Emancipation is a very personal thing and should not be taken lightly. There are certain barriers to emancipation such as the need to have a prior child custody case. If you are being abused and/or neglected and you are a minor, it is a good idea to reach out to your local Department of Social...Read more »
The question is not one of fraud, but of ethics and bias, or the appearance of bias, which would require the judge to recuse themselves. Such decisions are left to the judge, but a party may raise the issue by motion, asking the judge to recuse themselves. The party doing so has to weigh the risk...Read more »
If there's a court order directing payment of child support, it remains in place until one of the parents files a motion to modify it, based on a change of circumstances. So, unless that happens, and the court makes a modification based on the motion, then nothing changes. If the other...Read more »
I want to be able to use audio recordings as evidence in my case against my family whenever I get the chance to get them to court. I'm not sure if what I collected is illegal due to the fact that the people in the recordings did not know that I was going to record it.
We separated 8 years ago we came to the agreement that I can see my daughter every other weekend or as much as I asked and I would give her $500 a month I sometimes gave cash , money orders , and recently online payments to her account she is saying she is going to put me on child support and claim... Read more »
She can get child support accounting from the date she files a petition for custody and support in court, so at any hearing the judge can award support going back to the date she filed. If there is a written agreement, or she can cobble together enough proof of an agreement, that you were to pay...Read more »
Been paying for over 20 years and she or children have received nothing not only that the children lived with me in Md I have school records. I have been labeled a dead beat dad and driver's license suspended forover25 years
The assumption based on the limited facts provided is that there was an order for child support issued in Maine at some point if time, and you did not pay. Eventually arrears accumulated and the amount owed was reduced to a monetary judgment. That judgment has likely been earning interest from...Read more »
There's no law against it. In a custody dispute between two parents, such an arrangement (among many other factors) may be considered in deciding which parent can provide the best home environment to their children. Your question has too few facts to place it into any legal context. In poor...Read more »
Depends on the original source of the money, and when your name was put on the account. I assume your father needs to qualify for Medicaid to pay the nursing home care, and to do so Medicaid requires that your father use his own assets until he has paid down to the level necessary to receive...Read more »
Her father is absent. Has been all her life but is on her birth certificate. Therefore it looks like we need his approval. Is there something I can do legally to obtain my child’s passport without him?
This is a bit complicated. Generally speaking, the only persons absolutely entitled to visitation/access are the parents of the child, but if one or both parents are out of the picture (deceased, in jail, mentally incapacitated, or abandoned the child, etc.), then typically grandparents or...Read more »
Assuming he has the child for less than 92 overnight visits per year, and assuming you are not imputed income based on an ability to work but a voluntary choice not to pursue a job, and without adding in the cost of healthcare coverage for your child or other extraordinary child-related expenses,...Read more »
I have a PL order that grants me sole legal and residential custody but the custodial time given to my spouse is very liberal. It also contradicts the fact that I am the one with sole legal custody. The order states that our daughter will participate in extracurricular activities and gives him the... Read more »
A pendente lite order is a temporary order that, generally, remains in effect until the actual trial. I suspect that you have an actual trial scheduled for June. If you feel that there is a sufficient reason for the court to reconsider the issue of custody after the pendente lite order but before...Read more »
Maryland abolished the causes of action known as breach of marriage and alienation of affections, and any similar action, three quarters of a century ago. The engagement ring must be returned if demanded, as that is considered a conditional gift, with the condition being going through with the...Read more »
That simple question calls for a very broad answer, because how Maryland family law will apply to your particular situation may depend on whether there is a marital settlement agreement, whether any such MSA has been incorporated into a court order, whether the non-custodial parent intends to take...Read more »
13 year old daughter lives with me in Maryland 10 months a year full time. Michigan denied me taking child tax credit for 3 years because I tool ex's 2019 year for filing. Judge "said" this in court hearing in October 2020 but there's no written order or judge's signature.... Read more »
You risk being held in contempt of court, fined, paying your ex wife’s attorneys fees, reimbursing her for the credit, incurring your own legal fees and costs traveling back for court, and jail. But if the principle is worth that much to you, feel free to thumb your nose at the judge. I cannot...Read more »
I tried to get mom to take the test but she refused because she was in another relationship. The child is 18 now and I want to take a test I’ve already purchased because if he’s my son I want to have a relationship with him. I’ve tried everything no luck. How can I legally get them to take the test?
You can't. He's an adult. If he chooses to take the test, then he will take the test. You cannot legally force him to take the test. You can ask him, and he can agree or refuse. That's pretty much all you can do.
I've had a minor in my care since she was two months. I believe her aunt have guardianship over her. Her aunt receive all of the benefits. She never gave us anything, and that was ok, and now she is ready to talk. She is now 14 years old, and her aunt wants to take her. She is very upset and... Read more »
You can immediately file a petition for custody as the "de facto parents" of the child, since you have exclusively raised her from an infant, and she has become emotionally attached to you as the only true parents in her life. You will need a lawyer for this, in family law, who is...Read more »
My brother and his wife had a child support agreement done while his adopted son (her biological son), lived with her full time. (13 year old boy). Since then, she has been passing him around and does NOT want him living with her and her new boyfriend. At the moment, he is living with his aunt, and... Read more »
I am currently separated and am looking for legal advice concerning my divorce. I am disabled, so my main concern is healthcare insurance. I am qualified for Medicare, but because I am only 52 the premiums for supplemental are extremely high. Because of my illness (Multiple Sclerosis) I see my... Read more »
Unfortunately, you will not be able to stay on your spouse's insurance after an absolute divorce. However, you would be able to retain your insurance under a limited divorce. Hope that helps. Good luck!!
House was legally auctioned off at tax sale and the plaintiff is in the process of foreclosing the right to redemption. Current owner (defendant) of the house has no mortgage; the deed is in their name alone. This house/owner has a child support lien on it by the State of Maryland for over $30,000... Read more »
Property tax liens tend to have super priority, meaning they stand first in line before most other kinds of liens. This means that in most cases, if proper notice is given, a tax sale foreclosure case wipes out the other liens and transfers the property free and clear of lesser liens....Read more »
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.