overnights can be a factor as well.

Q: Can I lose my pre-marriage possessions (car, house, motorcycle, etc) in a divorce, if they're all in my name?

1 Answer | Asked in Divorce for Maryland on
Answered on May 12, 2015
Evan M. Koslow's answer
If the asset is in your sole name you will keep it (even if purchased during the marriage). Depending on if you put any money towards these assets, your spouse may have an interest in them when it comes time to a judge deciding, what, if any, monetary award should be provided to either of you.

Q: If I been married for 5 months, can I get a divorce without separating. How long will it take before I am Divorce.

1 Answer | Asked in Divorce for Maryland on
Answered on May 12, 2015
Evan M. Koslow's answer
unfortunately, unless one of you cheated on the other or there was physical harm, you will have to wait longer then you were married to actually get divorced (12 months from last time lived under same roof and/or had sexual relationships) to file.

Q: I just married my husband and was charged with 1st and 2nd degree assault can we still use the marital right

1 Answer | Asked in Domestic Violence for Maryland on
Answered on Apr 16, 2015
Evan M. Koslow's answer
Yes, but it does not mean that the state will drop the charges.

Q: My Child Support is done, MD states that I owe more because of a clerical error they made. What can I do?

1 Answer | Asked in Child Support for Maryland on
Answered on Apr 16, 2015
Evan M. Koslow's answer
try to work with OCSE and/or file for correction with the Court ASAP. You may need to hire an attorney (spend money to save money)

Q: I was married in Alabama been seperated for 2 years. I am now living in Maryland can I file for a divorce in Maryland

1 Answer | Asked in Divorce for Maryland on
Answered on Apr 16, 2015
Evan M. Koslow's answer
If you have lived here for over a year yes. However, if there are children involved who live in Alabama or property in Alabama or she would be seeking alimony and you do not personally serve her it may be better for you to file in Alabama.

Q: Child Support Question (Family Law)

1 Answer | Asked in Family Law for Maryland on
Answered on Apr 16, 2015
Evan M. Koslow's answer
see Maryland Family Law Article Section 12-201(b)(3)(xvi) expense reimbursements or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business to the extent the reimbursements or payments reduce the parent's personal living expenses.

Q: Divorced in Georgia. Have two kids. No child support order do I amend this in Georgia? Or the state I am living in?

1 Answer | Asked in Family Law for Maryland on
Answered on Apr 16, 2015
Evan M. Koslow's answer
where have the children lived for the past 6 months. Depending on that answer either Georgia or that state will have jurisdiction. Note Georgia will continue to have jurisdiction until it agrees that another state is better suited.

Q: Is the care of my child that lives with me considered when calculating child support for the child that doesnt?

1 Answer | Asked in Family Law for Maryland on
Answered on Apr 16, 2015
Evan M. Koslow's answer
Does not have to be considered, but can be considered by the court if so chooses.

Q: Written Order verses Ruling in Court

1 Answer | Asked in Family Law for Maryland on
Answered on Apr 16, 2015
Evan M. Koslow's answer
Let your ex try to prove that the written order is inconsistent with what was said on the record. Until otherwise modified the current written order is binding (unless the two of you agree to not follow it)

Q: Can you file for a paternity test after already being ordered to pay child support for years?

1 Answer | Asked in Family Law for Maryland on
Answered on Apr 16, 2015
Evan M. Koslow's answer
You can file requesting a paternity test, but it will be an uphill battle to get it granted due to the amount of years that have passed.

Q: Child Support Question for Family Law

1 Answer | Asked in Family Law for Maryland on
Answered on Apr 16, 2015
Evan M. Koslow's answer
Section 12-203(b)(3) (xvi) of the Family Law Article states that "expense reimbursements or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business to the extent the reimbursements or payments reduce the parent's personal living expenses." that is likely the argument that was made.

Q: ex lives in Maryland - but child support still going to florida- she wont stop the child support in fl. what can I do?

1 Answer | Asked in Family Law for Maryland on
Answered on Apr 16, 2015
Evan M. Koslow's answer
You can try to have it changed to Maryland, but the Maryland and Florida Courts would likely talk to determine who should have jurisdiction. You would do well to first talk to a Florida attorney then to a Maryland attorney to determine what the best route for you is.

Q: I have guardianship of my niece and nephew, since 2008 now their sister wants them can she do that

1 Answer | Asked in Family Law for Maryland on
Answered on Apr 16, 2015
Evan M. Koslow's answer
She can try, but she will need to show the court why she is better fit then you to have guardianship

Q: I filed a mod. request in Dec, when I lost my job. Court set for July and can't afford to continue making full payments

1 Answer | Asked in Family Law for Maryland on
Answered on Apr 16, 2015
Evan M. Koslow's answer
Try to pay the full amount. If you can't at no fault of your own (which the court will determine) they can take that into consideration when determining what if any arrears you may owe (or not owe).

Q: if am a usa citizen and my ex its illegal immigrant can i get full custody?

1 Answer | Asked in Family Law for Maryland on
Answered on Apr 16, 2015
Evan M. Koslow's answer
it appears being an illegal immigrant is the lease of his concerns for obtaining custody. You should sit down with an attorney to discuss all of this (not just the illegal immigrant part)

Q: Got married in Virginia I the wife has moved to Maryland he's incarcerated in Virginia can I get the divorce in Maryland

1 Answer | Asked in Family Law for Maryland on
Answered on Apr 16, 2015
Evan M. Koslow's answer
If you have been a resident of the state of Maryland for 1 year and you have not lived with him or had sexual relationships with him for 12 consecutive months then yes you can get divorced in Maryland

Q: Hi! I have a question. I have subpoena and they want me to testify my husband. But what if I don't go to testify?

1 Answer | Asked in Domestic Violence for Maryland on
Answered on Mar 30, 2015
Evan M. Koslow's answer
If you are married and never invoked your marital privilege in the past you can advise the state attorney that you will be invoking your marital privilege. Even without your testimony the state attorney can still decide to prosecute if there is other evidence that can convict your husband.

Q: If I live in a different state than the state I was divorced in, what state should I set up my child support payment?

1 Answer | Asked in Child Support for Maryland on
Answered on Mar 30, 2015
Evan M. Koslow's answer
What did the divorce decree state about child support? is it a direct payment? Is the office of child support enforcement agency involved? More information is needed before any type of general response can be provided.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.