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.
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 
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
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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
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.
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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
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.
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... View More
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.
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answered on Nov 22, 2023
It depends on where you live. If Maryland is a community property state, then you are both equally liable on all debts incurred during the marriage, regardless of whose name is on the contract. Although a post-nuptial agreement or divorce decree can assign responsibility to one spouse or the other... View More
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.
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answered on Nov 27, 2023
In Maryland, a postnuptial agreement or a divorce decree can define financial responsibilities and liabilities between spouses, including those related to debts. If properly drafted and executed, these agreements can clarify that your wife is not responsible for your debts incurred after the... View More
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?
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
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?
answered on Nov 8, 2023
Yes, one would generally want to update the deed itself to preserve rights in the property. Otherwise if the spouse owning property predeceases the property would go through their probate estate and then it would require asserting claims against the estate. Doing nothing to outline the rights now... View More
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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... View More
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
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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
The licensed provider did not require a contract however just the required forms to be completed for state regulation. However there are emails and text messages showing the business relationship for an 8 month period.
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answered on Sep 14, 2023
If the daycare provider is refusing to provide a receipt, you can take the following steps:
1. Communicate Clearly: Send a polite and formal written request, preferably via email or text message, asking for the receipt. Mention any relevant details like the dates of service and payment... View More
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answered on Aug 16, 2023
In situations like this, it's important to consider the best interests of both you and your baby. While laws vary by jurisdiction, generally speaking, being pregnant at 16 does not automatically affect your legal custody of your child. However, your situation might be influenced by factors... View More
I’m the defendant. The plaintiff was granted motion to compel documents from me. They also requested sanction, asking that I pay his attorney fees. If I turn the documents in the time the they request (5 days), can I still be sanctioned?
answered on Aug 4, 2023
I see you're in Prince George's County. Although I'm a [Baltimore County child custody lawyer](https://www.ostendorflaw.com/practice_areas/maryland-child-custody-lawyer.php), the same principles would apply in your jurisdiction as we are discussing Maryland law generally.... View More
I was compelled to meet in a zoom meeting for mediation for child support in CA. But I already initiated a complaint for divorce, child support and custody in Maryland. Do I have to attend it? what is going to happen with the action in Maryland?
answered on Jul 12, 2023
You need a lawyer to review the jurisdictional issues. The Uniform Child Custody Jurisdiction and Enforcement Act has been codified in both CA and MD (and every other state, I believe) and there must be a hearing first to determine which state court will hear the case and exercise jurisdiction... View More
State whether you have had sexual relations with a person other than your spouse since the date of your marriage, and if your answer is in the affirmative, state the name and address of each person with whom you have had sexual relations, the date of each such activity, the location and address... View More
answered on Jul 8, 2023
If the answer is "No," simply answer "No." If the truthful answer is "yes," then you decline to answer on the grounds that your answer would tend to incriminate you, and you assert your right to remain silent under the Maryland and US Constitutions. Acts that meet the... View More
Collections. We lived together for 6 years and were in the process of getting married. She was caught in infidelity. We separated and now I have been sent to collections due to her not paying a bill that was agreed that she would pay.
answered on Jul 6, 2023
If the bill is in your name, you owe it and claiming someone else agreed to pay it is no defense. However, if there is an agreement that she pay this bill, then you can sue her for breach of the agreement to recoup what you paid on her behalf. Oral agreements are as binding as written ones; it’s... View More
I filed for divorce in Pennsylvania. My ex and i lived there during the marriage. We separated, i moved to Maryland and filed for divorce in Pennsylvania My spouse claimed she wasn't properly served. My attorney sent the divorce papers certified mail. My ex responded, we signed a marital... View More
answered on Jul 2, 2023
Who cares where you get divorced? You have a signed separation and property settlement agreement which I assume resolves all issues between you, so why expend time and money arguing over which court to get the divorce judgment from? If both parties voluntarily participate in one of the divorce... View More
He lives in MD, I live in CA. I'm passing for his airfare to come out per the agreement. She's expecting me to travel with him to take him back. I'll need that money for food and other expenses during his visit. The agreement was processed through a Maryland court so I'm sure it... View More
answered on Jul 2, 2023
If your child support order does not already include a waiver of child support while your child is with you exclusively for a month or whatever period of time you have him, then no, you cannot unilaterally withhold child support or take it to defray your costs. Only another court order modifying... View More
It has already been appealed but the majority of the evidence found after the fact.
answered on Jul 1, 2023
An appeal from the circuit court goes first to the Appellate Court of Maryland (formerly called Court of Special Appeals). Although the Supreme Court of Maryland (formerly the Court of Appeals) has the discretion to take jurisdiction over an appeal pending before the Appellate Court, it rarely does... View More
My question can I have her buy me out so I no longer have any financial obligation. What is the best method for this? My thought was to get the house appraised then sell it to her. She would get a discount since half the equity is hers. So I would sell the house to her for (current balance) +... View More
answered on Jun 9, 2023
This happens in divorces all the time, with one spouse buying the other out by refinancing the property in their own name for enough money to both pay off the existing mortgage and pay the buyout amount to the other spouse. Typically you would enter into a written agreement regarding the... View More
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