MD Code, Family Law, § 11-108. Termination of alimony
Unless the parties agree otherwise, alimony terminates:
(1) on the death of either party;
(2) on the marriage of the recipient; or
(3) if the court finds that termination is necessary to avoid a harsh and... Read more »
Ex has not paid me full amount on financial settlement. I have heard there is a 3 year statute of limitations and then I was told it’s a 12 year statute of limitations since it is a judgment of divorce
If the settlement was incorporated into your judgment of divorce (that is standard) then you have 12 years.
Does the circuit court handle serving the defendant for you or is that something you have to do yourself?
You must make arrangements to have the Defendant serve. You cannot serve the Defendant yourself, as in hand the person the papers, or mail them yourself. The sheriff will do it for $40. A private process server is slightly more.
Md will only send him papers in the mail (he keeps returning them) because of ‘jurisdiction’. We have an agreement (signed) to which he hasn’t stuck to at all regarding payments and weekends for him. What can I do to get this enforced and resolved?
You can file with the court to enforce the agreement yourself. You do not need child support enforcement to do it. Have him personally served. Then proceed with the court matter.
You should consult with an attorney about all of your options.
My ex husband, is a month and a half behind in child support. He just now states to me that he lost his job at the beginning of the previous month and because of that, he does not need to pay me until 6 months later? Nor does he have to pay for those 6 months once he does get a job. Is this correct?
That is not correct. The child support is an order that remains in effect until changed in another order. the full amount of child support remains due. He must pay it. If he does not, he can lose his driver's license, and other things. There is no grace period for losing a job.... Read more »
So long as they do not have a biological parent in common, and so long as the youngest one is at least 16 and not living in the same household as the older one who has turned 18 already, and the older one is not otherwise in a position of authority over the younger one, then legally the two could... Read more »
Once being deemed the legal father by Maryland's Affidavit of parentage, does this give me full legal rights to have a relationship with my child, and be an active father? Even if the mother has since moved to another state? Do my rights disappear because she, and the children crossed over an... Read more »
You should consult with a family law attorney- they will be able to tell you whether you would need to file something in Maryland or the other state to challenge the ruling/judgment (most likely the other state). It is unclear what the due process/14th Amendment violation would be if you had... Read more »
My decree says nothing about high school, I can’t find that verbiage anywhere it only states until 18 years of age. Thank you
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 »
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 »
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 »
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.
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 »
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 »
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.
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 »
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.
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 »
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 »
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 »
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.
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 »
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 »
She doesn't have a stable home she does not work
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 »
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 »
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 »
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 »
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 »
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.
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