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Questions Answered by Marie-Yves Nadine Jean-Baptiste
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:... View 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... View 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.... View 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... View 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... View 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... View 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... View 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... View 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... View More

2 Answers | Asked in Estate Planning for Maryland on
Q: My wife has been missing for 25 years would like to have declared dead
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Aug 1, 2020

Unfortunately, this is a matter of fact that must be determined by the court. You should contact an attorney in your area/county/city to determine whether there is a case for a presumption of death.

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1 Answer | Asked in Family Law for Maryland on
Q: When I get married, I may want to wait to change my name. How much time can I wait after marriage to change my name?
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Jul 30, 2020

You can change your name at any time, there is no set time requirement. However, you must not change your name for an illegal purpose such as evasion of creditors.

1 Answer | Asked in Family Law for Maryland on
Q: How does one file an amended affidavit of service without a copy of the original affidavit of service?
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Jul 30, 2020

You can obtain a copy of the original affidavit from the court.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Maryland on
Q: So I'm 17 and have been living with my grandparents for the past 5 years and they treat me very badly.

They've taken away all my rights and are an abusive like stage when they drink (every night). I'm not sure if I can make it to 18 with them like this and I honestly dont know what to do. I dont want to get involved with CPS again and I cant live with my mom as of now. My boyfriends... View More

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

Assuming that your grandparents have custody of you through a legal proceeding, to become emancipated (which will allow you to make your own decisions) you will have to file a petition for emancipation in the same custody case. There is no guarantee that it will work but I suggest that you contact... View More

1 Answer | Asked in Family Law for Maryland on
Q: If a man gets a married woman pregnant in Maryland, who is responsible for baby, biological dad or husband?

Would pay support; she is trying to force me to take care of/be a part of the child's life. Told her at 4 weeks of pregnancy didn't want, we always used condoms. She said she was keeping the child and would take care of herself. She is separated from her husband, and has 3 different... View More

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

In Maryland there is a presumption of paternity when a woman is married. As a result, her husband will have to overcome this presumption and if successful, (which he will most likely be based on your stated facts), mom can/most likely will go after the birth father for an establishment of paternity... View More

1 Answer | Asked in Child Custody and Child Support for Maryland on
Q: Can I have a child support order if Dad does not work?

I filed for child support, but the Dad does not work and there is no custody order in place. Is it even worth it to file? I have heard rumors that I would have to pay Dad as I have a greater income.

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

Yes, it is worth it. The court will impute income onto dad. That means that for calculation purposes, the court will calculate the guidelines as if he has a minimum wage job. Currently that is $11.00 depending on your county of residence. Some counties in MD have a higher minimum wage. So if you... View More

1 Answer | Asked in Divorce for Maryland on
Q: if i can prove infidelity on my wife how would i fare going through a divorce

we own one home paid off our children are all grown

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

Usually infidelity is a factor that I focus on under two circumstances: (1) whether you are eligible for an absolute divorce now versus a year and (2) when calculating alimony guidelines since the cause of the breakup is an alimony factor. It's difficult to assess how the infidelity impacted... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Who do we contact if a rental company or landlord refuses to fix a septic issue?

I am attempting to help my nephew who just got in a lease where they refuse to fix the septic leaks out of the septic pipes in his apartment.

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

If the LL refuses to fix the leak, then you would have to take the route of rent escrow. Which requires that you file an action with the court which then forces the LL to fix the issue. You will file in District Court in your nephews county.

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