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Maryland Family Law Questions & Answers
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.... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: If a father of a child isn’t on the birth certificate in Maryland does he by law have to pay child support ?

Long story short the mother of the child didn’t know who the father was when she was pregnant and gave birth. She now has my significant other on child support and Denise him his rights to see his son. In a way it looks as if she doesn’t want the father to be part of the child’s life. She... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Jul 31, 2020

Whether or not he is on the birth certificate is irrelevant to his obligation to pay child support. If the child is his, he is legally obligated to support the child. If he would like a relationship with the child, he can file a custody matter where he asks for access. The mother cannot deny... Read more »

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... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: Arrears were adjusted without my knowledge over $20,000 is that allowed in the state of MD
Diana Valle
Diana Valle answered on Jul 16, 2020

You should have been notified. There should have been a filing with notice served to you. I do not practice in your state so I recommend that you speak to a local attorney.

1 Answer | Asked in Family Law for Maryland on
Q: How to get emancipated at 15 without a parent consent

My mom is verbally abuses me everyday and sometimes physically hits me with her cane. I want to move out as soon as possible I can’t wait until I’m 18. I already have a family member who will let me move in with them . I have already talked my mom about letting me move out and why she made it... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 6, 2020

"Emancipated" is different than a minor going to live under another adult's care. In most cases to be emancipated a minor must be fully independent and prove that they can financially and otherwise care for themselves. It would be unusual for a 15 year old to meet the standards... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Maryland on
Q: Meaning of “it is further ordered that the matter of child support be resolved upon the filing of appropriate pleading”

My ex wife and I have a signed Judgment of Absolute Divorce and now she treating to take down for child support and maybe full custody. We have a ordered of joint legal custody now and the original question with other orders in affect. I just want to know if she can file to change anything 2yrs... Read more »

Mark Oakley
Mark Oakley answered on Jul 6, 2020

The visitation schedule, child support, and legal custody can all be modified at any time upon one party filing a motion and supporting the change with evidence of a material change in circumstances from when the last court order was entered. If there was never a determination of the amount of... Read more »

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: Can eather parent take kids out of state while divorce is in process . no custody order in place yet .

We both have custody rite now we have equal time with them every week

Mark Oakley
Mark Oakley answered on Jun 24, 2020

Yes. Until there is an agreement or order issued, there is no legal restriction on either parent taking the children out of state for a vacation, trip or other temporary visit. However, if there is an active case pending, you cannot relocate the children's residence and then try to switch... Read more »

1 Answer | Asked in Family Law and Elder Law for Maryland on
Q: Can a Personal Representative act with the same powers as a Power of Attorney while the will-holder is still alive?

My mother has named me as her PR in her will. She has been deemed unable to make monetary decisions. We must sell her home to pay for assisted living but can't without a POA. We'd like to avoid the costs and time of applying for Guardianship. Will being her PR allow us to handle her... Read more »

Mark Oakley
Mark Oakley answered on Jun 18, 2020

NO. First of all, you are not her PR until a court appoints you to act as PR--which can only happen after your mother dies and you file the will to open her estate. A person named or nominated to act as PR in a will has no authority to do anything before the person dies. The PR only acts for the... Read more »

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 Family Law and Child Custody for Maryland on
Q: Non custodial parents refuse to provide his new address since Nov 2019, but still wants visit every other weekend.

My ex moved from is mom's house in Nov 2019, during is weekend with our 6 yr old daughter. Mom's address is on record in the court order. I found out he moved for my daughter (I had to buy her a phone because he was never home when I called to speak to her). I asked him about it and he... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Jun 4, 2020

First check the court order. Does it require that parents provide each other their address? If it does, you can file contempt.

Regardless of that step, you can file in court to modify the custody. You can cite as the reason for the change he moved. Then let the court sort it out...
Read more »

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 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.

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