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Questions Answered by Evan M. Koslow
1 Answer | Asked in Domestic Violence for Maryland on
Q: My husband assaulted me, I went to the police but didn't take it any further. Will it still be on record?

I went to the police, had photos taken and gave them details but decided not to pursue it as I didn't feel strong enough to go to court.

Evan M. Koslow
Evan M. Koslow
answered on Oct 1, 2014

A police report would likely have been generated and available to the public. However if no criminal or civil actions have been taken, then there will be nothing on record stating that he was found guilty of actually doing the action you reported to the police. Depending on what you are trying to... View More

1 Answer | Asked in Family Law for Maryland on
Q: I just begun to receive welfare and I filed for child support but child's father wants to move back in what should i do?
Evan M. Koslow
Evan M. Koslow
answered on Oct 1, 2014

This is not a legal question, but a personal decision that you need to make on your own (what you believe to be best for you and your child). The only legal issue in this case is whether you will be eligible to receive welfare if he were to move back in (since his income will now be considered... View More

1 Answer | Asked in Family Law for Maryland on
Q: I'm trying to report my daughter father for harassment etc how would I get a hold or information to report him to army
Evan M. Koslow
Evan M. Koslow
answered on Oct 1, 2014

You should contact the supervisor of his unit. If you are truly concerned about your daughter's safety perhaps you also need to file for a Protective Order against the father. Without more information cannot provide further assistance.

1 Answer | Asked in Child Custody for Maryland on
Q: I live in Maryland. For two years my daughters father hasn't been in her life. He smokes weed and has domestic charges.

How can I get custody of her? She is two years old. He's done nothing for her, he's never given me a dime

Evan M. Koslow
Evan M. Koslow
answered on Sep 30, 2014

If you have lived in Maryland with your daughter for more than 6 months, you can file a Complaint for Custody (and child support) in the Circuit Court in the county you reside in. Once you file the Complaint, the Clerks office will forward you a summons, which you will have to have someone... View More

1 Answer | Asked in Child Custody for Maryland on
Q: I applied for full sole and physical custody. My ex did not contest my wishes is been 2 months. What will happen now?

He had 30 days to contest. I did sayhe could have visitation when i needed help. With full sole and physical custody can i refuse to let my exs girlfriend around my kids?

Evan M. Koslow
Evan M. Koslow
answered on Sep 30, 2014

If he has not filed an Answer, you need to file a Request for Default. If a Request for Default is granted a hearing will be held where you would have to present evidence as to why the Court should grant the relief requested. Note however, that if the father were to file an Answer on or before... View More

1 Answer | Asked in Divorce for Maryland on
Q: Do you have live in separate house to be legally separated?
Evan M. Koslow
Evan M. Koslow
answered on Sep 30, 2014

Maryland does not recognize anyone as "legally separated." Depending on what relief you are seeking and what grounds of divorce are available to you at this moment, you may be able to to file for a limited divorce or an absolute divorce. A limited divorce only provides the following... View More

1 Answer | Asked in Family Law for Maryland on
Q: When the child gets grown can she /he take the child support off of they're parent there self if they dont want it?
Evan M. Koslow
Evan M. Koslow
answered on Sep 30, 2014

Once the child is 18 (or if still in high school, then graduates or turns 19), then the child support obligation of the parent automatically terminates. Otherwise, a child cannot file a motion with the Court requesting that the parent be no longer required to pay the other parent child support.

1 Answer | Asked in Family Law for Maryland on
Q: If you have your ex( but still married but separated) on child support and gets paid under the table how will he pay?
Evan M. Koslow
Evan M. Koslow
answered on Sep 30, 2014

You would need to prove that he is being paid under the table and show the court how much he is being paid under the table. If Custody is not an issue, I would recommend that you contact your local Office of Child Support Enforcement Office (OCSE) who for a fee of $25 can file a Child Support... View More

1 Answer | Asked in Family Law for Maryland on
Q: If I am a part time resident of Alabama, do I still have to pay child support in that state even if my ex-wife has moved
Evan M. Koslow
Evan M. Koslow
answered on Sep 30, 2014

This questions should be posed to an attorney in Alabama. However, I will note that the State that entered the original Child Support Order has exclusive continued jurisdiction over the case and if someone is looking to modify/terminat/enforce the order and they want another state to do one of... View More

1 Answer | Asked in Family Law for Maryland on
Q: if i live in md and my son live in new york where should i get a lawyer for child support cased

child support cased

Evan M. Koslow
Evan M. Koslow
answered on Sep 25, 2014

If your son has been residing in NY for more than 6 months and there is no prior court order. If there is a prior court order in Maryland you can potentially file in Maryland. If there is a prior court order not entered in Maryland or NY, you would need to enroll the Order in NY (if the child has... View More

1 Answer | Asked in Family Law for Maryland on
Q: How would I go about willingly relinquishing custody of my child to my parents

I would like to willing relinquish custody of my child to my parents, but have no idea how to go about it. I am giving up custody because I'll be enlisting in the navy. Also, my sons father and I currently have no custody agreement. If he agrees, how would we go about this? If he disagrees to... View More

Evan M. Koslow
Evan M. Koslow
answered on Sep 25, 2014

You would need to have the child's father also agree, otherwise any agreement between you and your parents would not "trump" that of the father if the father tries and take the child into his custody (i.e. without the father's consent and in the event father decides that he... View More

1 Answer | Asked in Family Law for Maryland on
Q: can the father chrge the mother witth kidnnapping if he doesntt reside with the child?

Child born in west Virginia father only came around twice. Mother moved to maryland child of course is wirh her father is now claiming he can get her for kidnapping. Is this true there is no custody set. But she lived and has lived with. Me all her life she's one now.

Evan M. Koslow
Evan M. Koslow
answered on Sep 25, 2014

Depends. If there is no custody order (which there appears that there is not) then both parents have equal rights to the child and as such the father would not be kidnapping the child. However, if there is a court order setting forth the access schedule each parent has with the child and one... View More

1 Answer | Asked in Family Law for Maryland on
Q: I pay child support in PA, my wife in MD is taking to support how much can they take from me
Evan M. Koslow
Evan M. Koslow
answered on Sep 25, 2014

If the Case is in PA, then PA law would apply. If the case is in Maryland, then the Child Support Guideline would determine the child support amount. This is determined by what each of your gross incomes are as well as deductions for various possible expenses one of you (or both of you) may be... View More

1 Answer | Asked in Family Law for Maryland on
Q: I am a stay at home mom with my son. I want to file for sole custody over him, his acual father is absent.

My Fiancee takes care of me and my son, he works fullime plus hours to make ends meet. My son acual father may see him about 3 to 4 times out each year and almost never buys him nothing(His acual father). He is ordered to pay child support but never do or just pays whenever he wants(not even the... View More

Evan M. Koslow
Evan M. Koslow
answered on Sep 15, 2014

The fact that he is absent helps with your chance of receiving sole custody. The fact that the father is not paying child support does not mean that he cannot have access to the child. Here are a few examples of the factors the Court considers when determining custody:

• The mental and...
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1 Answer | Asked in Family Law for Maryland on
Q: Is there a court document that you can get he or she to put there singer on it and would not be put back on childsupport

Say if she take me off child support is there any court documents that said if he or she put there singer on it you would never have to pay child support again

Evan M. Koslow
Evan M. Koslow
answered on Sep 15, 2014

What do you mean by singer?

Child Support cannot be waived without a Court's approval. You will need to show why it is in the child(ren) best interest for no child support to be ordered. In addition, even if a waiver of child support is agreed (and approved by the Court) the party...
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1 Answer | Asked in Child Support for Maryland on
Q: If I put my husbands kids on my health insurance, will child support include my income in his case?

I want to put my husbands children on my health insurance plan because it is cheaper for us. However, I do not want division on child support to include my income in his case. Will my putting them on my insurance jeopardize that?

Evan M. Koslow
Evan M. Koslow
answered on Sep 9, 2014

No your income will not be included. However, neither your husband or the children's biological mother will be able to obtain "credit" when determining the child support obligation.

1 Answer | Asked in Child Support for Maryland on
Q: My wife wants to put my children on her health insurance plan, would the courts try to include her income in my case?
Evan M. Koslow
Evan M. Koslow
answered on Sep 4, 2014

No the court would not include her income. However, they would also not provide you with the "credit" for paying for the children's health care when determining what, if any, child support obligation there will be.

1 Answer | Asked in Child Custody for Maryland on
Q: What happens to the defendant who goes into default twice by the plaintiff in custody battle for child?
Evan M. Koslow
Evan M. Koslow
answered on Sep 2, 2014

Not sure what the exact question is here. If a parent does not show up for a hearing, the other parent can ask the court to grant certain relief regarding the custody of the child, but will still need to show why said request is in the best interest of the child. If it is the moving party that is... View More

1 Answer | Asked in Divorce for Maryland on
Q: I GOT MARRIED ON JUNE 12, 2013& COME TO USA ON JULY 1, 2013.STILL WE SEPARETED. OUR MARRIEGE IS18DAYS OLD.I NEED DIVORCE

SHE WILL NOT SIGN FOR ME DIVORCE LETTER AND I DONT KNOW WHAT AM DOING

Evan M. Koslow
Evan M. Koslow
answered on Sep 2, 2014

You can go to the pro-se clinic (which is in the circuit court of each county) where an attorney there can help you fill out a Pro-Se Complaint for Absolute Divorce and walk you through the process of getting your wife served. Otherwise you can consult and retain a private attorney (who will... View More

1 Answer | Asked in Family Law for Maryland on
Q: Can I still get child support if I make more than the father?

The father is currently unemployed but has gotten a new job that starts soon. He still will not be making as much money as I am. I have our son. Is he still required to pay child support or would I pay him? even though I have our child?

Evan M. Koslow
Evan M. Koslow
answered on Sep 2, 2014

Depending on what the custody arrangement you have and what income he has (perhaps by also imputing income as well), will determine what, if any, child support either of you owe. There are child support guidelines (and worksheets) used by the Court that most family law attorneys have access to.... View More

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