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Rebecca Lippman’s Answers

38 total

  • Is it too late to a request. Pendep lite hearing for custody, child support, and visitation?

    I am the defendant in a custody case. Neither my lawyer or the plantiff's lawyer requested a pende lite at the scheduling order for custody. Now, the other parent takes our daughter out of school when he feels like it and won't tell me when he is...

    Rebecca’s Answer

    I second Attorney Havens' comments. I would just add that regardless of whether you first present your custody issues to the Court at a pendente lite or a merits hearing, you should keep detailed notes about when and how your daughter's father has acted inappropriately. Your argument for custody will be much stronger if, rather than simply asserting that he "takes [y]our daughter out of school when he feels like it," you can offer a record that documents each occasion on which that (and any other) irresponsible custodial conduct occurred.

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  • After going to court for divorce scheduled for Jan. can I return and sue my wife for fraud she committed while we were married?

    After going to court for divorce scheduled for January, can I return at a later date and sue my wife for fraud she committed while we were married? Is there a Statue of Limitations? Wife managed the bills and put a utility bill in my name and hi...

    Rebecca’s Answer

    If your wife's improper conduct resulted in the dissipation of marital assets, or gave rise to either marital debt or non-marital debt for which you are now responsible, evidence of that conduct should be presented to the Court at your divorce hearing as it may affect the division of marital assets (including your pension).

    You should be represented by counsel at the divorce hearing in order to assure that your rights are adequately protected, and that your wife's misconduct is properly presented to the Court.

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  • Has the law changed in regard to living under the same roof during separation?

    My husband wants to separate and I do not. He is insistent about it. In talking, we agree that we would like our daughter to remain in our home and each of us split the time with her. My husband would stay elsewhere on his week away but I would ...

    Rebecca’s Answer

    Unfortunately, the arrangement that you are proposing will not satisfy Maryland's requirements for a separation. In order to be separated, you must live in separate residences continuously and without interruption. Living in separate areas of a single residence does not qualify as a separation. A "nesting" arrangement, in which you and your husband alternate weeks in the marital home, will constitute a separation provided that only one of you is sleeping in the house at any given time.

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  • My husband wants a divorce,but I dont.

    My husband has relation with 2 other women.We are together more than 46 yrs.I have no other life.What can I do now?

    Rebecca’s Answer

    Unfortunately, there is nothing you can do to prevent your husband from divorcing you. You can probably delay the proceedings, but this could be very costly and eventually he will be able to obtain a divorce despite your objections. Accordingly, if he is truly committed to getting a divorce, you will have to accept that it is inevitable, and retain an attorney who can help you negotiate the best possible settlement.

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  • During the divorce process. Who is going to issue the deposition order

    I would like to know who is going to issue the deposition order. Is the deposition is issued by the court or attorney

    Rebecca’s Answer

    The attorneys who are representing the parties issue the notices of deposition in a divorce proceeding. The court does not issue any such notices or become involved in the scheduling of deposition unless there a conflict arises that the attorneys are unable to resolve.

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  • During divorce process. Defendents attorney is pressuring the defendent for the depostion meeting at plantiff's attoneys office

    During divorce process. I am defendant. So far I have not received the deposition meeting letter from the court. I am requesting my attorney please cancel the deposition meeting or reschedule. My attorney is not listening to me. My attorney is m...

    Rebecca’s Answer

    First, you should know that the court does not issue a "deposition meeting letter" or participate in the scheduling of depositions. It is the responsibility of the attorneys to schedule and provide notice of depositions. Accordingly, you should not expect to receive any such notice from the court.

    Once a deposition has been scheduled (as it apparently has been in your case), that deposition can be rescheduled or cancelled ONLY if the attorney who issued the notice of deposition (i.e., your spouse's attorney) consents to reschedule or cancel. Neither you nor your attorney can unilaterally reschedule or cancel, and you MUST attend the deposition at the originally scheduled time and place unless the plaintiff's attorney agrees otherwise.

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  • How can you go about putting an adult child (30 yr old) out of the parent's house?

    My child was released from jail less than 60 days ago and is up to the same negative things that he was incarcerated for in the first place. I do not free safe for him to be in my house. Please help.

    Rebecca’s Answer

    If he is not currently living with you, you have no obligation to let him move in. If, however, he is already residing in the house, you will have to go through a formal eviction process to put him out of the house, despite the fact that he is not formally a tenant and does not pay rent.

    Baltimore Neighborhoods, Inc. provides free information about landlord/tenant rights and responsibilities: (800) 487-6007. Residents of Baltimore can walk in for help and advice at the Public Justice Center's Tenant Advocacy Project, at 501 E. Fayette Street, Room 207.

    If you want a lawyer to help you with the eviction process, and you qualify for free legal services based on your limited income, you can contact The Legal Aid Bureau, Inc.: (410) 539-5340.

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  • Required twelve month separation.

    My wife stayed at my home during the Christmas Holidays to save money on gasoline and expenses. She still maintained and returned to her apartment. Does that start the twelve months separation from that time? I'm not sure if she will file or no...

    Rebecca’s Answer

    In order to obtain a divorce on the basis of a voluntary separation in Maryland, you and your wife must reside in separate residences mutually, voluntarily, and continuously -- that is, without interruption or cohabitation (sexual intimacy) -- for 12 months. If you and she stay even a single night under the same roof, your separation is deemed to be terminated. Accordingly, if you slept in your home when she stayed overnight -- even if you slept in separate rooms -- the period of separation must begin again. If you did not stay in the house on the nights that she was there, there was no interruption of your separation and you do not need to begin counting the 12 months again.

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  • In maryland, at what age is a child able to decide which biological parent he wants to live with?

    both households provide caring environments

    Rebecca’s Answer

    The custody of any child under the age of 18 must be agreed upon by the parents, or ordered by the court. A child is not entitled to make his/her own decision about who to live with, however, Maryland law provides that a child who is 16 years old or older and who is subject to a custody order or decree may file a petition to change custody. The child may file him/herself and does not need an adult to act as a guardian or representative. The court is required to hold a hearing and take testimony as to why the change of custody is in the best interests of the child. If the court believes that a change of custody is warranted, it will issue an order to that effect.

    The alternative would be for the noncustodial parent to ask the court to modify the existing custody order and grant him/her custody. In that case, the 16 year old's testimony would carry considerable weight. In addition, an action by the noncustodial parent could include a request for an order of child support.

    Please feel free to contact me if the 16 year old or parent in question needs some guidance on how to go about this.

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  • I am separated from my husband but in the event of my death, I would want him and his family to have custody of my daughter.

    My husband is a a foreigner and might not be in the US at that time. He has a brother in Sweden that might be able to come and get her. And my husbands parents live in Africa and I would want them to take care of her if my husband or family memb...

    Rebecca’s Answer

    • Selected as best answer

    It sounds as if you need a Trust & Estate lawyer, not a divorce attorney. A T&E attorney can help you set up a plan for your daughter's future, including any necessary guardianships.

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