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Questions Answered by Evan M. Koslow
1 Answer | Asked in Child Support for Maryland on
Q: I live in WA state and want to modify CS in MD. Was told to write a request nothing happens what do I do?

I've been trying this for yrs and arrears is adding up. It's not being enforced here and is a big problem now.

Evan M. Koslow
Evan M. Koslow answered on Mar 30, 2015

Did you file an action with the circuit court where the child support obligation was entered? You need to do that, because otherwise nothing will happen.

1 Answer | Asked in Family Law for Maryland on
Q: If father signs rights away, does he still have to pay CS even if the mother says she doesn't want it from him?
Evan M. Koslow
Evan M. Koslow answered on Mar 30, 2015

A parent cannot sign their rights away without another person adopting the child or the court terminating his or her parental rights due to an action or inaction that the parent did the child that caused such a great harm or danger to the child. If a 3rd party adopts the child of the court... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: If I have Bank account on my name and a property on my name in another Country before marriage.Does my spouse share ?
Evan M. Koslow
Evan M. Koslow answered on Mar 30, 2015

Depends on whether you deposited marital funds into the account that you had before the marriage. If you have not deposited anything into that account, then your spouse will not have an interest in it.

1 Answer | Asked in Child Custody for Maryland on
Q: What can cause me to lose a custody case?Moving from place to place?Living with a fiancé?
Evan M. Koslow
Evan M. Koslow answered on Mar 30, 2015

There is a variety of different factors that the court considers when determining what custody/access schedule is in a child's best interest. These factors include, but are not limited to:

Primary Care Giver - Who is the person who takes care of the child? Who feeds the child, shops...
Read more »

1 Answer | Asked in Family Law for Maryland on
Q: What is the process for a modification of custody in a joint custody case?

Ex wife repeatedly denies me time with my son on days we agreed I would have him. Also she refuses to consider a new plan for physical custody so that custody will be 50/50. I tried to get a mediator involved but my ex refused to talk with them. What are my options?

Evan M. Koslow
Evan M. Koslow answered on Mar 30, 2015

If she will not agree, then you need to file a Complaint to Modify Custody setting forth what material circumstances have occurred that warrants the court to consider whether or not to modify the current arrangement.

1 Answer | Asked in Family Law for Maryland on
Q: what bill of particular do we use for why do we want this kid in our household vice herd?

The judge requested that from the parties who wants the child.

Evan M. Koslow
Evan M. Koslow answered on Mar 30, 2015

I am confused about what your asking exactly. I am sorry, perhaps you can rephrase the question.

1 Answer | Asked in Family Law for Maryland on
Q: If a parent, With joint custody, Gets incarcerated can he request an emergency proxy to step in, such as his sister?

The child is 9yrs. & in a questionable environment, her dad(my brother) was trying to get full custody when the mother had him arrested for violating a no contact-unless it pertains to the child-order, via phone texts. Sentencing=180 days in jail. Our family is unable to Get a response from... Read more »

Evan M. Koslow
Evan M. Koslow answered on Mar 30, 2015

He would need to have an attorney represent him in court, but can have anyone testify for his behalf and request that a certain individual have access to the child when he is incarcerated. Depends on the facts whether you would have any chance of being successful with this request.

1 Answer | Asked in Family Law for Maryland on
Q: My husband and I have had custody of my two nieces for 8 years. The father, my brother is in jail

the mother has been in and out of jail and now claims to be "doing right". She wants her kids back. We told her we would not fight as long as she could prove she is fit to take them to a court. However, we feel that she is not doing what she needs to do... we are considering a petition to... Read more »

Evan M. Koslow
Evan M. Koslow answered on Mar 30, 2015

There is a lot going on here which would be better suited to discuss with an attorney offline, as it is possible that Georgia may have jurisdiction (due to the guardianship). However, the state that the child has resided for the past 6 months may also have jurisdiction as well. Plus there are... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: Do I still have to pay child support if the child want to try and live with me.
Evan M. Koslow
Evan M. Koslow answered on Mar 30, 2015

Once the child begins living with you, you should file a Motion to Modify child support. This is because until there is a court order stating otherwise no matter where the child is residing you will be responsible for paying child support.

1 Answer | Asked in Family Law for Maryland on
Q: Ex filed an answer without using forms and not referencing any paragraphs. What happens now?

I filed a Motion to Modify Child Support because our daughter moved back in with me and I was granted physical custody. Up to this point I was not giving him money for child support while our daughter lived with him because we had a consent order stating that my child support obligation was waived... Read more »

Evan M. Koslow
Evan M. Koslow answered on Mar 30, 2015

The Court will either admit what he filed as an Answer or reject and require him to refile.

1 Answer | Asked in Family Law for Maryland on
Q: My son has paid ex gf support for child since birth. 4 years. Now he is stopping until a hearing. Can he do that legally

He has paid his ex girlfriend support for 4 years. Now he wants to stop until a formal hearing. Can he legally do that without ramifications. Will he be required to pay the child support he didn't pay from the time he stopped up to the hearing?

Evan M. Koslow
Evan M. Koslow answered on Mar 30, 2015

He can be. The Court can order that the parent obligated to pay child support be ordered to pay as far back as to the time that the other parent filed an action requesting child support. your son can receive credit for what he has paid during the time that the case began to the court order (this... Read more »

1 Answer | Asked in Domestic Violence for Maryland on
Q: I have pending charges for assault in the 1st degree from my ex. If he don't come to court can they still charge me?
Evan M. Koslow
Evan M. Koslow answered on Mar 19, 2015

They already charged you. Whether they will try the case or not is up to the state's attorney.

1 Answer | Asked in Child Support for Maryland on
Q: I'm in the tears for child support. Can the amount be changed because of lack of employment at the time?

I lost my job 5 years ago. MD court decided I had intentionally impoverished myself. I was ordered to pay the same amt. which I couldn't afford. I'm now paying the arrears ea month but want to know if I can get that amount changed. Is it worth fighting?

Evan M. Koslow
Evan M. Koslow answered on Mar 19, 2015

Depends on much more information.

1 Answer | Asked in Child Support for Maryland on
Q: In Maryland does the court stop payments at 18 or graduation automatically or do I need a court date to stop it?
Evan M. Koslow
Evan M. Koslow answered on Mar 19, 2015

Payment should stop automatically once child is 18, unless child is still in High school then till child turns 19 or graduates from High School, whichever comes first. If the obligor of the child support is paying via a wage lien it may be beneficial to contact OCSE shortly before one of these... Read more »

1 Answer | Asked in Child Custody for Maryland on
Q: If the,dad has custody can the my get the child back
Evan M. Koslow
Evan M. Koslow answered on Mar 19, 2015

custody is always modifiable until the child turns 18. Any party who files for a modification must prove that there is a material change of circumstances that warrants the court to consider to modify the custody arrangement. Even if a party can prove a material change of circumstance, it does not... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: Absolute Divorce Jurisdiction

I have a limited divorce in a specific county in MD. Me nor the defendant live in the county anymore. Does that county still have jusridisction over the case if I file for absolute divorce?

Evan M. Koslow
Evan M. Koslow answered on Mar 19, 2015

Depends on how long ago the limited divorce was entered. Nevertheless, even if that county has jurisdiction, the county that you and/or the other side now lives in may also have jurisdiction as well (as such providing with you possible options as to where to file).

1 Answer | Asked in Divorce for Maryland on
Q: I got married last year, we have a newborn, I have a visa. Will they take away my son because I didn't finish college?

I'm from Mexico and I came here with a visa. I got married last year to an American citizen, I just applied for my green card. I've been here legally since day one.

When we got married we decided to get pregnant and I would be a stay at home mom. We now have a new born son. We... Read more »

Evan M. Koslow
Evan M. Koslow answered on Mar 19, 2015

If you have a student visa and you are not a student then it is possible for you to get departed and your son to stay here (your son is a legal American Citizen). You should speak to an attorney who handles immigration law.

1 Answer | Asked in Divorce for Maryland on
Q: Gotten a divorce for a year now and my husband won't sign he's papers,am I free to get married to some one else ?
Evan M. Koslow
Evan M. Koslow answered on Mar 19, 2015

What papers is he not signing? To get a divorce a Court must enter a Judgment of Absolute Divorce. Your husband does not have to sign that Judgment only a judge does. If a judge has not signed and you have not received from the court a Judgment of Absolute Divorce you are not divorced and... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: If the father girlfriend keep must with my daughter what do I do about it

Like my daughter only 12 is year old very time she came from school her room always be a missed because her father girlfriend go in her room when she not there

Evan M. Koslow
Evan M. Koslow answered on Mar 19, 2015

Talk to the father about your concerns. If that does not resolve your concerns, talk to a family law attorney about possible options, if any you have.

1 Answer | Asked in Family Law for Maryland on
Q: If my son is still living with me and is going to college fulltime, can I still collect child support on him in MD
Evan M. Koslow
Evan M. Koslow answered on Mar 19, 2015

You can collect arrears, if there are any. However on going child support terminates once the child reaches 18, so unless the child is still 18 when in college then you would be able to collect child support while he is in college, but only until he turns 19.

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