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Questions Answered by Evan M. Koslow
1 Answer | Asked in Family Law for Maryland on
Q: If I have all holiday visits this year, and the farthers birthday falls on one. Who does the child see?
Evan M. Koslow
Evan M. Koslow answered on Mar 19, 2015

Depends on what the Agreement/Order states. If the Agreement/Order has both of you having the child the same time the two of you should discuss who should have the child. I would note that if the Agreement provides each of you with access on your respective birthday, even if the holiday is yours... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: how can a prenuptial agreement be voided out
Evan M. Koslow
Evan M. Koslow answered on Mar 19, 2015

If a person was coerced into signing the prenup (i.e. the day before the wedding), there was not full disclosure or the party challenging had no way of even known the values of the asset at the time the pre-nup was signed. In addition a prenup could be invalidated if the agreement is too lopsided,... Read more »

1 Answer | Asked in Domestic Violence for Maryland on
Q: 2and a half years ago, which you never appeared in court, courts mandate you leave due to reoccurring domestic violence.

How long should one hold on to others belongings?

Evan M. Koslow
Evan M. Koslow answered on Mar 5, 2015

you should write to the person who is the owner of the belongs giving them 30 days to obtain the belongs or otherwise you will dispose of it. the letter should be sent certified mail so you can firm that the person received it.

1 Answer | Asked in Domestic Violence for Maryland on
Q: Does a Temporary Peace Order go on my record?

My roommate filed a Temporary Peace Order against me and I'm wondering if that will stay on my record. I know Peace Orders stay on the record, but is a Temporary Peace Order different?

Evan M. Koslow
Evan M. Koslow answered on Mar 5, 2015

it will show if someone does a case search on you, but it generally does not have the same affect as a final peace order would.

1 Answer | Asked in Domestic Violence for Maryland on
Q: Me and my boyfriend got into a fight I made a police report now he's being charged with 1st n 2nd degree assault but I

Don't want him to go to jail what can we do n he has no criminal record

Evan M. Koslow
Evan M. Koslow answered on Mar 5, 2015

marry him before the hearing and then invoke your marital privilege. Otherwise, they can force you to testify. Please note that even if you do marry and invoke your marital privilege, they still may try to prosecute him (depending on what other evidence they have). Also note that you can only... Read more »

1 Answer | Asked in Child Support for Maryland on
Q: My child lives with his mother in FL and I live in Maryland. Can you tell me how do I establish child support?

Do I have to file paperwork with Florida courts or Maryland?

Evan M. Koslow
Evan M. Koslow answered on Mar 5, 2015

Florida courts. But you should talk to a Florida attorney before you file anything, as it may not behoove you to file.

1 Answer | Asked in Child Support for Maryland on
Q: If a order was originally started in Washington DC and now I pay in Maryland.... My question is what emancipation date

Do I use?

Evan M. Koslow
Evan M. Koslow answered on Mar 5, 2015

DC law applies, unless a new child support order was entered in Maryland (not for enforcement purposes, but because a new order stating child lives in here and Maryland ran the guidelines.

1 Answer | Asked in Child Custody for Maryland on
Q: I've lived with my mom for most of my life, how can i move with my dad if she's not letting me?

I'm 16 years old and born in El Salvador. I came to the U.S. when I was 5 and have lived with my mom here in MD until now and my dad lives in California. I don't know if my mom has full custody of me since they were never married and my dad doesn't pay legal child support, just sends... Read more »

Evan M. Koslow
Evan M. Koslow answered on Mar 5, 2015

You can petition the courts and/or your dad can petition the courts here in Maryland for custody, if your mom is not agreeing to allow you to move with your dad.

1 Answer | Asked in Family Law for Maryland on
Q: Child support in Maryland with no court order. Does it terminate on its own, or do I send a letter to the courts?
Evan M. Koslow
Evan M. Koslow answered on Mar 5, 2015

if no court order on child support then the courts never knew you were paying it. You could stop at anytime.

1 Answer | Asked in Family Law for Maryland on
Q: If a person is indigent can a court force that individual to pay restitution
Evan M. Koslow
Evan M. Koslow answered on Mar 5, 2015

restitution for what? Criminal matter? back child support? Much more information needs to be provided before any sort of response can be provided.

1 Answer | Asked in Family Law for Maryland on
Q: How can I find out if my estranged spouse has filed for divorce?
Evan M. Koslow
Evan M. Koslow answered on Mar 5, 2015

If he or she lives in Maryland you can look here: http://casesearch.courts.state.md.us/inquiry/inquiry-index.jsp and type in your name or your spouse's name. If he lives in another state, perhaps the other states have a similar website you can check.

1 Answer | Asked in Family Law for Maryland on
Q: Do either parent have to pay child support to one another if we share joint, split, legal and physical custody.

We share the children, 2 weeks per visit. I I take care of all the health benefits an doctor visits, most of the schooling.(visits, supplies, electronics,homework, etc) I take care an provide any and everything when there with me.

Evan M. Koslow
Evan M. Koslow answered on Mar 5, 2015

depends on each parents income and any daycare costs. If equal income and 50/50 physical custody then no child support would be awarded to either parent.

1 Answer | Asked in Family Law for Maryland on
Q: Filed a mod of support and for custody of the child-he is living w/ me but I am still pay c.s. How can this be stopped?

He was taken from his mother in July by his maternal grandparents and giving to me. He has lived with me for 6 months straight, but I have still been paying child support each month-his mother will give me none of it back, and has not provided for our son in any way. I filed for a modification and... Read more »

Evan M. Koslow
Evan M. Koslow answered on Mar 5, 2015

contact the office of child support immediately and request a hold on the garnishment or at least a hold of them forwarding the money to the other parent until this is resolved. If they will not agree, file a Motion requesting a freeze and file a motion to shorten time for OCSE to respond. You... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: What money has to be included when filing for child support?

Must I include money I receive for my son from his father? When filing for an increase from my daughters father? What monies needed to be accounted for on my child support paperwork? I get money from my sons father "under the table"

Evan M. Koslow
Evan M. Koslow answered on Mar 5, 2015

If you are receiving child support for another child, that is not considered income, under the table or not.

The Maryland Child Support Guidelines defines "actual income" to include, without limitation, (i) salaries; (ii) wages; (iii) commissions; (iv) bonuses; (v) dividend...
Read more »

1 Answer | Asked in Family Law for Maryland on
Q: My childs mother wants a child support increase to help pay for boyfriends child support?

My childs mother wants my child support increased purely to pay for her boyfriends child support payment. She has stated this in various emails and text messages. It is no way to benefit our child. I can not afford the proposed raise. What can I do? Does this even matter?

Evan M. Koslow
Evan M. Koslow answered on Mar 5, 2015

The Court will decide whether or not a modification is necessary, by determining whether either (or both) of your incomes have significantly changed, the child's work-related daycare has changed, and if custody has changed in determining whether or not to modify. It also wouldn't hurt... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: Does my child's father have right to sign over custody to my mother if he returns to his country?

We live in my mothers house in a separate addition. I have been asking to separate; husband won't leave. I'm looking to move out. If he were to move out of the house, either stay in the USA or return to his country, he wants me and our child to stay at our current location. He says he... Read more »

Evan M. Koslow
Evan M. Koslow answered on Mar 5, 2015

Yes, your mother can adopt the child and that would in turn terminate the father's parental rights. It's much easier to have this accomplished with the father's consent.

1 Answer | Asked in Domestic Violence for Maryland on
Q: Can I keep my husband out of jail with the spousal priveledge ? He has dv charges against him .what should I do ?

He is working again and also going to counseling for his anger. He wants to be there for his son . this incident was a one time thing and I do not want him to go to jail . our court date is next Wednesday . what should I do to keep him out of jail ?

Evan M. Koslow
Evan M. Koslow answered on Feb 23, 2015

You can do your marital privilege. However, the state could decide to still try the case if they wanted to (depending on the other evidence they had). The only thing you can do to try and prevent him from going to jail is invoke your marital privilege and if found guilty asked to be heard before... Read more »

1 Answer | Asked in Domestic Violence for Maryland on
Q: I'm pressing charges for dv case and now he's lying and saying that I hit him first and he hit me in self defense but

He admitted to what he did in court for the protective order hearing because he didn't know I had a pending criminal case towards him.Do I have a good case? Should I jus accept him getting probation or take it to trial?

Evan M. Koslow
Evan M. Koslow answered on Feb 23, 2015

Its not your choose as to whether the State will continue with the case. Nor is it your decision what the Judge decides to do as punishment if he is found guilty. If you are married you could plead your marital privilege (unless you already did in another matter). Even if this were to occur, if... Read more »

1 Answer | Asked in Child Support for Maryland on
Q: In a modification of child support can the mother go from working full time to part time and use that as change?

She is able to still work full time but doesn't because of her new boyfriend.

Evan M. Koslow
Evan M. Koslow answered on Feb 23, 2015

It is possible. You can argue that she is voluntarily impoverishing herself to require you to pay more child support, but it would be your burden to prove that she is voluntarily impoverishing herself.

1 Answer | Asked in Child Support for Maryland on
Q: Will my part time job of 15-20 hours a week be counted on my next support review? I already work 40 hours a week.

I have been paying support for 4-5 years now and picked up a part time job to help pay bills, support increases, and save a little for my kids college. Will I need to include this in my support review for this year?

Evan M. Koslow
Evan M. Koslow answered on Feb 23, 2015

This will be included in any review done by OCSE or if either party were to file for modification before OCSE does any review.

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