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COVID-19 Maryland Questions & Answers
2 Answers | Asked in Child Support for Maryland on
Q: My boyfriend has 3 kids Child support is for MD, 2 kids have aged out and not in school, supposed to decrease?

He lives in TN and order is for MD, he has never had arrears until COVID-19 (and might only be one month if that) he got a letter stating they want 60% of his paycheck and all 3 kids are listed. (one is 21 and the other 20) but the payment he was paying for all 3 is still the same for one kid. He... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on May 7, 2020

The payment does not automatically change. No one at the court or child support enforcement is keeping track of children's ages. The only solution is what you were told. You must file to modify it.

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2 Answers | Asked in Criminal Law for Maryland on
Q: What should I do if I believe that my husbands sixth amendment has been violated ?

My husband was recently incarcerated before the pandemic started in Maryland .. however, he filed for a speedy trial & has yet to have any court hearings since being incarcerated

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 30, 2020

There is a constitutional speedy trial right, and a statutory one. In circuit court, the trial must occur within 180 of his initial appearance, unless an administrative judge finds good cause. A global pandemic would most certainly constitute good case. But, "speedy trial" rights have no... View More

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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can a landlord in Anne Arundel County Maryland give a month-to-month tenant a 30 day notice during COVID-19?

This not due to any unpaid rent, just a change in tenants to accomodate a potential buyer

Mark Oakley
Mark Oakley
answered on Apr 26, 2020

They can give the notice, they just cannot enforce it in the courts until the courts reopen and the suspension of evictions is lifted. Courts reopen June 5, under current orders, but could be extended. Contract provisions and the rights of parties to take actions under their contracts are not... View More

1 Answer | Asked in Family Law and Child Custody for Maryland on
Q: I have 100% physical and legal, my ex has a day visit every other weekend, what happens if my ex won't return child?

I have 100% Physical and Legal custody, for safety reasons (alcohol abuse and mental instability), my child goes for a visit every other weekend for a day visit that has to be supervised by the ex's parents. So far during Covid-19 things have gone smooth, outside of angry texts, drop off and... View More

Mark Oakley
Mark Oakley
answered on Apr 24, 2020

The courts are still hearing and processing emergency matters, so an emergency motion could be filed -- although in the case of your scenario, you may not want to wait the day or so it could take to get in front of a judge if this happens on a Sunday or Saturday when no judges are sitting. Most... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Are landlords allowed to go & maintain rental properties under the stay-at-home order in MD, if properties are vacant?

Tenants are moving out, but as an owner/landlord, I need to switch out locks, clean, and maintain the residential rental property. As an owner, if my rental home is vacated, am I allowed to go, under the current COVID-19 MD stay-at-home order?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 21, 2020

At the outset, we are working under a totally new set of rules and while attorneys can attempt a reasonable stab at interpretation, no one has had the ability to see how things would play out if challenged. Under the Maryland order, employees and owners generally may go on-site to non-essential... View More

1 Answer | Asked in Civil Litigation for Maryland on
Q: Can a university hire movers to move your belongings to ship, and allow them to dispose certain items?

This is without my consent

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2020

If the nation was not under the grips of a health crisis, you might have been able to check if your university's student handbook, bailment law, or other legal theories would have availed any rights to you here. But given the heightened sense of caution regarding anything suspected of carrying... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: My brother died a couple weeks ago. I was his beneficiary. How do i go about closing his accounts out? Bank,CC,Car loan

Would like to pay off what ever he owed. he had a savings but i don't know how to go about access it. he bought his car in FL but its with me in MD and i don't know if he owes money on it or not and how do i return the tags? if he has no money do i owe for him being the beneficiary? I... View More

Mark Oakley
Mark Oakley
answered on Apr 18, 2020

You cannot do anything unless you are the Personal Representative of your brother's estate. You become that by petitioning to open an estate for your brother in the jurisdiction where he resided at the time of his death. In Maryland, that would be a county (or City of Baltimore) Register of... View More

3 Answers | Asked in Landlord - Tenant and Real Estate Law for Maryland on
Q: Can a tenant legally remain in a property that is being sold?

I am in the process of buying a house. The house is currently occupied by tenants. The tenants were given notice of the home being sold by the sellers on April 1st, giving them 30 days to move out. The tenant refused to let our inspector inside the house due to COVID-19 risk, but agreed that the... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 15, 2020

There are two intertwined questions in the scenario. First, can a tenant "legally" refuse to leave if their lease is up and they've been given proper notice? Assuming the appropriate notice has in fact been given, legally, "No."

That said, the second and...
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1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: I am the personal representative of a small estate in MD. See the more information for details.

I am the personal representative in Maryland of a small estate for a friend who passed away.

I notified creditors in writing of the 30 day limit to file a claim.

https://law.justia.com/codes/maryland/2018/estates-and-trusts/title-5/subtitle-6/section-5-603/

My letter... View More

Mark Oakley
Mark Oakley
answered on Apr 15, 2020

Because of the pandemic, all Maryland courts were closed for business except for "emergency" matters as of March 16, 2020, and in addition, all filing and time deadlines provided by any statute, rule or scheduling order were also automatically extended for the same amount of time as the... View More

2 Answers | Asked in Real Estate Law for Maryland on
Q: How could I back out of a house purchasing contract due to the impending housing market downturn due to COVID19?
Thomas C. Valkenet
Thomas C. Valkenet
answered on Apr 9, 2020

Your potential remedies are written in the contract. It depends on the available contingencies, and whether they have expired, and what may constitute a default. However, a change in the market after a contract becomes specifically enforceable is rarely grounds to back out. But this is America, and... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: Is it unlawful for an employer to provide a false reason for placing an employee on administrative leave?

On March 16th, I was informed that members on my team have been laid-off/furloughed due to the epidemic. On March 19th, using my employers Ethics and Compliance Reporting Hotline, I submitted a report of racial discrimination for an issue that had been occurring for several months. The next day,... View More

J. D. A.
J. D. A.
answered on Mar 31, 2020

It's not entirely clear what the substantive difference between being on administrative leave and laid off/furloughed would be in this situation. Also, if the entire building was laid off prior to the complaint (or leave request?) being made, it might be difficult to establish a case of... View More

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