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Maryland Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Support for Maryland on
Q: I pay child support in Maryland do I keep paying if he is still in high school? My decree states until age 18?

My decree says nothing about high school, I can’t find that verbiage anywhere it only states until 18 years of age. Thank you

Mark Oakley
Mark Oakley answered on Nov 29, 2019

The law is, child support continues until the later of turning 18 or completion of high school, but not later than age 19. The child must be enrolled in high school for completion of high school to come into play. So, a child turning 18 during 12th grade continues to be subject to payment of child... Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Maryland on
Q: Where can I find a lawyer that can assist me with writing a brie? I would like to know If I am able to sue?

Hello My name is Ms. Freeland, At the moment I am writing a letter to show cause of why my case should not be dismissed before 11-15-2019. My main concern is finding Assistant writing a brief by December 2, 2019. I am not looking for representation. My case is base on the CPS Indicated child abuse... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 17, 2019

Your question would best be handled by a family law practitioner in Maryland, but if you need a brief by December 2nd, time is of the essence. If you are seeking a brief writer, you could search online for legal brief writers. This is a very narrow area - there are attorneys who hold themselves out... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: Ex-wife refuses to get a home loan via settlement agreement. Need successful experience in a sale in lieu of partition.

This is what is written in the settlement agreement of April 25, 2018,

Defendant shall have 6 months to have the mortgage transferred out of Plaintiff's

name, and failure to do so shall result in the home being sold and the proceeds going

to the Defendant.

Mark Oakley
Mark Oakley answered on Oct 8, 2019

Hopefully your agreement also provides that the non-breaching party is entitled to an award of their reasonable attorney's fees and costs in the event court action is required to enforce its terms. But the agreement is pretty straight forward. if she does not respond to a lawyer's letter... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Maryland on
Q: Soon to be ex-husband threatening to create problems for me if I don't get an abortion

I have been in a very bad marriage from 5 years, it is not necessarily physically violent but it does get very violent and I have many times decided to quit but he always stops me. I am at last pregnant now and I do want to have the baby because I have a good job and supportive family however I no... Read more »

Mark Oakley
Mark Oakley answered on Sep 24, 2019

Leave this abusive relationship and go have your baby. File for custody and request child support. Call House of Ruth for advice and possibly representation or referral to pro bono or reduced fee legal representation.

1 Answer | Asked in Divorce, Family Law and Animal / Dog Law for Maryland on
Q: I recently left my abusive husband and got a protection order in which I get my dog but he won't give him up

I dont know what to do. The order says I get the dog but he wont give him back and when asked in court he said he give my dog away to his cousin to foster and wouldn't say who. I asked around and none of his cousin say they have him and this rest of the family won't tell me. Everyone is acting... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Sep 5, 2019

You file contempt with the court and ask that he be jailed for not turning over the dog. He can get out of jail by giving you the dog. It's a court order. Even if he gave the dog away, he is still required to get the dog back and give it to you.

1 Answer | Asked in Family Law for Maryland on
Q: How do I change baby’s name if I don’t know the fathers adress or phone number or contact information
Mark Oakley
Mark Oakley answered on Aug 8, 2019

You have to show a diligent effort to locate him, and that may require hiring a private detective to conduct at least a basic search of available public databases and skip trace, then provide a written statement listing the efforts, databases and results of the search. Then you attach that report... Read more »

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: Does release of any & all claims in a divorce decree pertain to only Family Law, or would it include contract and tort?
Mark Oakley
Mark Oakley answered on Aug 1, 2019

The specific provision containing the release would have to be reviewed, but generally, these releases are all-encompassing as of the date of the agreement containing the release, unless otherwise limited. Releases will not be construed to cover claims arising after the date of the release, but... Read more »

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: What legal actions can I take for sole custody of my child or joint ?

My childs father will not stick to the agreements we have and it is very difficult at times. I would like either full custody or a court ordered joint visitation. Not to mention he only wants to do “every other weekend”. His family does most of the work for him as far as picking my child up and... Read more »

Bennett James Wills
Bennett James Wills answered on Jul 31, 2019

Need more information. If you do not have a court order regarding custody and visitation than you should contact a local attorney to best determine your options. Court orders can be enforced better than informal agreements.

2 Answers | Asked in Family Law and Child Custody for Maryland on
Q: Pregnant stay at home mom.

My sister is a pregnant (7 months) stay at home mom of 3 girls (babygirl due in October). Her husband was caught cheating on the same day my sister told him she was pregnant. She’s had a part time job for the last year in efforts to transition back into the work force. Now she has a high risk... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Jul 30, 2019

The parent with more money is not a consideration. It is who actually cares for the children and is willing to care to for them. If he suddenly wants the kids when he only sees them when he asks while not providing any financial support, the court will likely realize this is about not paying... Read more »

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1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: What can I do to see my kids even when the mother says no

She doesn't have a stable home she does not work

Dawn Renee Gould
Dawn Renee Gould answered on Jul 29, 2019

Your question is very vague. Is there already a court order in place? Is there is a contractual agreement between you two? If there is not a court order, you need to file a complaint for access/visitation/custody. If there is a court order and she is violating it, you need to file contempt and... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: In Maryland can we do our own seperation agreement
Dawn Renee Gould
Dawn Renee Gould answered on Jul 29, 2019

You not only can do your own separation agreement but if it goes to court you can represent yourself. There are no laws requiring an attorney to draft anything or an attorney to represent you. However, keep in mind, if you do not seek legal advice on drafting it or do not have an attorney draft it... Read more »

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: Cancelling vacation schedule after confirming it?

The divorce settlement between my ex and I states she has one (summer) vacation week that she has to give 30 days notice to me for. A few weeks ago, she emailed the vacation week she will be taking; however, a week later, emailed again that she will no longer take the vacation the week she... Read more »

Dawn Renee Gould
Dawn Renee Gould answered on Jul 17, 2019

Unfortunately, you won't get a court hearing within 2 weeks so you can't get an immediate resolution through the courts. You can however advise her that she is to STILL take your child the week that she said she was going to take your child and advise her that even though she may not be "going" on... Read more »

1 Answer | Asked in Child Support and Family Law for Maryland on
Q: Hello, if I’ve filed for emergency modification of custody and Im not Receiving child support will they address it?

if I’ve filed for emergency modification of custody as the custodial parent and Im not Receiving child support will they address it in the emergency hearing or do I need file a separate request for them to establish child support? I previously was paying it to the mom before Custody was... Read more »

Dawn Renee Gould
Dawn Renee Gould answered on Jul 14, 2019

You need to file to terminate the child support that you were paying to mom and you need to file to establish child support for mom to pay you. They will not address child support in a custody hearing unless you also filed for child support.

1 Answer | Asked in Family Law and Appeals / Appellate Law for Maryland on
Q: Is a ruling final when the judge states, Dismissed, in court and the plaintiff asked to withdraw her motion?

Trying to decide if a ruling was based on the merits and therefore final and support Res Judicata on the same issue in the future. I was in court and told the judge I did not want to go forward with my motion because I did not know it was on the docket and am not prepared. Another issue of child... Read more »

Mark Oakley
Mark Oakley answered on Jul 13, 2019

In all likelihood, yes, the dismissal is with prejudice in these circumstances and you will be precluded from re-raising the same issue based on anything that has happened up through the date of dismissal. When a party comes to court on their trial date and is unprepared to proceed, unless the... Read more »

2 Answers | Asked in Contracts, Family Law and Real Estate Law for Maryland on
Q: MD Rule 8-209 & 8-210 give court jurisdiction to disperse of the property after 3 years if the PSA wasn't done.

Family law post divorce issue- the property settlement agreement (PSA) was never executed due to many issues one being frustration of the contract and the X refusing to do his share of the agreement making it impossible for wife to do her role so the marital house still sits paid for and not... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 12, 2019

Your circumstances may benefit from consulting with a lawyer who focuses on family law. You may wish to sit down with such a lawyer to best understand your situation, including any controlling court orders.

In response to the actual question posted, however, "how can one interpret Md...
Read more »

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2 Answers | Asked in Child Support and Family Law for Maryland on
Q: If a non custodial parent dies. Can I get child support court ordered from the spouse of the deceased non custodial?
Elizabeth Pugliese
Elizabeth Pugliese answered on Jul 12, 2019

Child support is between the parents. The spouse has no legal obligation to provide support to the child.

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1 Answer | Asked in Family Law and Child Support for Maryland on
Q: Exhusband owes back support $85K for 3 kids who graduated from college. He is working & has VA disablity. Can I collect

What do I need to do to get this back child support? I have expenses that I incurred to financially support our children for the past 20 years independently.

Mark Oakley
Mark Oakley answered on Jul 10, 2019

Consult a lawyer about this. It depends on when the child support order was entered, if the arrests or any part of the arrears was reduced to a monetary judgment, and how long it has been since the order and/or judgment has been entered. Generally, court orders for child support remain active... Read more »

2 Answers | Asked in Family Law and Child Custody for Maryland on
Q: What's a formal format letter for custody to be notarized vs going thru legal court system

What's the legal binding of this type of agreement

Mark Oakley
Mark Oakley answered on Jul 10, 2019

Lawyers draft separation, property settlement, custody and support agreements all the time, sometimes just addressing one or two of those issues. This forum is not designed to provide legal forms for do-it-yourself drafting. Custody, visitation and support agreements or consent orders (as well as... Read more »

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1 Answer | Asked in Consumer Law, Divorce and Family Law for Maryland on
Q: Im A 33yr old married woman and my husband is incarcerated currently but he will be released some time next month

he claims that he has won a law suite against the baltimoe police dept and won how do I find out if this is true or not?

Dawn Renee Gould
Dawn Renee Gould answered on Jul 8, 2019

If you are planning to remain married to him, the only way to find out is to go online to Maryland Judiciary public case search and see if there was in fact a lawsuit. If you are planning on divorcing him, that information can be obtained though the discovery process.

1 Answer | Asked in Family Law for Maryland on
Q: How do I remove a girlfriend/mother of my child from my house. She's not on deed but living here for last few years.

She needs to go as things are bad and she won't stop badgering me and starting verbal fights.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 5, 2019

Assuming there is no lease, an owner of property can always ask an adult occupant to leave ("vacate"). However, an occupant cannot usually be forced out without following legal procedure.

Usually an owner will give 30 days written notice to leave (shorter time frames may exist for...
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