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Maryland Family Law Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Can my soon to be ex wife claim back child support

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... View More

Mark Oakley
Mark Oakley
answered on Jun 10, 2021

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... View More

1 Answer | Asked in Child Support and Family Law for Maryland on
Q: Can Maine collect child support when x wife is dead and youngest child is 37 years old

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

Mark Oakley
Mark Oakley
answered on May 31, 2021

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... View More

1 Answer | Asked in Family Law for Maryland on
Q: In Montgomery County Maryland can 2 children boy and girl live in a 1 bedroom with 1 adult?
Mark Oakley
Mark Oakley
answered on May 15, 2021

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... View More

1 Answer | Asked in Family Law and Elder Law for Maryland on
Q: I have a joint account with my father, he is requiring nursing home stay, can they deplete the account?

I was just informed that the c0-pay for the nursing home will be $170 per day. We have about $8000 in the account. Can they take all the money in the account?

Mark Oakley
Mark Oakley
answered on Apr 22, 2021

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... View More

1 Answer | Asked in Family Law for Maryland on
Q: 14 year old needs a passport - both parents have to sign. We have no contact with him.

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?

Mark Oakley
Mark Oakley
answered on Apr 16, 2021

The following exceptions exist to the two-parent consent requirements, allowing one parent or legal guardian to apply alone with the child:

(1) If one parent cannot appear, the applying parent should bring a signed and notarized Form DS- 3053 “Statement of Consent” of the other parent...
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2 Answers | Asked in Family Law and Child Custody for Maryland on
Q: I want to get visitation right to see my nephew the grandmother have temporarily custody and she won't let me see her.

How do I go about getting visitation rights to see him

Mark Oakley
Mark Oakley
answered on Mar 30, 2021

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... View More

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1 Answer | Asked in Family Law and Child Support for Maryland on
Q: Please help me calculate how much child support my husband will pay. He makes 125,00 yearly. I have full custody

I don’t work. So child support is based on him along. I love in prince georges county Maryland

Mark Oakley
Mark Oakley
answered on Mar 12, 2021

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,... View More

3 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Maryland on
Q: If granted sole physical and legal custody, what rights do I have? If the order has Contradictions.

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... View More

Timothy E. Howie
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Timothy E. Howie
answered on Mar 1, 2021

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... View More

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1 Answer | Asked in Civil Litigation and Family Law for Maryland on
Q: The groom cancelled wedding 50 days prior, can brides family sue to recover wedding cost due to his cancellation
Mark Oakley
Mark Oakley
answered on Feb 17, 2021

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... View More

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: What Maryland visitation laws are in place for custodial parents when non custodial parent moves out of country for mil?

Non custodial parent is active duty and has 3 year orders to Japan.

Timothy E. Howie
PREMIUM
Timothy E. Howie
answered on Feb 9, 2021

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... View More

1 Answer | Asked in Family Law and Tax Law for Maryland on
Q: Can I take child tax credit for daughter who lives with me full time 10 months a year in MD? MI judge denied request.

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.... View More

Mark Oakley
Mark Oakley
answered on Feb 8, 2021

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... View More

1 Answer | Asked in Family Law for Maryland on
Q: How can I legally get an 18 yr old to take a dna test if his mother has blocked it for 18 years. I need to truth.

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?

Mark Oakley
Mark Oakley
answered on Feb 1, 2021

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.

1 Answer | Asked in Family Law for Maryland on
Q: Hello. I had a few questions about the guardianship of a minor.

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... View More

Mark Oakley
Mark Oakley
answered on Jan 29, 2021

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... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: child no longer lives with custodial parent, does my brother still need to pay child support to ex wife?

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... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Jan 16, 2021

If the agreement is actually a court order, he needs to file in court to modify the child support. He will have to prove the child is not living with her.

2 Answers | Asked in Divorce, Family Law and Health Care Law for Maryland on
Q: I am disabled, going through a divorce. Is it possible to stay on my wife's health insurance after divorce?

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... View More

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
answered on Jan 15, 2021

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!!

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2 Answers | Asked in Tax Law, Family Law, Real Estate Law and Child Support for Maryland on
Q: If a house is sold in a tax auction in Maryland, what happens to the liens on the house?

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... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 5, 2021

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.... View More

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2 Answers | Asked in Child Support and Family Law for Maryland on
Q: I have been recently contacted by my possible son who is now 20 years old. Can his mother seek child support?

At one point his mother told me he died at birth and several years later she came around and stated he never passed and wanted to know me. I requested for a DNA and she disappeared this occurred on multiple occasions. Now he has reached out at 20 years old and I want to know can his mother seek... View More

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 31, 2020

No. After the child has emancipated paternity can be established, but the custodial parent cannot seek child support. Good luck.

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1 Answer | Asked in Family Law for Maryland on
Q: my daughters mother filled false protective order on me. court in 3 days not enough time to get attorney.

she has been found guilty in past several times for forgery,fictitious name to officer to avoid prosecution,fraudulent priv.documents. does this effect her credibility enough to have case dismissed? she has no evidence no police reports., she is seeking emergency family maintanence how much could... View More

Mark Oakley
Mark Oakley
answered on Dec 21, 2020

No lawyer can possibly answer your question with any accuracy on these facts. You will need to contest the allegations, and ideally, get representation. This may only be the interim or temporary hearing, at which you can appear but are not allowed to present evidence--the judge only hears the... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: Can I request my parents' divorce records? They nvr told me the truth. I just want a straight answer about happened.

Case was in mid 80s Baltimore County (possibly Bmore City). My mother had 'full custody' (according to her) yet my father all my life bemoaned the fact that 'your mother won't listen to me'. He claimed to be helpless, yet if he gave up custody (and paid support) he got... View More

Mark Oakley
Mark Oakley
answered on Dec 5, 2020

All civil cases are open to the public. You should call the court (family law division) where the divorce was adjudicated and inquire whether they still have the paper file on such an old case. If not, you will need to order it from archives. Once it is at the courthouse, you can go there to review... View More

1 Answer | Asked in Family Law and Child Support for Maryland on
Q: Can my child's father send me money (memo:"child support") through Zelle, when we don't have an agreement yet?

My husband left in August. Since, he left he sends the same amount of money he used to for the mortgage of our house. Therefore, he hasn't really send money for child support. I have realized that when he sends money through Zelle (direct deposit to my account through the phone), it comes with... View More

Mark Oakley
Mark Oakley
answered on Dec 3, 2020

What your husband calls his payment is not determinative. Your husband may be ordered by a divorce court to pay other forms of support in addition to child support, such as alimony, health insurance, and household maintenance and support. You should not be limiting your court action to a request... View More

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