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Maryland Family Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law, Gov & Administrative Law and Social Security for Maryland on
Q: Mother (SSI recipient) owns her home & would like to sell & come live with me. Can we purchase a home together? How?

My mother is 80 years old and lives in Florida. We'd like to sell her home and have her come live with me ( a married woman) in Maryland so that I may care for her as she ages in place. We'd like to use the proceeds of the sale to purchase a home in Maryland. I would apply for a home... View More

James L. Arrasmith
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answered on Feb 29, 2024

When considering purchasing a home together with your mother, who is a recipient of Supplemental Security Income (SSI), it's important to understand how co-ownership might impact her benefits. SSI eligibility is sensitive to income and assets. However, a primary residence is not counted as an... View More

1 Answer | Asked in Family Law for Maryland on
Q: My lawyer is incompetent and is ignoring my calls repeatedly. Is there any recourse or help with this?

Paid 3 thousand dollars for guardianship case for my handicapped brother and it’s turned into an absolute nightmare.

Kenesha A Raeford
Kenesha A Raeford
answered on Feb 20, 2024

If the attorney-client relationship is not repairable due to the attorney, and you have a pending case/guardianship matter, you should contact a competent family lawyer right away. It is possible that if you explain the situation, they will work with you regarding attorney fees. You will want to... View More

0 Answers | Asked in Family Law for Maryland on
Q: Can you delegate someone, not a parent as your proxy to make parental decisions for your child if you are unable to?

My son is 7. His dad and I are good friends but aren't together. My partner of 6 years and I have raised my son together. Dad isn't usually a good decision maker in general and I have concerns that if I were unconscious and unable to make medical decisions for my son that I would rather... View More

0 Answers | Asked in Family Law for Maryland on
Q: In Maryland Family Law, are stepparents, stepsiblings and half-siblings considered immediate family members of children?

The Defendant in our case refuses to adjust current visitation schedule from Saturday-Monday to Friday-Sunday, every other weekend, following her relocation out-of-state an hour away, which she did not give advance notice to Plaintiff (me). She cites that her reluctance is due to my work schedule... View More

0 Answers | Asked in Divorce and Family Law for Maryland on
Q: what is "Separation of Property" concerning Matrimonial Regime in the USA

Married Overseas with Matrimonial Regime "Separation of Property"

0 Answers | Asked in Family Law, Child Custody, Child Support and Health Care Law for Maryland on
Q: Who is responsible for paying my ex's deductible in MD if my children and I qualify for Medicaid?

My ex and I have joint custody. He pays for their primary insurance which has a deductible. The claim is submitted to Medicaid as their secondary insurance after his primary has paid on the claim. If I end up taking them to an Urgent Care when they are with me, the remainder of the bill (his... View More

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: (Maryland) I have not received an increase in my ex-husband's pension since it began in 1997. What are my legal options?

As part of my divorce, my ex-husband agreed and was part of the judge's decree, that he would pay me 10% of his military pension until one of us died. This took effect in 1997, however, I have not received an increase since then. (He sends the monthly check directly to me; it is not through... View More

Mark Oakley
Mark Oakley
answered on Jan 14, 2024

If you were married at least ten years during the time that your ex was in the military, then you can get the pension award issued in the form of a special court order served on the military to receive direct (and retroactive) payment of what you are owed. Either way you will need to file a motion... View More

1 Answer | Asked in Child Custody, Child Support, Public Benefits and Family Law for Maryland on
Q: How to get custody of child that have been in my care for 7yrs no legal paperwork state of Maryland gives me run around
James L. Arrasmith
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answered on Dec 31, 2023

In Maryland, if you have been caring for a child for seven years without legal paperwork, you may consider filing for legal guardianship or custody. This is especially pertinent if you have been the primary caregiver and the biological parents are not involved or unable to care for the child.... View More

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: I have sole physical / legal custody of my sons. Could I marry and move to Canada after a visitation schedule change?

The court order states that I need to let the courts and their father know about a move 3 months in advance. Their father lives here in town and has the boys 3 weekends a month. We have been divorced since September 2020. The boys are 8 and 6. I do have passports for the boys. I am concerned that... View More

T. Augustus Claus
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answered on Dec 29, 2023

As the custodial parent with sole physical and legal custody of your sons, you generally have the right to make decisions regarding their residence. However, if your court order specifies a notification requirement for a move, it is crucial to adhere to those terms. Before marrying and considering... View More

1 Answer | Asked in Arbitration / Mediation Law, Internet Law and Family Law for Maryland on
Q: My ex wife is trying to get a peace order against my mother for speaking to my ex wife’s new husbands ex wife about her

My former spouse is attempting to get a peace order against my mother due to my mother speaking to my former spouses husbands ex wife. They spoke only on messenger and no derogatory or insulting remarks were made. I do not think simply speaking about someone to another over private messaging is... View More

James L. Arrasmith
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answered on Jan 14, 2024

In general, a peace order, or a similar restraining order, is typically granted when there's evidence of harassment, threats, or abuse. If the conversation between your mother and your ex-wife's new husband's ex-wife was merely a discussion without any threatening, abusive, or... View More

1 Answer | Asked in Estate Planning and Family Law for Maryland on
Q: How do I guarantee that my funeral wishes are respected? I want cremation but my family is for burial.
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 15, 2023

There is no way to absolutely "guarantee" what people will do after one's death but taking the following 2 steps will make it more likely that final wishes will be honored:

1) pre-pay your expenses. If cremation and/or funeral arrangements are made while living and prepaid,...
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2 Answers | Asked in Estate Planning and Family Law for Maryland on
Q: My grandmother has a house, when she purchased the house she put it in her name and 2 of her childrens name.

She is the only person that’s paid into the mortgage. She has 6 children one is deceased, 5 living. When she passes away she wants, after the house is sold (it’s already paid off) the money to be split evenly between the 5 living children and the the portion that would have went to her deceased... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 7, 2023

There are a variety of planning tools someone can use to name beneficiaries while keeping power to freely change those designations. Perhaps, if your grandmother got good advice, the deed is a life estate deed with full powers still vested in the planner. If so, she could change it freely by a... View More

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1 Answer | Asked in Child Support and Family Law for Maryland on
Q: 14 year old with mom in GA and 18 year old with me in MD, enrolled in college. Should there be a support obligation?

There is no court order for custody, visitation, nor support - never has been. I paid 18 years and 14 1/2 years on my own. We were both military, I'm now retired and she's still active. She makes more money.

Mark Oakley
Mark Oakley
answered on Dec 2, 2023

If she has primary custody of the 14 year old, there would still be a legal obligation on your part to pay child support. How much depends both parents’ incomes and an application of the child support guidelines in the state where the child primarily resides. You should obtain a private... View More

1 Answer | Asked in Child Support and Family Law for Maryland on
Q: Can child care portion of payment be paid directly to child care?

Child’s mother only put child in daycare right before hearing to make child support payment higher. Afraid she will take child out of daycare after hearing.

T. Augustus Claus
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answered on Nov 27, 2023

The court can order that the child care portion of child support be paid directly to the daycare provider. This is called an income withholding order for child care expenses. The income withholding order will direct the non-custodial parent's employer to withhold a portion of their wages and... View More

2 Answers | Asked in Bankruptcy, Divorce and Family Law for Maryland on
Q: what is my Ex's financial responsibility, if any, to a debt i incurred 3 years after our divorce?

My wife and I get a divorce and I'm ordered to pay some alimony.

Three years later I'm in and out of psych wards depleting me to bankruptcy.

Is my wife legally responsible to any of my own debt or past/future expenses of

a psych ward or nursing home?

Would... View More

James L. Arrasmith
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answered on Nov 27, 2023

In general, after a divorce, each ex-spouse is typically responsible for their own debts incurred after the divorce decree is finalized. This means that debts you acquired three years after your divorce, including those related to medical or psychiatric care, would usually be your responsibility,... View More

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3 Answers | Asked in Bankruptcy, Divorce and Family Law for Maryland on
Q: Can a postnuptial agreement or Divorce decree free a spouse from creditors collecting on the other spouses debt?

My wife is worried that if we divorce and I eventually went bankrupt that she will be legally responsible for my finances. She thinks that there's a 5 year look back so if I went bankrupt within 5 years of our divorce finalization that creditors can legally claim her as liable.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 21, 2023

If you file a Chapter 13 petition in the future, it includes a co-debtor automatic stay for claims "dealt with by the Plan".

Filing a bankruptcy does not create a liability in a non-filing spouse. If she is currently liable as a joint obligor, then she remains liable for that...
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2 Answers | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for Maryland on
Q: If a prenup disposes of real property must it be recorded

Our prenup gives me a life estate if my husband predeceases me, assuming I continue to pay the mortgage. Do we need to record notice of the life estate?

Thomas C. Valkenet
Thomas C. Valkenet
answered on Nov 3, 2023

Your prenup is statement of intention. Only a recorded deed can pass an interest in land, or create a life-estate. For years our Firm has litigated this issue because the family law lawyers often don’t know how to handle the real property side of a separation agreement. It’s not hard, but it... View More

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1 Answer | Asked in Divorce and Family Law for Maryland on
Q: Can I have divorce papers served via certified mail to his adult sister whom he lives with and collects his mail?
T. Augustus Claus
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answered on Nov 2, 2023

Yes, you can have divorce papers served via certified mail to your spouse's adult sister, whom he lives with and collects his mail. This is a valid method of service under Maryland law.

Once the certified mail package has been delivered to your spouse's adult sister, she must sign...
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2 Answers | Asked in Family Law, Child Custody and Constitutional Law for Maryland on
Q: Can dss retaliate against mother of abused child after testifying for defense in court, in a non formal hearing, vop mat

Father pled to child abuse. Mother cleared and given supervised visits after having full custody for 3 years. Father gets released, sees his daughter, the (victim) and dss tries to remove her from mom for letting child mother see her..even though mother didn't deviate from custody... View More

James L. Arrasmith
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answered on Oct 15, 2023

While DSS should not retaliate against the mother, it's important to ensure that all actions and decisions are made in accordance with the law and in the child's best interests. Consulting with an attorney who specializes in family law or child custody matters can provide the mother with... View More

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