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Questions Answered by Marie-Yves Nadine Jean-Baptiste
2 Answers | Asked in Estate Planning for Maryland on
Q: How do I decline being a trustee after having accepted?

My friends asked me to be the trustee of their son who has a disability. I didn't know what that meant and I tried to decline and they told me it wasn't that hard. That I would be the local person and his sister would be making the decisions. I didn't research it and agreed.... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 4, 2020

Without seeing the trust agreement, I can only answer based on the facts you have provided. Usually the trust agreement will advise you as to how to resign as the trustee. If it's silent, then I suggest you talk to the sister about passing the torch and then following up your resignation in... Read more »

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1 Answer | Asked in Divorce and Family Law for Maryland on
Q: Im 22 (m) and my mom wants to divorce my step-father. Is there any legal way to have him stay as my step-father?

He has helped me through high school and college now and has been very beneficial to my life. Now my mom is deciding to divorce and I'm about to lose my step-father, but I don't want to. I love my step-father a lot.

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 1, 2020

You are old enough to have a relationship with your step-dad without any court involvement. You are also old enough to make a decision as to whether you want to reside with him--it is no one else's decision but yours.

1 Answer | Asked in Family Law, Domestic Violence and Probate for Maryland on
Q: If someone is under legal adult guardianship in one state and living in another, which state do I contact APS in?

If I need to contact Adult Protective Services for someone in an abusive adult guardianship situation, should I be contacting them in the state the person is living in or in the state of jurisdiction for the guardianship?

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 30, 2020

To be safe, I think you should contact both. There is no penalty for doing so. Especially if you believe that this person is being abused in some way.

1 Answer | Asked in Contracts for Maryland on
Q: can an hoa obligate funds in current budget for contracted services in the following year?

For example, we are planning to do a reserve study in 2021. It is in the 2020 budget, but since the work is not being done in 2020 can we sign a contract for 2021 and have the work done in 2021.

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 29, 2020

Yes, you can always contract for future work--some vendors like to get paid for their work in advance to secure your spot. Check the HOA's governing documents and see if this is against the policies set out in the documents. If so, then you should follow it. If not, then contracting for future... Read more »

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: If a married couple separate and break their lease can they split the balance?
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 25, 2020

Yes, that is always a good idea. That way one person does not feel as if he/she is carrying the responsibility of the debt. Make sure to get a receipt or confirmation of payment. Please keep in mind that if both of your names are on the lease, you are both jointly liable for the balance. So, if one... Read more »

1 Answer | Asked in Estate Planning for Maryland on
Q: Is there a specific legal form I need to sign to waive or reject my inheritance?
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 24, 2020

There isn't a form on the Register of Wills' website that would accomplish this. You should reach out to a local attorney to inquire about he/she assisting you with preparation of a proper disclaimer. It need not be anything fancy but it would be worth it to consult with an attorney about... Read more »

1 Answer | Asked in Child Custody for Maryland on
Q: Is it legal to offer cash to a co parent in exchange for them agreeing to a parenting plan?

My daughter's father and I currently live one hour apart. I would like to move about two and a half hours away from him, with him driving the same amount as he currently does and I will make up the difference. This move would make a huge difference financially. Would it be illegal for me to... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 24, 2020

I don't think it's a wise idea to do so. You can offer to pay for travel expenses and you should obtain counsel to at the very least help you create a child custody agreement in a more formal manner. That way you and your child(ren) are protected in the event things don't work out as... Read more »

2 Answers | Asked in Divorce and Civil Litigation for Maryland on
Q: Can my spouse place tresspassing notice on my girlfriend that he allowed me to have? We are both on the lease!
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 18, 2020

It sounds like you and your spouse are in a polyamorous relationship and has agreed to allow a third party to have access to the both of you and your home. Under those circumstances, your spouse can always revoke his consent. Given that you and your spouse have equal rights to occupy the home, it... Read more »

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2 Answers | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: (MD) Child support filed on father not on birth certificate. Does the mom need to file for sole custody in family court?

Child support was filed with the state. The Mom was advised because paternity will now be legally established, sole custody should be filed with family court as well.

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 18, 2020

Without knowing the exact facts of the case and all parties involved, if that is the advice that she received, then she should follow it. You are correct in that a paternity action must be filed. Once paternity is established, mom can file for child support and custody. Good luck!

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2 Answers | Asked in Child Custody and Child Support for Maryland on
Q: How do you find out if child support goes up with new order for custody

I filed a motion for custody for schooling an had mentioned about child support in the motion went to trial got the new order of there recommendation but it don't mention anything about child support an its been the same amount for almost 5yrs even with reasonable parenting time but now... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 16, 2020

It sounds like you will need to file a new petition for a child support modification and gather all of your evidence that you believe will prove why the amount needs to change. Good luck!

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1 Answer | Asked in Child Custody for Maryland on
Q: My neighbor is 14. While in her mothers care, the mother OD’d / she saved her. Custody -50-50. Does she need to go?

The mother also just recently got a do you DUI and DWI. The daughter is traumatized and does not want to go, she wants to be legally with her father all the time. Can you help us tell us what to do

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 12, 2020

You can have dad file an emergency petition for custody. However, doing so requires additional documents such as a motion to shorten time. I do not suggest you or dad undertake this without the assistance of counsel. You should also contact your local Department of Social Services and file a report... Read more »

2 Answers | Asked in Child Custody for Maryland on
Q: Shared legal custody/tax filing

My sons father has primary physical custody(he has him 3 days more than i a week depending on the mo th and holidays we split) and and we have shared legal custody, can i claim my son on my taxes?

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 11, 2020

If you have shared physical custody AND you are both entitled to claim the minor child(ren) during tax time, under the Internal Revenue Code, if you can't agree on who should claim or you don't alternate, then the parent who has the highest income is the tie-breaker and is entitled to... Read more »

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1 Answer | Asked in Tax Law for Maryland on
Q: I am a federal employee looking to retire in North Carolina and wondering if I will have to pay state income tax?

My Service Computation Date is February 1983 and I am under the FERs retirement system. I heard that my retitrement income will not be taxed by the state due to that Bailey Act?

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 9, 2020

According to the decision of Bailey v. State of North Carolina, you are correct, the state cannot collect tax on your FERS as long as you have the eligible number of years as of 1989. In your case, 1983. If you would like to read more, there is a wonderful explanation here:... Read more »

1 Answer | Asked in Domestic Violence for Maryland on
Q: served a restraining order that is completely false and I was kicked from my apt

Hello I was just served a restraining order that is completely false and I was kicked from my home is it possible to get it overturned and the other person removed from the home ?

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 8, 2020

It is unclear based on the facts whether you can have the person removed from the home. However, to get a protective order dismissed against you, you will have to gather evidence and present both tangible (if available) and testimonial evidence of what happened at the protective order hearing. I do... Read more »

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: What do I do if my child support arrears are paid off, but it's not reflected?

My taxes were applied to my child support arrears this year, as was my stimulus check of $2200. After those payments my arrears should have been paid off, but it's not showing up. I spoke with someone and only my state taxes have cleared, even though I filed my taxes at the end of January.... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 8, 2020

You should contact the Office of Child Support Enforcement in your County/City as soon as possible. Please keep in mind that things are a bit slow because of COVID so there may be limited staffing.

1 Answer | Asked in Family Law for Maryland on
Q: I have the questions I have no abuse or substance abuse issues when child was in my care

My baby mom give our child cps I was incarcerated so my mother got my child as care giver...cps check my home in every thing I had the baby at 8days old until 3 now she 2... because her mother didn't want her...I don't understand y my mom holding me back from having my child she was fine... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 6, 2020

From the information you provided, I suggest you contact an experienced family attorney in your area who has gone against CPS in the past.

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: I live in Maryland, is there a statute of limitation on when adultery took place as to when you decide to get a divorce?

I have texts, emails, and pictures to prove that my spouse had the opportunity and willingness to have an affair. The event took place 5 years ago and we have tried to reconcile but we are now to the point where she has left the residence three weeks ago. Our two sons (15 and 12) have remained at... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 6, 2020

Usually when there is adultery, you qualify for an absolute divorce with no waiting period. However, there are defenses claiming adultery. For example, your spouse can say that you forgave it or you condoned it because of your actions/words (you said I forgive you, you resumed the marital... Read more »

1 Answer | Asked in Family Law, Child Support, Civil Litigation and Civil Rights for Maryland on
Q: Questions lawyer asked for

questions

Have you parenting classes

Have you completed anger management classes

Are you enrolled in substance class

Are you working how can n you provide for child

What are your daycare plans

Who can help you in case of emergency with child

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 6, 2020

These are discovery questions. They will help the attorney prepare their case. You should not ignore them simply because you do not understand them. If you fail to respond, the other attorney may file sanctions against you and ask the court to prevent you from entering evidence to prove your case... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Maryland on
Q: What happens if both you and your abuser file restraining orders

My spouse/ abuser filed a restraining order before I had a chance to

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 4, 2020

There will be a protective order hearing where the person who filed will have to present their case and the person accused will have an opportunity to defend him/herself.

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: What action can I take?

My sons' are 9 and 12. They refuse to go back to their Father's house. We have 50/50 custody, but no schedule agreement filed with the court. After taking several comments from them out of context, my ex husband bagged up all their belongings from the house he shares with them and dropped... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 1, 2020

Given the limited facts above, I am unclear what you mean about 50/50 custody but no schedule agreement. If you are saying that there is no court order or involvement, then I'd wait and see if the matter blows over. Humans are complicated especially with emotions involved so this may just blow... Read more »

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