Dawn Renee Gould's answer No attorney can guarantee what a court will do. Custody involves many factors and it also depends upon what is testified to at trial by you, him, and witnesses, if there is a trial. Much more information would be needed to assess the probability of you getting court ordered physical and legal custody. You may also try to resolve it through agreement rather than litigation. An attorney can draft a custody agreement and see if he signs it, then file it with the court. But again, too many...
Dawn Renee Gould's answer Yes. You can file a motion to modify child support but be prepared to prove with evidence that the child is no longer staying the requisite overnights. As a cautionary measure, I would also file a motion to modify custody. The courts may very well not modify child support until the custody is finalized, additionally, you wouldn't an order for custody with joint custody if that's not what's occurring. Child support and custody are always modifiable and you need to prove that a material change...
Dawn Renee Gould's answer Not true. If the child is 18 and still enrolled in school, then yes, but once the child turns 19 your obligation stops. HOWEVER, if you have a court order to pay, it does not stop automatically, you should file a motion to terminate child support based on the fact that she is 19. If you have an agreement between the two of you and NOT a court order, then you pay according to your agreement, you can still file to set aside the agreement though.
Dawn Renee Gould's answer If a Judge didn't sign an Order, then you don't have an Order at all. If you signed an agreement with your ex, then whatever the agreement states, is what you need to abide by unless you file to strike the agreement. If you don't abide by it or even if he doesn't abide it, one or both of you can file contempt for violating the agreement. By law, both parents have a right to access medical and school records. Legal custody means the right to make decisions on the medical care, not the right...
Dawn Renee Gould's answer Typically, an Order of Default is granted in these types of scenarios but also the other parent may show up for the hearing, even though the other parent didn't file an Answer. Regardless, testimony will be taken a the hearing and the Judge will make a ruling based on the testimony and evidence.
Mark Oakley's answer You can always file to establish paternity, custody and child support against the biological father. It is possible to just file for child support by going to the Office of Child Support Enforcement in your county (or City of Baltimore), but you will need to have the name and current address of the father. That office can then transmit the case to the jurisdiction where the father lives to open a case there. These cross-state child support matters often involve the father being summonsed to...
Mark Oakley's answer Without an agreement, the courts calculate the child support amount according to a guidelines chart, based upon the combined gross monthly income of both parents. That gross income number determined the amount of money it takes per month for parents at that income level to raise the child(ren) (the more children, the greater the number). Then each parent is assigned their proportionate share of that number. The parent having primary physical custody does not pay their share to anyone, as...
Mark Oakley's answer The mother was the parent supporting your daughter all those years that your arrearage was accruing. That money belongs to her, not your daughter, to repay some part of the costs she incurred to make up for your failure to pay. She is the one out of pocket all those years, not your daughter.
Elizabeth Pugliese's answer What you must split is the cost that is actually paid by the parents. In other words, the remainder due is split between you both 67/33. While she should be applauded for her initiative in getting the reduced cost, there is still a remainder to be paid. That is both parents' responsibility.
Mark Oakley's answer If he’s not legally obligated to pay you past the 18th birthday, and does not do so as an intentional gift to you, then he can sue you to recover amounts mistakenly paid to you. I suggest you put that extra money in a savings account and simply hold it. He can sue you for up to three years after each mistaken payment is made to recover it. After three years the statute of limitations bars recovery.
Elizabeth Pugliese's answer You need to attach what is called Child Support Guidelines that show the amount that Maryland thinks you should be paying. If you are paying less than that, you must provide a good reason (other than this is what we agreed) why you are paying less. If you are paying more than the guidelines amount, no need for an explanation.
Elizabeth Pugliese's answer If he is physically and mentally capable of working the court will impute income to him for purposes of child support. He will owe it whether he is working or not. If he does not pay, his driver's license will be suspended.
Elizabeth Pugliese's answer Unfortunately no. Once a divorce is final, you cannot go back and ask for alimony or any property division. Only custody and child support are modifiable.
If everyone has been following the agreement for four years and receiving the benefits of it, the court is not going to throw it out -- short of proving fraud at the time of creation. Not being in the right emotional state is not fraud.
Elizabeth Pugliese's answer If there is a court order in effect, you must continue to follow the Order. However, if your daughter is actually living with you, you need to go to court and get that order modified so that you can stop paying child support.
Elizabeth Pugliese's answer All of the support provided to him by his mother can be considered income. Also if he is physically capable of working but does not, the court can impute income to him. You will need an attorney to help you pursue him for child support.
Elizabeth Pugliese's answer The law in Maryland is that BOTH parents are financially responsible for the support of the children. You will not be allowed to sign away your rights because it is also the law that children have two parents. If you choose not to see the child, that is your decision. But you will still be expected to pay child support.
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