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Questions Answered by Evan M. Koslow

1 Answer | Asked in Family Law for Maryland on

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

I am a parent who has done everything asked of me to get my son out of foster care, yet DSS still feel my son should be adopted

Evan M. Koslow answered on May 22, 2015

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).

1 Answer | Asked in Family Law for Maryland on

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

Evan M. Koslow answered on May 22, 2015

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.

1 Answer | Asked in Divorce for Maryland on

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

All items were owned long before I met my fiancé, and all are solely in my name with the car and motorcycle completely paid off. The house isn't but again, it only has my name on all documents. If things go south after we're married, can she take some or all of these, or make me sell them?

Evan M. Koslow answered on May 12, 2015

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.

1 Answer | Asked in Divorce for Maryland on

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

Evan M. Koslow answered on May 12, 2015

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.

1 Answer | Asked in Domestic Violence for Maryland on

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

Evan M. Koslow answered on Apr 16, 2015

Yes, but it does not mean that the state will drop the charges.

1 Answer | Asked in Child Support for Maryland on

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

I was issued a Stop Order for payments and a letter of termination of future payments by MD, however, TX states that I have to continue till she graduates High School, MD also states they messed up on the amount and for the past 10 years, they never included medical. They are trying to collect on... Read more »

Evan M. Koslow answered on Apr 16, 2015

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)

1 Answer | Asked in Divorce for Maryland on

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

Problem I am having is locating her she lives in Alabama but refuses to tell me were in state.

Evan M. Koslow answered on Apr 16, 2015

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.

1 Answer | Asked in Family Law for Maryland on

Q: Child Support Question (Family Law)

I am in the process of doing a Modification for Child Support, under the direction of my case worker for the Maryland Child Support Services. It states that I do not make enough to support the order stipulated by the Courts. My Question, on my paystub my GROSS income is 1714.52 with a Monthly... Read more »

Evan M. Koslow answered on Apr 16, 2015

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.

1 Answer | Asked in Family Law for Maryland on

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

Evan M. Koslow answered on Apr 16, 2015

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.

1 Answer | Asked in Family Law for Maryland on

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

Evan M. Koslow answered on Apr 16, 2015

Does not have to be considered, but can be considered by the court if so chooses.

1 Answer | Asked in Family Law for Maryland on

Q: Written Order verses Ruling in Court

I have been waiting for my written custody order to clarify some of the terms. I received a court order that was not consistent with my understanding of the order in court. The written order is more in my favor, but my ex is insisting that we follow what was stated in court and has retained an... Read more »

Evan M. Koslow answered on Apr 16, 2015

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)

1 Answer | Asked in Family Law for Maryland on

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

Child born out of wedlock in MD, mother claims it may not be his. He has been paying for over 3years. Didn't go to court so must have signed the paternity affidavit.

Evan M. Koslow answered on Apr 16, 2015

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.

1 Answer | Asked in Family Law for Maryland on

Q: Child Support Question for Family Law

What Maryland Law states that "State Paid Benefits" be included as income and amounts should be added back into gross wages (before taxes). My ex-husbands attorney added back those amounts into my gross wages and is not reflected on my W2. I work for the State of Maryland and those "amounts" are... Read more »

Evan M. Koslow answered on Apr 16, 2015

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."... Read more »

1 Answer | Asked in Family Law for Maryland on

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

Do I have any rights to force her to take me out of child support in florida and start paying in maryland. we both live in maryland now.

Evan M. Koslow answered on Apr 16, 2015

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.

1 Answer | Asked in Family Law for Maryland on

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

Evan M. Koslow answered on Apr 16, 2015

She can try, but she will need to show the court why she is better fit then you to have guardianship

1 Answer | Asked in Family Law for Maryland on

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

I have been making child support payments on time in full, but have been living off the kindness of friends to do so, as my income is currently unemployment. I can't continue doing this, and the mother refused mediation. I'm trying to take care of my obligations, but the length of time this is... Read more »

Evan M. Koslow answered on Apr 16, 2015

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).

1 Answer | Asked in Family Law for Maryland on

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

we are getting divorced, he is illegally in the US, he has alcohol issues, and he was also verbally abusive when i left him. because he believes he has all the rights he always denies all the permission to go out of the country for vacations, he tells my first yes its fine and after i get the... Read more »

Evan M. Koslow answered on Apr 16, 2015

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)

1 Answer | Asked in Family Law for Maryland on

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

Evan M. Koslow answered on Apr 16, 2015

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

1 Answer | Asked in Domestic Violence for Maryland on

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?

Coz all I want is to drop the case coz we still want to start over again? And I don't want him to go jail

Evan M. Koslow answered on Mar 30, 2015

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.

1 Answer | Asked in Child Support for Maryland on

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?

Evan M. Koslow answered on Mar 30, 2015

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.

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