Maryland Child Custody Legal Questions

No-its called "voluntary impoverishment". I have used this argument many times in court where the judge has the power to impute her old income to her from her last high paying job. She is not fooling anyone, especially the court. You should however hire an attorney who specializes in family law like I do.... Read Answer

Under the law of most states, you can take a child or children with you to move to another state so long as there is no legal action filed that would give an Oregon court the authority to determine child custody, parenting time and support. However, you should consult with a lawyer in the state where you intend to go to find out how an action for dissolution of marriage or legal separation would be handled and how that state handles jurisdiction. For example, in Oregon the party filing an action for dissolution of marriage has to live the county in which the case is filed for six months before the action is filed. On the other hand, you can file an action for legal separation as soon as you get here. Under that situation, you could get a temporary custody/parenting time/child support order and then bring a motion to modify the action to seek a dissolution after you have been here for six months.... Read Answer

You need to file a Motion for Contempt and for an Income Withholding Order so the child support will be deducted from his paycheck. When the support payments are funneled by court order through the office of child support enforcement-his tax refund will be intercepted to pay on his arrears and he could lose his driver's license. You don't say if you have full custody and he has visitation. If so you might also file for supervised visitation to prevent him from lying to your children. You should hire an attorney to help you if you can.... Read Answer

If there is a good reason why you can't pay, such as illness or recent unemployment, you should file a Motion to Modify Child Support to thwart the Contempt. Usually a judge will ask you to pay as much as you can the day you are in court and to set up a future payment plan instead of incarcerating you. However if your payments go through the office of child support enforcement, they can suspend your driver's license, take your tax refunds, put a lien on your bank account, and at the very least impose an earnings withholding order on your paycheck.... Read Answer

It seems like your daughter has abandoned her duties to your grandaughter. Assuming you are a fit and proper person to have custody of your grandchild, you have a very good chance of getting custody. However, the Court is bound to consider what is in the best interests of your grandchild and there are many factors that I court must consider. You should share all details  about your family situation with a family law lawyer, who can then give you a much better assessment of your chances of getting custody.  ... Read Answer

Why on earth have you waited a whole year? You can, among other things, file a motion to have him held in contempt. You can sometimes collect your own attorneys fees from him if he is found to be in contempt. In addition he may be guilty of a criminal offense. Your best bet is to locate an experienced family law attorney and let him advise and represent you. It's usually worth the price.... Read Answer

Let me state the obvious; YOU NEED A SKILLED MATRIMONIAL (FAMILY) lawyer. As to child supports: you can probably get a 'seek work' order under which he has to show at least N (OFTEN 5) applications each week. As to limit ding his access to the baby: The facts you mention could well be enough to keep from much placement with the child. .But work with a good lawyer. It can make all the difference.... Read Answer

I would certainly recommend hiring an attorney in any divorce or custody situation. The engagement should not be particularly expensive if there is already a visitation/parenting time/custody agreement in place but you certainly should have it entered as the order of the court so that it is enforceable.... Read Answer