Get free answers to your Family Law legal questions from lawyers in your area.
She is the only person that’s paid into the mortgage. She has 6 children one is deceased, 5 living. When she passes away she wants, after the house is sold (it’s already paid off) the money to be split evenly between the 5 living children and the the portion that would have went to her deceased... View More 
answered on Dec 7, 2023
One option is to re-deed the house into her sole name. That would require the cooperation of the two children on the deed with her. Draft her will to distribute the house as she intends. By doing this, all her children would benefit by inheriting the house with a stepped-up tax basis equal to the... View More
There is no court order for custody, visitation, nor support - never has been. I paid 18 years and 14 1/2 years on my own. We were both military, I'm now retired and she's still active. She makes more money.
answered on Dec 2, 2023
If she has primary custody of the 14 year old, there would still be a legal obligation on your part to pay child support. How much depends both parents’ incomes and an application of the child support guidelines in the state where the child primarily resides. You should obtain a private... View More
My wife and I get a divorce and I'm ordered to pay some alimony.
Three years later I'm in and out of psych wards depleting me to bankruptcy.
Is my wife legally responsible to any of my own debt or past/future expenses of
a psych ward or nursing home?
Would... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2023
In general, after a divorce, each ex-spouse is typically responsible for their own debts incurred after the divorce decree is finalized. This means that debts you acquired three years after your divorce, including those related to medical or psychiatric care, would usually be your responsibility,... View More
Child’s mother only put child in daycare right before hearing to make child support payment higher. Afraid she will take child out of daycare after hearing.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2023
The court can order that the child care portion of child support be paid directly to the daycare provider. This is called an income withholding order for child care expenses. The income withholding order will direct the non-custodial parent's employer to withhold a portion of their wages and... View More
My wife is worried that if we divorce and I eventually went bankrupt that she will be legally responsible for my finances. She thinks that there's a 5 year look back so if I went bankrupt within 5 years of our divorce finalization that creditors can legally claim her as liable.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2023
It depends on where you live. If Maryland is a community property state, then you are both equally liable on all debts incurred during the marriage, regardless of whose name is on the contract. Although a post-nuptial agreement or divorce decree can assign responsibility to one spouse or the other... View More
My wife is worried that if we divorce and I eventually went bankrupt that she will be legally responsible for my finances. She thinks that there's a 5 year look back so if I went bankrupt within 5 years of our divorce finalization that creditors can legally claim her as liable.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2023
In Maryland, a postnuptial agreement or a divorce decree can define financial responsibilities and liabilities between spouses, including those related to debts. If properly drafted and executed, these agreements can clarify that your wife is not responsible for your debts incurred after the... View More
My wife is worried that if we divorce and I eventually went bankrupt that she will be legally responsible for my finances. She thinks that there's a 5 year look back so if I went bankrupt within 5 years of our divorce finalization that creditors can legally claim her as liable.
answered on Nov 21, 2023
If you file a Chapter 13 petition in the future, it includes a co-debtor automatic stay for claims "dealt with by the Plan".
Filing a bankruptcy does not create a liability in a non-filing spouse. If she is currently liable as a joint obligor, then she remains liable for that... View More
My CPS case was closed with substantial evidence. They didn't have enough evidence to criminally charge me with child abuse. My child has been in my mother's care since my daughter was taken 4 months ago and I want my daughter back. Family preservation services recommended I comply with a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2025
I'm sorry you're experiencing this. Please reach out to a legal aid organization or a local attorney who can provide you with the support and guidance you need.
My CPS case was closed with substantial evidence. They didn't have enough evidence to criminally charge me with child abuse. My child has been in my mother's care since my daughter was taken 4 months ago and I want my daughter back. Family preservation services recommended I comply with a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2025
It's encouraging that you have been compliant with the safety and service plans. Since your CPS case is closed and there are no current court orders against you, you have the right to seek the return of your daughter. Start by gathering all documentation that shows your compliance and any... View More
The biological parents have not had contact with the child in over 1 year and he has not been in their custody for almost 2
answered on Sep 17, 2024
If you are on the birth certificate, you can file a petition in court requesting visits with your children. You will need to know the whereabouts of your children and the mother. You will need to serve the mother with a summons to appear in court.
Parent 1 and Parent 2 had a Pendente Lite custody order in place that stated shared legal custody for children. The final court order has since occurred and maintained the shared legal custody framework. It is now 2 years since the Pendente Lite Custody was initially put in place. It was recently... View More
answered on Jul 15, 2024
Given that no harm or injury was done to the child or to either parent, it is unlikely there is any legal penalty for the grandmother's action.
My ex has sole legal custody and primary physical custody while I have visitation overnight once a week. She has done shady things behind my back before. I just need to know if she is allowed to give consent for that without having to consult me.
Our prenup gives me a life estate if my husband predeceases me, assuming I continue to pay the mortgage. Do we need to record notice of the life estate?
answered on Nov 3, 2023
Your prenup is statement of intention. Only a recorded deed can pass an interest in land, or create a life-estate. For years our Firm has litigated this issue because the family law lawyers often don’t know how to handle the real property side of a separation agreement. It’s not hard, but it... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 2, 2023
Yes, you can have divorce papers served via certified mail to your spouse's adult sister, whom he lives with and collects his mail. This is a valid method of service under Maryland law.
Once the certified mail package has been delivered to your spouse's adult sister, she must sign... View More
The licensed provider did not require a contract however just the required forms to be completed for state regulation. However there are emails and text messages showing the business relationship for an 8 month period.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2023
If the daycare provider is refusing to provide a receipt, you can take the following steps:
1. Communicate Clearly: Send a polite and formal written request, preferably via email or text message, asking for the receipt. Mention any relevant details like the dates of service and payment... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 16, 2023
In situations like this, it's important to consider the best interests of both you and your baby. While laws vary by jurisdiction, generally speaking, being pregnant at 16 does not automatically affect your legal custody of your child. However, your situation might be influenced by factors... View More
I’m the defendant. The plaintiff was granted motion to compel documents from me. They also requested sanction, asking that I pay his attorney fees. If I turn the documents in the time the they request (5 days), can I still be sanctioned?
answered on Aug 4, 2023
I see you're in Prince George's County. Although I'm a [Baltimore County child custody lawyer](https://www.ostendorflaw.com/practice_areas/maryland-child-custody-lawyer.php), the same principles would apply in your jurisdiction as we are discussing Maryland law generally.... View More
My kids have lived with me for a year since their dad died. We did our custody order through Maryland since at the time he lived there and I gave him primary physical custody and we had joint legal custody. Awhile later he moved to WV and passed away. I’ve lived in PA for 6 years and my kids have... View More
answered on Jul 13, 2023
No, you already had joint legal custody to begin with--the equal to your ex. Now, you are the sole legal guardian of your children.
I was compelled to meet in a zoom meeting for mediation for child support in CA. But I already initiated a complaint for divorce, child support and custody in Maryland. Do I have to attend it? what is going to happen with the action in Maryland?
answered on Jul 12, 2023
You need a lawyer to review the jurisdictional issues. The Uniform Child Custody Jurisdiction and Enforcement Act has been codified in both CA and MD (and every other state, I believe) and there must be a hearing first to determine which state court will hear the case and exercise jurisdiction... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
