Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Evan M. Koslow
1 Answer | Asked in Family Law for Maryland on
Q: I am married to a lady who is the great-great grandmother of her daughters sons children.

Am I their great-great grand father?

Evan M. Koslow
Evan M. Koslow
answered on Oct 22, 2014

Only if your the father of your wife's daughter. If you are not, then you are considered there step-great-great grandfather. It also depends on what you are trying (or not trying) to accomplish (i.e. for estate planning purposes or something else).

1 Answer | Asked in Domestic Violence for Maryland on
Q: If my boyfriend was arrested for domestic violence against how long will he stay in jail ? I didn't press charges

This is in the state of mAryland

Evan M. Koslow
Evan M. Koslow
answered on Oct 21, 2014

The initial arrest, he generally will be out within 24 hours (if charges were brought against him (which they can even if you are not seeking for charges to be brought), then he would need to post bail and if he cannot he can be in there longer).

1 Answer | Asked in Child Custody for Maryland on
Q: My siblings are living with my dad who's emotionally destroying them is their anyway I could get custody?
Evan M. Koslow
Evan M. Koslow
answered on Oct 21, 2014

How old are you? If you are over 18, it possible that you can. However, anyone seeking custody of a child that who is not their biological (or adopted) parent, the individual(s) must show the court that the natural (adopted) parent(s) are unfit (i.e. abuse, drug issues, or neglecting the child)... View More

1 Answer | Asked in Family Law for Maryland on
Q: Can I seek a modification for child support or file separately if it wasn't discussed in my custody case?

Granted custody but not awarded child support.

Evan M. Koslow
Evan M. Koslow
answered on Oct 21, 2014

If it was not requested or discussed in your custody matter, yes you can file a separate child support action. If it is only child support you are seeking, then you should contact the Office of Child Support Enforcement Agency (OCSE) in your county who can assist you with this for a fee of $25.

1 Answer | Asked in Family Law for Maryland on
Q: I lost custody and was given visitation, child support was denied .. Can the other side sue and get child support?

I sued for custody and lost and was only awarded visitation. The other party was given full custody. Child support wasn't awarded. Can the winning party sue for custody if I reopened the case to file a post judgment motion?

Evan M. Koslow
Evan M. Koslow
answered on Oct 21, 2014

The Court has the discretion to state that the parties are to be generally charged with the support of the minor child. However, the Judge must state on the record why it is in the best interest of the child for their not to be any child support awarded (i.e. the access schedule is close to 50/50... View More

1 Answer | Asked in Family Law for Maryland on
Q: How can take my son father off child support? I had no choice because I was revieving government assistance I have a job
Evan M. Koslow
Evan M. Koslow
answered on Oct 21, 2014

If the child support is being collected through the Office of Child Support Enforcement agency (OCSE) they are the ones to determine whether or not child support should be modified or terminated. If you now have a job, you can request the modification by contact OCSE or the father can file a... View More

1 Answer | Asked in Family Law for Maryland on
Q: New wife's ex says he needs my SSN in order to sell their old house. She has no rights to the house. Why would he need

Info? I didn't even know either of them when they divorced.

Evan M. Koslow
Evan M. Koslow
answered on Oct 21, 2014

He wouldn't need your SSN (even if she had an interest in the house).

1 Answer | Asked in Domestic Violence for Maryland on
Q: My daugther does not want to go court against her BF for DV she received a summon for court does she have to go?
Evan M. Koslow
Evan M. Koslow
answered on Oct 16, 2014

I am guessing that her BF has a criminal charge pending against him for the alleged DV. Yes your daughter will need to appear if she was sent a summons by the state prosecutor. Otherwise, they can find her in contempt of court and have sanctions entered against her, including a warrant for... View More

1 Answer | Asked in Child Support for Maryland on
Q: I have to take maternity leave, what happens with my child support payment?
Evan M. Koslow
Evan M. Koslow
answered on Oct 16, 2014

Are you getting paid during your leave? If not, you should file a modification of child support ASAP and request that child support either be reduced or terminated during the period that you are not working.

1 Answer | Asked in Family Law for Maryland on
Q: If child surport payed you some back money from a old case , do you have to pay if back ?
Evan M. Koslow
Evan M. Koslow
answered on Oct 16, 2014

Depends on a lot of different facts which are not described in your question. Such as, is there child support still owed? Why did you receive a refund? And more.

1 Answer | Asked in Family Law for Maryland on
Q: Are you allowed to file for child support for a child after they turn 7 years old if support had never been filed before
Evan M. Koslow
Evan M. Koslow
answered on Oct 14, 2014

You can file for child support so long as the child is under 18 or is still in high school and is under 19. However, you will not be able to receive any back child support from the other parent prior to the date that you file for child support. In addition, I should note that if custody is not... View More

1 Answer | Asked in Child Custody for Maryland on
Q: What does Order of default denied proof of service does not indicate pleadings served mean?
Evan M. Koslow
Evan M. Koslow
answered on Oct 10, 2014

It means that the Court believes that you did not receive adequate proof that the other side was properly served with the documents you filed with the Court and until then the case will not proceed.

1 Answer | Asked in Family Law for Maryland on
Q: My girlfriend goes to Job Corps, and her parents have my son, they plan on moving, can i take my son from them?

I had visitation rights when they took him out of the state the first time, so what can i do now? can i go to the state they're in and take him with police support or no?

Evan M. Koslow
Evan M. Koslow
answered on Oct 10, 2014

Much more facts are needed to provided any type of substantive response. Such as, is there a court order that sets forth custody between you and the mother. If so, what does it say? If so, what state was the order in? What state is the child residing in now? Although as the natural parent you... View More

1 Answer | Asked in Family Law for Maryland on
Q: My husband a retired NYC police died in 2012 leaving me with no benefits is this legal
Evan M. Koslow
Evan M. Koslow
answered on Oct 10, 2014

I would consult with an estate & trust attorney in the state in where your husband estate is/was handled to determine what if any rights you have.

1 Answer | Asked in Family Law for Maryland on
Q: Been separated since 2013 and live in MD but have a Florida home. What state should I file for divorce in?
Evan M. Koslow
Evan M. Koslow
answered on Oct 10, 2014

It depends on what state you consider as your residence (i.e. where your drivers license is, where you file taxes, etc). Depending what state is considered your residence will determine where you are able to file for divorce. I would recommend consulting with an attorney who can provided you with... View More

1 Answer | Asked in Family Law for Maryland on
Q: I have full custody of my child the father has visitation He has not visited her for 9 months has he forfeited his right

He has not paid child support in 6 months. He told me in march to no longer contact him. Can I have his parental rights completely removed so I can do things like get a passport for her go on vacations etc.

Evan M. Koslow
Evan M. Koslow
answered on Oct 10, 2014

You can file for a Modification of Custody to seek sole legal and physical custody. If granted you then will be able to do things such as get a passport for her to go on vacation, etc (although it is likely that you are able to do those things now, but I nor any other attorney could confirm that... View More

1 Answer | Asked in Family Law for Maryland on
Q: Claiming a child as a dependent when they live overseas

I have a child that was born in Germany while I was serving in the military there. The child has a us passport and social security number but didn't live with me in the USA this year. I paid more than half of the child's support for the year. Can I claim the child as a dependent since the... View More

Evan M. Koslow
Evan M. Koslow
answered on Oct 10, 2014

It depends on several facts that are not mentioned here. Such as, is there a Court Order entered that states who can claim the child and where? I would recommend that you consult with a tax attorney (or tax consultant/CPA) who can ask the appropriate questions in order to answer what rights if... View More

1 Answer | Asked in Family Law for Maryland on
Q: I have two boys and one on the way I want to get full custody of my children how could I do that
Evan M. Koslow
Evan M. Koslow
answered on Oct 8, 2014

You would need to file for Custody in the Circuit Court of the county that you reside in. However, I should note that the Court cannot determine custody of an unborn child. You would need to prove to the Court why it is in the best interest of your children for you to have full custody of them.... View More

1 Answer | Asked in Family Law for Maryland on
Q: A 6 year old child (in 2003) was awarded $250,000, MD Code 13-309. How do i find out if money has been miss spent?

Money was to be held in Trust for her and Father was to manage for benefit of her. Father now tells daughter there is no money for her college. Trying to find out if money spent legally.

Thank you

Evan M. Koslow
Evan M. Koslow
answered on Oct 8, 2014

If this was through a guardianship case filed with the Court the trustee (the father) should be ordered to provide a yearly accounting. I am not sure which Md. Code you are referring to as there are over 20 different codes (i.e. Maryland Family Law Code 13-309 (which there isn't any),... View More

1 Answer | Asked in Family Law for Maryland on
Q: My wife has taken & secreted our children (12 & 15) away from me. Can I call the police & file a criminal complaint?
Evan M. Koslow
Evan M. Koslow
answered on Oct 6, 2014

Unless there is a Court Order setting forth the custody arrangement between you and your wife and/or you believe that your children are in danger (and have some sort of evidence to support said belief) you can call the police, but they likely will not get involved. You should file for custody and... View More

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.