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Maryland Questions & Answers

1 Answer | Asked in Child Support for Maryland on

Q: My son is 18 and just graduated high school. Is my ex obligated to continue to pay child support until he turns 19?

He will turn 19 Dec 13, 2019 so I'm trying to figure out in the State of Maryland does my ex still pay until he turns 19

Elizabeth Pugliese answered on Jun 18, 2019

It ends at 18 OR graduation from high school whichever is later. It does not last until the 19th birthday.

1 Answer | Asked in Child Support and Divorce for Maryland on

Q: I am separated and moving toward the divorce. I make substantially more money than my ex, but she only works part-time.

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?

Elizabeth Pugliese answered on Jun 18, 2019

Child support is based on actual income, not speculation of what someone thinks she could be making.

1 Answer | Asked in Banking, Business Formation, Business Law and Consumer Law for Maryland on

Q: Do I have a Maryland Consumer Loan license to lend a friend $6,000.00 and charge 14% interest for a four year term?

Bruce Alexander Minnick answered on Jun 18, 2019

Say what? How can anyone know whether you "have a Maryland Consumer Loan license" or not? And why do you not know?

1 Answer | Asked in Environmental and Real Estate Law for Maryland on

Q: Is there a difference between water quality inspection and a well inspection?

Trying to figure this out in a home contract... a realtor is trying to tell me there isn't, but I think there is. I just want to rectify the issue before any contract is signed and legal issues develop

Richard Sternberg answered on Jun 14, 2019

When in doubt, include it twice, such as "water quality inspection including but not limited to well inspection".

1 Answer | Asked in Contracts and Collections for Maryland on

Q: Is it legal to garnish my pay check for a broken lease that I signed in 2003, now in 2019?

I signed a lease March 2003 for move in date April 2003 I wrote a letter stating I would not be moving in the appointment was still rented out that April to someone else. 2012 the rental company came after me for payment, then again I’m 2015 now I’m 2019 my check is being garnished for this... Read more »

Bruce Alexander Minnick answered on Jun 13, 2019

Unless you are omitting salient facts the answer is no. Challenge it.

1 Answer | Asked in Family Law and Child Custody for Maryland on

Q: What right do a Noncustodial parent have when it’s no Custody/Visitation order in place

Mom and child are maryland residents. Dad lives in Philadelphia. Mom is the only one on the birth certificate but dad did Establish paternity. We have been to court but the case was dismissed without prejudice because dad didn’t show up. So now I’m face with boundaries being cross confuses as... Read more »

Elizabeth Pugliese answered on Jun 13, 2019

Unless there is an order specifying otherwise, both parents have equal rights to have the care of the child and to make decisions about the child.

2 Answers | Asked in Real Estate Law and Construction Law for Maryland on

Q: Is there a Maryland law that indicates home sellers must cover cost to fix septic or well?

if they don't pass inspection? or are these addendum's that are put into an offer?

Thomas C. Valkenet answered on Jun 13, 2019

This is a negotiated item. The standard Board of Realtors contracts have contingencies for buyer's inspections of these items. If the inspections fail, there is a negotiation over repairs, who pays, price reduction, etc. There is a point where the buyer may elect to cancel the deal if the item is... Read more »

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1 Answer | Asked in Immigration Law for Maryland on

Q: I am hoping to get married to my fiance in Honduras and I do not know how to file for a certificate of single status.

I am hoping to get married to my fiance in Honduras. He is a Honduran citizen and I am a US citizen, but we have been together for two years (I used to live in Honduras for two years). I looked into the requirements and know that I need to meet the following requirements: "Must provide a Single... Read more »

Dayna Lally answered on Jun 13, 2019

You could file a Form I-129F, Petition for Alien Fiance, and marry him here in the United States within 90 days of his entry. For marriage information in Honduras, I suggest that you contact the U.S. Embassy in Honduras.

1 Answer | Asked in Car Accidents and Consumer Law for Maryland on

Q: Hi, Is a manufacturer dealership responsible to inform me of any recalls when I’ve taken my car there for repairs

I take my car to the manufacturers dealership for repairs and services

Peter N. Munsing answered on Jun 12, 2019

They should but it's really the manufacturer itself who should be sending you the information.

1 Answer | Asked in Elder Law for Maryland on

Q: My husband and I currently live in Maryland - and are planning to move to Alabama within the next few months -

will Alabama accept our Maryland prepared will/trust/healthcare documents?

Mark Oakley answered on Jun 11, 2019

Yes. All wills and POAs are valid in any state you move to so long as they were valid under the law of the state where they were made. One caveat: some states have statutory provisions which govern the enforceability of a POA in given circumstances, such as Maryland, which if drafted with certain... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on

Q: I have a landlord tenant question regarding security deposits?

The Original tenant gave a security deposit of $5000 to rent our home. The original tenant and his girlfriend signed a renewal lease (month to month) the next year. The girlfriend is now trying to sue us to get the deposit back since we missed the 45 day deadline after they moved out. Does she... Read more »

Mark Oakley answered on Jun 11, 2019

No. She would have had to be on the lease, and by your description, she was not, and she did not pay the deposit. However, if the renewal lease stated that the security deposit will be applied to the renewal lease and the tenants (with her being named as a tenant) retain all rights to the... Read more »

1 Answer | Asked in Criminal Law for Maryland on

Q: My martial privilege has been invoked. There is another charge were I have to testify. What are my options? Maryland

Mark Oakley answered on Jun 11, 2019

You only get to exercise the privilege once when the crime victim is your spouse. Otherwise, in situations where the spouses are not crime-defendant and crime-victim, but are either (1) crime-defendant and crime-witness or (2) a party in a civil case and a non-party witness, the spousal privilege... Read more »

1 Answer | Asked in Business Formation, Business Law and Contracts for Maryland on

Q: Can I force a partner out of a partnership LLC with no operations agreement, for not putting in enough time?

We are a cabinet manufacturer. We are attempting to be a women owned business that was created last year. We have not sold any work as of yet. We do have equipment we are paying for. The shop is located on my property, and everything is in my name. If I am not able to force them out, can I... Read more »

Mark Oakley answered on Jun 11, 2019

You can withdraw from the company, boot it out of your home, and demand liquidation of the assets, and either pay your co-owner their fair share of the costs they expended on the equipment, or otherwise buy out out the equipment. Meantime, start a new LLC and begin cabinet making under a new... Read more »

1 Answer | Asked in Traffic Tickets for Maryland on

Q: Statue of limitation of points application for tickets in MD? State trying to give points from 20 yr old tickets I paid.

I came back to the states and applied for a DL however, I found my information had been used fraudulently and tickets acquired. I paid the tickets to clear the record and get a DL. Now 6 months after having a legal DL MVA is coming after me to revoke my license because of those 20 year old tickets... Read more »

Mark Oakley answered on Jun 11, 2019

Yes, they can do this. You MUST request a hearing within the time frame provided in the notice of revocation, and pay the fee. At the hearing, you can explain everything, and provide whatever proof you have that the tickets were not yours. The ALJ does not have to revoke you or even suspend you,... Read more »

1 Answer | Asked in Traffic Tickets for Maryland on

Q: Should I go to court for a following to close citation?

I received a citation for TA - 21-310(a) Driver of motor vehicle following vehicle closer than reasonable and prudent on I-95 in the #3 lane (fast lane) at 63 - 65 miles per hour. Weather clear, traffic moderate, no accident, no additional citation. When asked why I was following so close I... Read more »

Mark Oakley answered on Jun 10, 2019

It’s a one point offense. Points stay on your driving record for two years from the date of the violation, but only if you pay the fine or go to trial and are convicted. If you request a trial, the officer may not show and you’ll be found not guilty; or, if found guilty, you can ask the judge... Read more »

1 Answer | Asked in Immigration Law for Maryland on

Q: my sibbling has approved I-130 and overstayed in USA. Will she get the immigrant visa?

1) She entered USA legally

2) She overstayed for more than 10 years.

3) She cannot applied for adjustment of status as she didn't file the case before April 30, 2001 and didn't enter the USA before December 31, 2000.

4) she cannot file form 601A as she doesn't have a... Read more »

Kevin L Dixler answered on Jun 9, 2019

More information is needed. How long has she overstayed, to date? Have you checked the priority date for her designated citizenship or citizenships? What is the nationality of her spouse?

I strongly recommend an appointment or teleconference with a competent and experienced immigration...
Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on

Q: I am landlord in maryland. could I evict the tenants and their furnitures if they don't move out at termination date?

the new tenant will move in next day

Joseph D. Allen answered on Jun 6, 2019

"Self-help" evictions are frowned upon in Maryland, and risky for landlords. You do not say whether you have a reasonable belief that the tenants will not move out at termination, but if you do have good reasons to think that (such as because the tenants said as much), you might be able to... Read more »

1 Answer | Asked in Civil Litigation for Maryland on

Q: My ex-husband name was remove from the deed but still on the mortgage. Do I need him to sell, and do he get any proceeds

He has not lived in the home since 2011, and I have been paying the mortgage and all household obligation. I've tried to talk with him to get him to sign the paperwork for me to assume the loan, but he has not followed through, nor will he sit down and talk with me about the sale. How do I proceed... Read more »

Mark Oakley answered on Jun 4, 2019

You say he is your ex-husband, meaning you are divorced? And his name is already off the deed, so you are the sole owner named on the deed to the property? In that case you do not need him at all. Never call him again. The only signature needed to sell the house or to refinance the loan (if you... Read more »

Q: After you have fulfilled all parts of a plea agreement on time, does the state have the right to breach this deal?

Promised early expungement, but new States Attorney doesn't want to grant. Plea deal was reached in Harford Circuit Court, and all components of deal were met in full and on time with no additional problems.

Mark Oakley answered on Jun 3, 2019

If you can prove the terms of the plea deal to specifically include early expungement (which all the state can do is agree not to object to it, or consent to the request, because it is up to the judge to grant such a request), then yes, you can enforce the plea agreement and block the State from... Read more »

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