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My sister is a pregnant (7 months) stay at home mom of 3 girls (babygirl due in October). Her husband was caught cheating on the same day my sister told him she was pregnant. She’s had a part time job for the last year in efforts to transition back into the work force. Now she has a high risk... View More
answered on Jul 30, 2019
The Court must consider several factors in custody and the upmost factor is the best interest of the children. The court will consider things like money to be able to care for the children, but that's what child support is for. The court will also consider the fitness of the parent, character... View More
answered on Jul 30, 2019
Support continues until the child either graduates from high school, turns 19, emancipates, dies, or marries. So, no, if your child graduated from high school, then your obligation to pay should stop. But if you have a court order to pay and your wages are being garnished, you need to file to... View More
She doesn't have a stable home she does not work
answered on Jul 29, 2019
Your question is very vague. Is there already a court order in place? Is there is a contractual agreement between you two? If there is not a court order, you need to file a complaint for access/visitation/custody. If there is a court order and she is violating it, you need to file contempt and... View More
answered on Jul 29, 2019
You not only can do your own separation agreement but if it goes to court you can represent yourself. There are no laws requiring an attorney to draft anything or an attorney to represent you. However, keep in mind, if you do not seek legal advice on drafting it or do not have an attorney draft it... View More
He has custody of 3 children but also has 3 other children and that parent has filed for child support. Will they take in consideration that he has those 3 other children?
answered on Jul 24, 2019
He can ask for a deviation based on who is living in household and the expenses, but those children he has custody of will not be considered in guidelines at all.
I am not aware that I have any economic assistance debt. I am owed $2591.69 and noticed there was a drop of about $1700 so its down to $891.69 but I have not received any payments. Last payment was in June.
answered on Jul 18, 2019
You're only recourse is to talk to your agent at the enforcement agency, DSS, social services. Everyone is assigned an agent. If you don't get anywhere with that agent then ask to speak to the supervisor. If you don't get anywhere with the supervisor then ask to speak with the... View More
The divorce settlement between my ex and I states she has one (summer) vacation week that she has to give 30 days notice to me for. A few weeks ago, she emailed the vacation week she will be taking; however, a week later, emailed again that she will no longer take the vacation the week she... View More
answered on Jul 17, 2019
Unfortunately, you won't get a court hearing within 2 weeks so you can't get an immediate resolution through the courts. You can however advise her that she is to STILL take your child the week that she said she was going to take your child and advise her that even though she may not be... View More
if I’ve filed for emergency modification of custody as the custodial parent and Im not Receiving child support will they address it in the emergency hearing or do I need file a separate request for them to establish child support? I previously was paying it to the mom before Custody was... View More
answered on Jul 14, 2019
You need to file to terminate the child support that you were paying to mom and you need to file to establish child support for mom to pay you. They will not address child support in a custody hearing unless you also filed for child support.
answered on Jul 12, 2019
No. But, if you have a judgment for any child support that is owed, you may be able to collect from the non-custodial parent's estate IF there is an estate.
What's the legal binding of this type of agreement
answered on Jul 17, 2019
You can definitely have a notarized document regarding custody, but I would never advise that. I would advise to have an attorney draft a Parenting Agreement (access, legal custody, and physical custody). Custody is more than just where the child lays his/her head at night. it can be very... View More
he claims that he has won a law suite against the baltimoe police dept and won how do I find out if this is true or not?
answered on Jul 8, 2019
If you are planning to remain married to him, the only way to find out is to go online to Maryland Judiciary public case search and see if there was in fact a lawsuit. If you are planning on divorcing him, that information can be obtained though the discovery process.
I also want to adjust my child support since I’m making much less then I was when I was living in MD and when we filed the paperwork for the amount I would pay, back in 2013
answered on Jul 8, 2019
If you want to get a divorce and modify your child support, then you must file for divorce and you must file a modification with the court. As there is not an actual question here, I am not sure what advice you are seeking regarding those issues. You may want to schedule a consult with an attorney.
My children’s father/estranged husband abused me for 18 yrs. My bones have been broken, & I’ve been covered in lumps & bruises. His violent alcoholic abuse turned into countless death threats & he started threatening & physically abusing the boys & my disabled Mother. Which... View More
answered on Jul 8, 2019
It sounds as though you have not filed for divorce yet, so I suggest that you schedule a consult with an attorney who can give you legal advice specific to your situation. You can file for divorce based on cruelty of treatment and request sole legal and sole physical custody. Also as you know, you... View More
We have shared custody 50/50, but the monthly child support I pay is significant. Should this be calculated on her earning potential instead of her actual since she chooses to work part time and is using my child support her?
answered on Jul 8, 2019
If your ex only works part-time but you believe that she can work full-time then you need to prove that to a court and, if the court believes you, then the court should impute full-time wages to her and not part-time wages.
answered on Mar 20, 2019
It depends upon what your court order states regarding custody/access and moving. If you have custody/access and her move disrupts/hinders it, then you can file contempt because your access/custody rights have been violated. Carefully read your court order. If you don't have a court order,... View More
Sons father wanted an abortion, was verbally suicidal, showed no interest, hasn’t seen son in over a year and recently contacted said he was okay if things stayed the same. He admitted to looking on social media to see sons up bringing but no contact when in state (and at same work place) to see... View More
answered on Mar 20, 2019
No attorney can guarantee what a court will do. Custody involves many factors and it also depends upon what is testified to at trial by you, him, and witnesses, if there is a trial. Much more information would be needed to assess the probability of you getting court ordered physical and legal... View More
We have our child for a holiday coming up and then have them for a family event the next week. Their mother wants us to bring back from out of state for just 2 days of school. Then pay to fly them out again for the family event. It’s a lot of unnecessary travel for 2 school days. Do we have to do... View More
answered on Mar 20, 2019
That's really a loaded question. It depends upon what your custody agreement states regarding access/visitation. If the mother of the child has tie-breaker regarding access/visitation then yes, she can file contempt if you don't bring the child back, again, depending upon what your... View More
child is now 15, was living between two households weekly due to joint custody agreement. Father was paying reduced child support due to joint custody. Father kicked child out his house and child has been living fulltime only (with mom) for over 6 months. Can child-support be re-evaluated and... View More
answered on Mar 18, 2019
Yes. You can file a motion to modify child support but be prepared to prove with evidence that the child is no longer staying the requisite overnights. As a cautionary measure, I would also file a motion to modify custody. The courts may very well not modify child support until the custody is... View More
He has taken all marital property and refuses to negotiate and sign an agreement. I do not have money to hire PI to prove adultery, and he is moving out of state soon. I know I will not know his whereabouts after the 12 month waiting period - what happens if I don't know where to serve final... View More
answered on Mar 14, 2019
I would file for divorce ASAP so that you can serve him while he is still living here. He will then have to return here for any and all court dates. You can file for a limited divorce if you don't meet the grounds for an absolute divorce and then upon meeting any ground for absolute divorce,... View More
Ex-wife is attempting to register/modify the child support order in VA, which was issued in MD. I still live in MD. Can I contest the registration/modification process?
answered on Mar 13, 2019
She can register it another state to enforce, but that state will abide by MD law when modifying it. MD law controls.
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