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Maryland Family Law Questions & Answers
1 Answer | Asked in Family Law for Maryland on
Q: For family law penal code 12-104.1 the parent only needs to be sentenced to an 18 month sentence or more, correct?

If I'm given a 2 year sentence and I serve 14 months on that sentence am I still eligible for penal code 12-104.1

Mark Oakley
Mark Oakley
answered on Sep 24, 2022

Yes, arrearages do not accrue during the period of incarceration and for 60 days after your release. The threshold for suspension of the obligation is a sentence of incarceration of 180 days or more.

1 Answer | Asked in Family Law for Maryland on
Q: Is there a Rule on a default expiration for Court Orders in family law, when a child is 18, sans a motion by the parties

There is Court Order of Consent between the parties prior to the kids reaching the age of 18. I was order to pay child support. To stop paying child support, I motioned to the Court that the child was 18 and no longer needed financial support. It was granted. However, there are other clauses in the... Read more »

Mark Oakley
Mark Oakley
answered on Sep 19, 2022

If your daughter is over 18 now, in the absence of any agreed terms that specifically continue past the age of 18 (such as an agreement to share health insurance costs to a certain age, college tuition, etc.), then the obligations end at 18 insofar as your child goes. A lawyer would have to review... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Maryland on
Q: How can I petition terminating guardianship of a minor who was previously a foster child with DSS?

The child was a former foster child and we were granted guardianship of the child. However the child has become extremely unsafe, has several mental health challenges and it's become way more than what we can offer to support them. Where would we go to petition the court, the juvenile court... Read more »

Mark Oakley
Mark Oakley
answered on Sep 17, 2022

You file in the Circuit Court for the county (or City of Baltimore) where you and the child currently resides. However, if the child is no longer under the jurisdiction of the Juvenile Court because he has reached the age of majority (18-21 years old) and has not otherwise been declared mentally... Read more »

1 Answer | Asked in Family Law, Child Custody, Criminal Law and Employment Law for Maryland on
Q: If person charged is an educator will this be on criminal record to impact employment or custody if no previous charges?
Scott Scherr
Scott Scherr
answered on Aug 20, 2022

Any criminal charges will show up on a background check and Maryland Judiciary Case Search. It certainly could affect your employment if you are convicted depending on the charge. You should speak with a lawyer.

1 Answer | Asked in Child Support and Family Law for Maryland on
Q: My ex has sole custody of our daughter. I am on SSDI. The child support administration ordered me to pay 120.00 a month

Adding in 30.00 extra dollars for arrears. They also ordered me to contact Social Security to add her for auxiliary benefits. Between the 150 a month and half of my benefits comes to a total of 700.00 a month. At the hearing for child support, no financial statements were asked from either of us.... Read more »

Mark Oakley
Mark Oakley
answered on Aug 18, 2022

You need a lawyer to review the situation. It is not possible to answer your question with a better picture of the financials. If you cannot afford a lawyer, contact Maryland Legal Aid, website here:

https://www.mdlab.org/contact-us/

They have an office serving the lower Eastern...
Read more »

1 Answer | Asked in Criminal Law and Family Law for Maryland on
Q: Do anyone have a Maryland Subpoena Form?
Mark Oakley
Mark Oakley
answered on Jul 20, 2022

Self-represented litigants must obtain the paper form of the subpoena from the clerk’s office of the court where the case is pending.

https://www.courts.state.md.us/courtforms/uniformsubpoena

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: I have a child support order (never married to my child's mother) and am currently in arrears for court ordered

expenses apparently incurred 11 years ago. Is the statute of limitations to reduce the arrears to a judgment 12 years or is it 3 years like a contempt action?

Mark Oakley
Mark Oakley
answered on Jul 2, 2022

12 years for a court order/judgment.

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: I recently discovered I have a son. I would like to establish a relationship and be on the birth certificate.

I recently discovered through a DNA test that I have a son. His mother was married at the time to a real jerk of a man but was afraid to get a divorce. She told me she got an abortion and we broke things off. I lived the last 14 years not knowing she went ahead with the birth. My son was born in... Read more »

Mark Oakley
Mark Oakley
answered on Jul 2, 2022

You can file a petition to establish paternity. You say you're doing this for your son, but are you are really doing this for yourself? Your son has no idea that you exist or that the man he knows as his father is not his biological father. Have you considered the potential harm and... Read more »

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: I live in maryland. My wife and I own a house equally. She’s pregnant with another man’s child, she wants a divorce.

I live in the state of maryland. My life went from perfect to miserable within months.

At the beginning of the year I was happily married with 2 beautiful kids in a new home equally owned between my wife and I. Fast forward to today my wife has moved in her boyfriend, she’s now pregnant... Read more »

Mark Oakley
Mark Oakley
answered on Jun 15, 2022

Asking questions is smart, but you will not get the answers you need this way. You need to retain an experienced divorce lawyer. Property division, child custody, child support, alimony and divorce in your situation will require a comprehensive sit-down and discussion, and the various options and... Read more »

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Maryland on
Q: How to transfer a deed in puerto rico notarized in Pennsylvania
Richard Sternberg
Richard Sternberg
answered on Jun 12, 2022

You need to consult a Puerto Rican lawyer of title agent. While the notarial seal of another US jurisdiction is likely to be honored, the jurisdiction where the land lies will have transfer rules, filing requirements, and tax protocols to follow.

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: I live in Maryland. I receive a pension from my former job. Is my husband entitled to my pension?

We are not separated or divorced. I would like to know by law am I obligated to give him half of my pension in the state of maryland?

Mark Oakley
Mark Oakley
answered on Jun 10, 2022

Until a court orders you to give him any, NO. However, in the event a divorce case reaches trial before a Maryland judge, one of the issues a judge resolves is how to divide marital property in an "equitable" manner. Marital property includes pensions, to the extent you contributed and... Read more »

1 Answer | Asked in Contracts and Family Law for Maryland on
Q: Am I responsible for paying a loan that’s not in my name but being used to pay my daughters college balance?

Daughters mother took a loan out to pay daughter college. Never asked or consulted me. There’s nothing in our paperwork saying I’m responsible to pay her college. Now her mother wants me to pay the loan.

Mark Oakley
Mark Oakley
answered on Jun 8, 2022

(1) Are you married to your daughter's mother?

(2) Are you divorced from your daughter's mother?

(3) Is there a marital separation agreement or any other type of signed agreement bewteen the two of you that provides for payment of college tuition, and if so, what exactly...
Read more »

2 Answers | Asked in Criminal Law and Family Law for Maryland on
Q: What happens filing a protected order with the commissioner?
Scott Scherr
Scott Scherr
answered on Jun 6, 2022

The Commissioner will decide if there are sufficient grounds to enter an interim protective order. The case will then be scheduled for a temporary protective order in front of a judge. After taking testimony, the judge will decide if there are sufficient ground for a temporary protective order. If... Read more »

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1 Answer | Asked in Divorce and Family Law for Maryland on
Q: If both wife support and alimony specified in a divorce agreement, which one takes effect?

An agreement has "wife support" section stating a monthly payment to wife while in the same agreement document, the "alimony" section says alimony is waived. Based on the document flow, the alimony section comes after wife support section will override the wife support section... Read more »

Mark Oakley
Mark Oakley
answered on May 22, 2022

You will need to take your agreement to a lawyer to review. It is not possible to construe the terms based on your summary description. There can be support and maintenance payments by agreement that are not treated as alimony. Alimony has a distinct meaning and set of legal rules that apply to it,... Read more »

1 Answer | Asked in Contracts, Estate Planning and Family Law for Maryland on
Q: How do I revoke or modify power of attorney? Must the current agent(s) sign or be notified of the new PoA terms?

I'm 23 years old, and my parents have power of attorney over me - I agreed to it at the time, they presented it in a way that seemed reasonable and I didn't realize THAT'S CRAZY. They have both the medical kind (HIPAA permission?) and durable PoA for non-medical stuff.

I... Read more »

Mark Oakley
Mark Oakley
answered on May 22, 2022

You can revoke at any time in writing. Ideally, you simply create a new POA that revokes all prior POAs. You should send written notice to whomever is named agent under your POA being revoked. That way, if they attempt to act, they are doing so knowing their authority or revoked, which makes them... Read more »

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Civil Litigation for Maryland on
Q: How can I get receipts

MOM has Alzhiemers. Sister and her Daughter are ones that take care of her.They tell us what they want us to know. They don't show any receipts, paperwork or proof of what they claim they do. Nothing is discussed with our Sister or Myself before Sister makes Decisions. Such things as... Read more »

Mark Oakley
Mark Oakley
answered on May 21, 2022

Any Maryland lawyer can answer your question. If you are looking to hire a lawyer from Baltimore, that is a different issue. The first question any lawyer would have for you is, does anyone (e.g., your sister) have a power of attorney executed by your mother appointing them as your mother's... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Cannabis & Marijuana Law for Maryland on
Q: My uncle is the executor of my parents will she is refusing to give me my trust and won't contact me

She is the executor of the will saying he will donate and not give to me I really need help and I really need help getting my trust cuz my uncle is trying to keep it from me and I don't know what to do

Richard Sternberg
Richard Sternberg
answered on May 8, 2022

There is no reasonable way to evaluate your position without reviewing the trust document to determine the trust instructions and, potentially, formation issues and breaches of fiduciary duties. Schedule a consult with a qualified lawyer.

1 Answer | Asked in Family Law for Maryland on
Q: What do I do if I need to sue someone or something but my parents do not support me?
Mark Oakley
Mark Oakley
answered on May 6, 2022

If you are a minor (under 18), then you lack legal capacity to sue in your own name, but require a legal guardian like a parent. If you are close to 18, you can just wait out your 18th birthday. The statute of limitations for filing a lawsuit on a cause of action that accrues before you turn 18,... Read more »

1 Answer | Asked in Family Law and Elder Law for Maryland on
Q: My sister is a personal guardian appointed by the court for an elderly with dementia- however she is also advancing age

She wants to be relieved from the guardianship - how do you go about it?

Mark Oakley
Mark Oakley
answered on Apr 26, 2022

She files a petition to resign, preferably simultaneously with another appropriate person petitioning to take her place, with the agreement of all other "interested persons" entitled to act as guardian under the statute. If there is no such person, then the court will have to appoint... Read more »

2 Answers | Asked in Divorce and Family Law for Maryland on
Q: what evidence is required to disprove that a verbal threat was made

I'm in the process of applying for a divorce. My wife received a temporary protective order against me based on her false statement that i threatened her life on three separate occassions. At the court proceedings the judge issued a 12 month permanent order based on my wife's statement.

Mark Oakley
Mark Oakley
answered on Apr 4, 2022

You do not state whether this was a separate court case from the divorce proceeding (e.g., a Petition for Protection from Domestic Violence under its own case number) or whether this 12 month protective order was issued in the divorce action under the divorce case number. The process you would... Read more »

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