Lawyers, Answer Questions  & Get Points Log In
Maryland Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Support for Maryland on
Q: Can my child's father send me money (memo:"child support") through Zelle, when we don't have an agreement yet?

My husband left in August. Since, he left he sends the same amount of money he used to for the mortgage of our house. Therefore, he hasn't really send money for child support. I have realized that when he sends money through Zelle (direct deposit to my account through the phone), it comes with... Read more »

Mark Oakley
Mark Oakley answered on Dec 3, 2020

What your husband calls his payment is not determinative. Your husband may be ordered by a divorce court to pay other forms of support in addition to child support, such as alimony, health insurance, and household maintenance and support. You should not be limiting your court action to a request... Read more »

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: Can mother refuse to let child attend family wedding she agreed to let her attend in writing?

Have custody agreement in place with vacations being agreed to in writing at least 2 weeks in advance. Mother has decided she does not want to let daughter go to family wedding in the same state even though she agreed in writing months ago. My daughter is to be in the wedding.

Bennett James Wills
Bennett James Wills answered on Dec 1, 2020

If the custody order provides for what you have described then then the mother may be in contempt/violation of the order. Consult local counsel to determine your options.

1 Answer | Asked in Family Law, Divorce and Child Custody for Maryland on
Q: Can you file a restraining order in different state if the defendant keeps moving from state to state?

There is a protective order against my wife from Maryland to not have any contact with our minor child. She ran to California with the child. Can I file for another restraining order in California since she live there physically now? Can I file for temporary emergency custody out of California... Read more »

Bennett James Wills
Bennett James Wills answered on Dec 1, 2020

You should consult with a California attorney. But typically, under the full faith and credit clause of the US Constitution, CA law enforcement would recognize and protective order from Maryland. Consider contacting CA law enforcement as well where the wife resides currently.

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: What do if I do if my children's father will not answer my calls to see the children when it's court ordered?

I have 50/50 legal joint with the father as well as 3 weekends a month and he has primary residencial. He is not answering my calls or texts so I can make arrangements to pick up the children. This is court ordered. What can I do?

Elizabeth Pugliese
Elizabeth Pugliese answered on Nov 30, 2020

The court orderr should state when access occurs and where pick up is so you should not have to make arrangements. You should show up at the right time and place. If it does not, you are still supposed to have your access. If the father is not allowing it, you can file contempt with the... Read more »

1 Answer | Asked in Appeals / Appellate Law, Divorce, Family Law and Child Custody for Maryland on
Q: I lost a case in Maryland District Court, how long do I have to file an appeal for De Novo hearing in circuit court?

I want to file for an appeal of civil case I lost in the District Court in Maryland. I would like to please know how many days do I have before filling for an appeal to get a De Novo hearing in the circuit court?

Mark Oakley
Mark Oakley answered on Nov 28, 2020

You have 30 days to file an appeal in a civil case to the Circuit Court. The only appeals that result in a de novo trial are small claims proceedings (claims filed requesting $5,000 or less in District Court), or petitions for peace orders, or domestic violence petitions. Civil claims seeking more... Read more »

1 Answer | Asked in Appeals / Appellate Law, Divorce, Family Law and Child Custody for Maryland on
Q: I lost a case in Maryland District Court, how long do I have to file an appeal for De Novo hearing in circuit court?

I want to file for an appeal of civil case I lost in the District Court in Maryland. I would like to please know how many days do I have before filling for an appeal to get a De Novo hearing in the circuit court?

Charles William Michaels
Charles William Michaels answered on Nov 28, 2020

A party has generally 30 days from the final judgment to appeal. If in the District Court the appeal goes to the Circuit Court.

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: My ex was tested for covid our son is suppose to be with him this weekend. Can I keep him if his results aren't back

If the results are negative I will gladly send him there but if they aren't back or are positive can I get in trouble for keeping him home when it is his weekend. He insists that he is pick him up regardless. I have already had him my weekend this month so I can't just trade weekends with him

Elizabeth Pugliese
Elizabeth Pugliese answered on Nov 26, 2020

Tallk to your ex. See if you can switch weekends or make it up later. You have to follow the court order but you can work out an arrangement if you both agree.

1 Answer | Asked in Child Support, Divorce and Family Law for Maryland on
Q: Which percentage of the extraordinary medical expenses do I pay since my child support order has recently changed?

I was paying 73% of the extraordinary medical expenses for my kids. On 2 November it was lowered by the court to 54%. My ex sent me a bill on 5 November for September and October medical expenses and said I owed 73% since that was what the percentage was in September and October before it was... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Nov 21, 2020

73%. Look at this way, do you want to be the parent who argues over needed medical treatment for the child and who pays it? If you wind up paying more than you think you "should" focus on the fact your child needed care.

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: My exwife' sincome increased by $43K from the previous year. Do I have a case to have my child support revised?

Our original agreement was to review income every year and adjust but since she has had an increase of $43K from the previous year she does not believe that we should use last years income but a projection of what she will make.

Mark Oakley
Mark Oakley answered on Nov 16, 2020

Of course you have a basis, as it is stated in the agreement you both negotiated, signed and bound yourselves to follow. Have a lawyer run the guidelines based on the new income figures, send a demand over to adjust the amount, and if there is a court order currently in effect setting forth the... Read more »

2 Answers | Asked in Family Law for Maryland on
Q: my brother live in nyc his girlfriend on Sunday served him with papers from MD herself that he was order $300

he was never served with original court papers so how can he have to pay child support if he never knew he had to go to court in the first place so how did she serve him to let him know that had to go to court how was she granted child support if he never knew because I know in New York you have... Read more »

Howard E. Knispel
Howard E. Knispel answered on Oct 21, 2020

I assume MD means Maryland. You need to find an attorney in MD to find out how to open up a default.

View More Answers

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: Is allowing my son's father to come to our home to visit my son considered keeping him away

I am the custodial parent . I allowed my son to go to his fathers for most weekends but I later find out that my son is being left with his fathers mother or grandmother so he can go out and party . They have traffic in and out of their house and improper heating/air . I don't feel safe with... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Oct 8, 2020

It depends on the custody order in place. Please consult with an attorney.

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Does the father have the right to know the custodial parent address if they are paying child support?

Can the court force the mother to provide the address to where the children live?

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Oct 8, 2020

Without additional facts, it is difficult to answer this question. If there is an address shield in place or a protective order you may be able to restrict access to address. Please consult with an attorney to discuss.

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: Whats the next step?

I filed for a child support modification recently and the other parent just put in the written response to it.

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Oct 8, 2020

Wait for the court to contact you to set up a scheduling conference, which is a conference where you set up dates to get things done. It is advisable that you consult with an attorney to assess whether assistance of counsel is necessary.

1 Answer | Asked in Family Law for Maryland on
Q: My sons father is trying to tell me where I can and can't live, can he do that?

We haven't gone to court yet, but he thinks he can tell me where I can live at. I currently don't have a license or a car yet, so he does the drop off and pick up (even though he is always late) We have an agreement now that is notarized showing that I have him 75% of the week.

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Oct 8, 2020

I highly suggest you contact and retain an attorney. It is a good idea that you obtain your own transportation and a license to drive. Good luck.

1 Answer | Asked in Family Law for Maryland on
Q: currently separated from my husband. He has a girlfriend. If has given her medical power of attorney do I have rights
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 6, 2020

People are free to designate whomever they want as their health care power of attorney, regardless of their marital status, and legally the named agent has authority to communicate with doctors, etc. Obviously it could be very awkward if a wife (or husband) names a paramour while still married,... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: I have an adult son, he's had 3 strokes & he's addicted to heroin. Can I get guardianship? Can I file n family law
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 2, 2020

The prevalence of addiction sadly leaves many families trying to figure out the best ways to support and help their loved ones. Maryland law has long recognized that chronic drunkenness or addiction to drugs can render someone unable to manage their own affairs and allows for adult guardianship in... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: How can I get the father off of my daughters birth certificate if I can't find him.

My ex husband faked an at home paternity test when my daughter was 3. I never questioned it since it was a way to get him out of our lives. He's had no contact with my daughter since. Now my daughter is 13 and wants to know for sure that he is her father and to have him removed for her birth... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 21, 2020

You are looking for advice on a very complicated matter that requires the assistance of counsel. I highly suggest you reach out to counsel in your county/city to discuss your options. Counsel can provide several mechanisms for locating him that you may not have at your disposal. And your case is... Read more »

2 Answers | Asked in Family Law and Elder Law for Maryland on
Q: My uncle is almost legally blind and my aunt has early onset Alzheimer’s but presents well, can their daughter get POA?
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 21, 2020

Unfortunately, that would not be a good idea and may create a whole host of problems down the line. You are better off petitioning the court for guardianship.

View More Answers

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: My daughter just turned 18 08/28/20. Due to COVID she will not go to college this semester can she still receive suppor

She plans on attending school when i go on mydhr it’s looks like the case has been closed. Was I to contact someone to let them know she does plan to attend. She has applied but not ready to take that risk

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 18, 2020

If you are referring to child support, that usually ends when the child graduates high school at 18/19 years old.

1 Answer | Asked in Family Law for Maryland on
Q: My fiance just died and I'm trying to get all the kids insurance and everything put in my name and I am on the birth can
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 18, 2020

I am truly sorry for your loss. Unfortunately, your question is cut off. I would suggest that you repost it.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.