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Questions Answered by Diana Valle
1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: My legal husband will not return my son to me. What can i do?

My Husband and I recently separated, in which i took both my sons ages 3 and 7 with me. We have a child support agreement of which he pays to me. He recently took my sons for visitation and will not return my 3 year old to me. I have contacted a police officer but he stated there was no custody... Read more »

Diana Valle
Diana Valle answered on Jun 15, 2020

Yes, you will have to obtain a custody order. I recommend you file a complaint for custody immediately to avoid him establishing a routine with your son.

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: What does the following mean: The parties do not intend that Wife receive a pro rata share as defined in 5 CFR 838.103.

This question is in regard to a Federal Employee Retirement System (FERS) pension.

Diana Valle
Diana Valle answered on May 26, 2020

Is there more language to that order? Here is the link for the definition sections so that may help.

https://www.law.cornell.edu/cfr/text/5/838.103

1 Answer | Asked in Collections and Small Claims for Maryland on
Q: Can my license get suspended after 7 years of not hearing a single word from the dealership I'm being sued

And their lawyer is saying I'm gonna lose my license until it gets paid

Diana Valle
Diana Valle answered on May 25, 2020

More details are needed. Who is suing you and what is the debt for? If it is for past due child support that is a possibility. I would need more details to provide you with a better answer.

1 Answer | Asked in Divorce, Child Custody and Child Support for Maryland on
Q: I need to remove my last name from a kid that is not my son biological. It's been 4 years since he was born.

My ex-partner and I, we separated about 4 years due to her cheating on me. As a result of this, she got pregnant by the man who she cheated on me. She never told me about this infidelity until later I found some emails on her phone when she used to communicate with guy. The baby was born, and I... Read more »

Diana Valle
Diana Valle answered on May 25, 2020

You should file a complaint for paternity to establish you are not the father and/or respond the the complaint and deny everything under the defense that you are not the father. The court will order a DNA test and that should take care of the support issue. You might be able to ask the court to... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: I live in maryland. I would like to change the name of my son who is 7 months old. What are the steps I need to follow?
Diana Valle
Diana Valle answered on May 25, 2020

Hi, you would have to file a change of name petition. You can obtain the paperwork online or through the courts when they reopen.

1 Answer | Asked in Family Law for Maryland on
Q: wife had a baby by another man. havent been with her for 6 years. took a dna test baby isnt mine. state put a judgement

on me for child support i do not live wife soon to be x wife. do they have a legal right to do this?

Diana Valle
Diana Valle answered on May 25, 2020

You should reopen the judgment and have it vacated based on DNA evidence that the child is not yours. You do not have a legal obligation to support a child that isn't yours.

1 Answer | Asked in Family Law and Juvenile Law for Maryland on
Q: my children were placed in shelter care, i just received the order but it is not signed by a judge. Does it need to be?

if its not signed by a judge is it legal for them to keep our children?

Diana Valle
Diana Valle answered on May 25, 2020

Every order should be signed by a judge. You probably received the propose or draft order awaiting a judge's signature. You should receive a signed copy once it is signed.

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: My child's father refuses to work,his girlfriend pays for all living expenses for my kid's but we have joint custody

Can I get this modifed to get primary custody? He makes Drs appointment's and refuses to tell me. He allows her to sign all dental, medical and school paperwork as the mother. I have never received child support or asked! He calls and texts me Everytime I pick up my children and causes... Read more »

Diana Valle
Diana Valle answered on May 25, 2020

The father's girlfriend should have no authority over your children's legal issues such as medical appointments and other important paperwork. He is seriously depriving you of your parental rights to legal custody over your children. Your children have a right to child support as well.... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Family Law and Real Estate Law for Maryland on
Q: Hello, what can I legally do to get the leasing office to deal with the many noise complaints I’ve sent in?

I work an over night job and my neighbor above me leaves his young kids in the house alone early in the morning around 9 am for multiple hours a day multiple times a day, I get in the house at 7 am and cannot sleep cause of so much noise over my head, I’ve sent video recordings of the noise,... Read more »

Diana Valle
Diana Valle answered on May 25, 2020

If you have evidence of the noise being caused, and it rises to the level of disrupting your right to peace and enjoyment of your residence, you could file a nuisance complaint against your neighbor. The more evidence you have then the better. The judge would then decide based on the evidence... Read more »

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Maryland on
Q: Can a husband legally take my camera and gear?

My husband has taken my camera and gear, around 15,000.- worth out of spite. I'm a photographer and taking photos is how I make my living.

Diana Valle
Diana Valle answered on May 25, 2020

No, he cannot take your camera and gear. Although you are married, and most property acquired during marriage is marital property, that does not mean that he can take your personal property from you. Try calling the local police for assistance. I do not know if he is still residing with you, but... Read more »

2 Answers | Asked in Bankruptcy and Consumer Law for Maryland on
Q: Debt collector contact me for an old debt claiming that he is the owner of the debt and can't sue due the time that pass

I received a letter from a collection agency claiming that they are the owner of an old debt and due to the time that passed they can't sue for the balance of $18K but would like to settle for $3.8K.

What should I do?

Diana Valle
Diana Valle answered on May 25, 2020

That's very strange. First they are admitting that they cannot come after you for the amount due but then are asking that you settle it? Please check your credit report to see if they have reported this delinquency. You may have protections under consumer and fair credit reporting laws,... Read more »

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4 Answers | Asked in Bankruptcy and Real Estate Law for Maryland on
Q: How can you do a deed in lieu of Foreclosure if your home was included in a ch.7 bankruptcy?

The ch.7 was discharged two years ago and wasnt reaffirmed. I want to do a deed in lieu of foreclosure to get the lien out of my name. Will the deed in lieu be on my credit report if the house was included in the ch. 7, discharged two years ago and never reaffirmed?

Diana Valle
Diana Valle answered on May 25, 2020

Even though you received a discharge in bankruptcy your name is still on the title. This is why people can still receive HOA assessments after discharge even if the pre-bankruptcy assessments were discharged because you are still on the title. You should talk to your bank to get a deed in lieu or... Read more »

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2 Answers | Asked in Family Law for Maryland on
Q: Baby mother is refusing to give my kids back after a visit with them but all paperwork for school and address is with me

After the mom abandoned the kids for a few months, they have been living with me. I had to enroll them in school in a new jurisdiction. I filed for child support from her which is pending. I have been allowing the kids to see her on weekends and occasionally a week. Today she tells me she’s not... Read more »

Diana Valle
Diana Valle answered on May 25, 2020

Do you have a custody order outlining her visitation? If you do and she is in violation of the court order, you can call the police for enforcement. If you do not have a custody order you could try seeking emergency custody as you will not lose anything by trying. Depending on evidence you have... Read more »

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1 Answer | Asked in Family Law for Maryland on
Q: Do I need to retain a lawyer to obtain /file these documents?
Diana Valle
Diana Valle answered on Apr 5, 2020

What are the documents? Generally speaking, you are able to represent yourself so you are not prohibited from filing anything without a lawyer. If you provide more details I can give you a better answer.

2 Answers | Asked in Bankruptcy for Illinois on
Q: I have already filed chapter 7 will I get to keep the stimulus check?

There is so much information out there that is very confusing. I filed on March 31st. From what I have read it can't be taken to pay creditors which is ultimately the job of the bankruptcy trustee

Diana Valle
Diana Valle answered on Apr 5, 2020

I am licensed in Maryland, but since bankruptcy is federal law I can answer that once you file for bankruptcy all of your assets at that moment go into the bankruptcy estate unless they are exempt. I can't imagine that the trustee would try to go after your stimulus check. The only way that... Read more »

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2 Answers | Asked in Bankruptcy for Michigan on
Q: Certification Regarding Domestic Support Obligations

I received a pre discharge notice regarding my Chapter 13 bankruptcy case and it spoke about the form listed above. Is this something I have to complete or is it not required? I don't want to miss anything that could prevent my case from discharging. I pulled up the dorm and it does not have... Read more »

Diana Valle
Diana Valle answered on Apr 5, 2020

You normally have to file a certification of domestic support obligations or that you have none in Maryland. Check with your local attorney to find the requirements.

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