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Maryland Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Support for Maryland on
Q: My ex is ordered to pay CS. After 15 yrs, my ex decided to start making checks payable to my son, now 15

I do not want to ask my son for the money nor ask him to sign the CS checks over to me. I told my ex that the checks made payable to my son are considered to be gifts to him. I asked for checks to be payable to me. My ex is refusing my requests. I have represented myself for the last 13 years.... View More

Mark Oakley
Mark Oakley
answered on Jun 8, 2018

File a motion to enforce the child support order and to determine the amount of the arrearage, and to reduce the amount to a civil judgment. You may, if you want to, join with that motion a motion to hold your son's father in contempt of the court order that directs him to pay child support.... View More

1 Answer | Asked in Family Law for Maryland on
Q: My sons father still lives with me and refuses to give me any money towards anything
Alan Solomon
Alan Solomon
answered on Jun 3, 2018

You can file for child support and if you are not married and his name is not on lease then give him notice to vacate

1 Answer | Asked in Child Support, Divorce, Family Law and Military Law for Maryland on
Q: I am an active military member, i need an experienced lawyer with Military divorce to counsel and represent me
Lynndolyn Tippins Mitchell
Lynndolyn Tippins Mitchell
answered on Jun 3, 2018

I have represented active duty military and also have personal experience with the military with respect to pensions and survivor benefits.

Sincerely,

Lynndolyn Mitchell

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: Whats is the purpose of duces tecum
Alan Solomon
Alan Solomon
answered on Jun 2, 2018

The purpose is to get documents from the opposing party

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: If my husband got our apartment as a benefit for working with the company, can he go to the rental office to move?

To another property without me and the children? He wants to separate but what does that mean for me and the kids?

Alan Solomon
Alan Solomon
answered on Jun 1, 2018

Yes but if he does that you will have 30 days to go to court and ask for support

1 Answer | Asked in Family Law and Public Benefits for Maryland on
Q: How can i change my daughter's last name ? she is almost 3 years old.And how long is taking to get new last name ?
Alan Solomon
Alan Solomon
answered on May 31, 2018

You need to file a petition in court to change her name and provide notice to the father. If he objects ere will be a hearing

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: My bf's ex is filing for child support and he is 17, can she receive cs for all those 17 years even tho they were marrie

And living together until 2015? He was supporting them and taking care of his kids, and she just filed in December 2017. Does it go back to when she filed?

Nyasha A. West
Nyasha A. West
answered on May 24, 2018

In Maryland, child support ends when the child reaches 18 years of age. The Court may enter an Order that includes arrears back to the date of filing, not the date of separation. Your boyfriend will be required to pay those arrears in full, even after the child turns 18.

1 Answer | Asked in Child Custody, Divorce, Family Law and International Law for Maryland on
Q: Need some advice here regarding my father, stepmom and custody that crosses international borders

Stepmom is from England, Son was born here in the US while they were married. They are now separated and stepmom, bro live here in Maryland while my dad is still in Texas. They have no formal custody agreement and divorce papers have not been filed. She doesn't want my father to have contact... View More

Richard Sternberg
Richard Sternberg
answered on May 16, 2018

The parties interested in custody need to consult Maryland counsel. This issue cannot be competently handled by remote control with an interested, non-custodial step-brother.

1 Answer | Asked in Divorce, Family Law and Probate for Maryland on
Q: My mom passed I am her pr her home that I live in has a mortgage that has her and her ex husband 03 names what do I do

Ex husband took me to court he wanted to put me out of home was unsuccessful but I want to keep it as I reside there with small child and he wants to sell in the divorce she was supposed to have his name removed from the mortgage and all things that pertain to home but she never did what can I do... View More

Mark Oakley
Mark Oakley
answered on May 16, 2018

You need to have a lawyer review the deed, the will, and any divorce judgment and separation agreement between your mother and ex-husband.

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: child relocation father lives out of state already

Me and my soon to be husband want to relocate to Atlanta Georgia from Severn Maryland with my two boys 10 and 9. I have full custody and joint legal custody with tie breaking authority. My ex moved almost two years ago back to California to remarry and be near support. The boys have lived in... View More

Terrence M. Nolan
Terrence M. Nolan
answered on Apr 30, 2018

See previous answer.

1 Answer | Asked in Family Law for Maryland on
Q: Can the wife be held responsible for child support is the husband is not working. The child was the result of an affair

during the marriage

Terrence M. Nolan
Terrence M. Nolan
answered on Apr 30, 2018

IMHO, no. This is not your child and you surely did not consent in any way to the affair.

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: Can i relocate with my kids? i have physical custody and joint legal. My ex lives across the country

Me and my soon to be husband want to relocate to Atlanta Georgia from Severn Maryland with my two boys 10 and 9. I have full custody and joint legal custody with tie breaking authority. My ex moved almost two years ago back to California to remarry and be near support. The boys have lived in... View More

Terrence M. Nolan
Terrence M. Nolan
answered on Apr 30, 2018

You have two options: 1. Go and see what happens; if you make it 6 months in GA before your Husband files in Maryland, he would have to file in GA; 2. File a Motion in the Maryland Court seeking Court permission to move to GA. It will likely be granted, since it is just as easy to book a flight... View More

2 Answers | Asked in Family Law and Child Custody for Maryland on
Q: I need a quick answer to make sure I’m not incriminating myself in a existing case

Just it clearly states that since the other part was found in contempt she has to return the children to me immediately because she has shown that she is capable of doing so but in the meantime she wants to turn it into a situation where she wants me to do what’s ordered of her. Can that affect... View More

Terrence M. Nolan
Terrence M. Nolan
answered on Apr 30, 2018

Check the wording of the Court Order carefully, it only applies to the Party stated therein, and only requires them to do what is stated. In other words, if only you filed for contempt against her, then the Order that arose from that would likely only apply to her, unless the Court ordered... View More

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1 Answer | Asked in Family Law and Public Benefits for Maryland on
Q: Is it legal for an adult son in Maryland to hold $60,000 of his mother’s money so she can get Public Assistance?

I believe an adult son living in Maryland is holding $60,000 in his account so that his mother, who lives in Virginia, can receive Public Assistance. He is also potentially claiming that those funds, although in his account, cannot be considered as an asset of his in determining child support.

Mark Oakley
Mark Oakley
answered on Apr 26, 2018

It can be grounds for criminal fraud, or conspiracy to defraud, on both the son's and the mother's part. Don't do it.

1 Answer | Asked in Family Law and Civil Litigation for Maryland on
Q: If Motion to Amend/Revise Judgment & new hearing granted, filed by Def, would PLA go first with direct examination?

Family Law Case

Mark Oakley
Mark Oakley
answered on Apr 9, 2018

No. The party who filed the motion has both the burden of production to present evidence to support their requested relief, and the burden of persuasion to convince the judge that they are entitled to the relief they are requesting. Therefore, the “moving party” (the one filing the motion) goes... View More

1 Answer | Asked in Criminal Law and Family Law for Maryland on
Q: Commissioner said no contact at my release, but there's nothing in my paperwork. So, is there a order?
Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2018

Yes. You should have no contact. If you want clarification, you should file a motion, and ask the court to clarify the ruling.

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: My child's father owns his own business how does he show how much he makes with out hiding the real amount

He has no bank account it is simply the business account but he uses it for both business and self. He says he will hide the truth about what he makes because he does not want to pay any support

Mark Oakley
Mark Oakley
answered on Mar 21, 2018

Lawyers know how to conduct discovery to get at this information. One way is to subpoena all his bank and credit card records, and force him to produce all his payments and invoices for monthly expenditures (rent, mortgage, utilities, cell phone, gas, car payments, auto insurance, etc.). If he pays... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: How do I modify legal custody from joint to sole if other parent has purposely disappeared with no contact information?

My daughter's father filed for sole custody a little over 2 years ago. The judge actually awarded me primary physical custody and we have joint legal. Right after the trial my ex disappeared, claiming he would be out of town for work. He has not attempted to contact or see my daughter since... View More

Mark Oakley
Mark Oakley
answered on Mar 21, 2018

Hire a lawyer to file a petition to modify custody. Provide your factual basis for the request in the petition, which I assume will include the fact that the father has not exercised visitation in years and doesn’t know your child anymore and your child’s changing needs require you to be able... View More

1 Answer | Asked in Family Law and Immigration Law for Maryland on
Q: I’m an international student got married to a us citizen but after i married him i figured out he is married a confid-

Ential marriage to another one in California, he just sent her divorce papers and they both signed it but not yet approved from the judge. Will i be deported cuz he was married to her ?

Also in my filing papers I wrote down he was single bcuz he never told anyone that he was married. What... View More

Mark Oakley
Mark Oakley
answered on Mar 20, 2018

Unfortunately (or fortunately, depending on how you look at it), your marriage is void under the law and you are not currently legally married. The issue for you is do you act now to establish a court record voiding the marriage, since obviously doing so may have adverse consequences to your... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: In Maryland if the non custodial parent wishes not to have access or custody does he still have to pay child support?

There is a current child support order but the non custodial parent applied for child support modification due to the new custody order that grants the mother sole , legal and physical custody. He does not wish to see the children.

Mark Oakley
Mark Oakley
answered on Mar 18, 2018

Exercising visitation or not, and not having legal or physical custody, does not excuse a patent’s obligation to support their child. Both parents are required to provide financial support for their child. The noncustodial patent cannot avoid their obligation by not seeing their child.

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