Rebecca Lippmanā€™s Answers

Rebecca Lippman

Bethesda Mediation Attorney.

Contributor Level 9
  1. In an uncontested divorce, would the complaint for absolute divorce and the answer count as an agreement of the parties?

    Answered about 4 years ago.

    1. Rebecca Lippman
    2. Andrew Daniel Myers
    3. David Centeno
    4. Donald Lamar Cobb
    4 lawyer answers

    The answer to this question is probably "no", but it depends upon the circumstances of your situation. Ordinarily, the parties to an uncontested divorce memorialize the terms of their agreement in a separate marital settlement agreement. The only case in which the pleadings might suffice is where there are no minor children, no alimony to be paid, and no property to be divided. In that case, it should be sufficient for each of you to advise the court in your complaint or answer that there...

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  2. 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.

    Answered about 4 years ago.

    1. Rebecca Lippman
    2. Thomas C Valkenet
    2 lawyer answers

    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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  3. Is it right if the kids dont live in the same state as their dad, for them too live 1yr with him and 1yr with me?

    Answered about 4 years ago.

    1. Rebecca Lippman
    2. Ronee F Korbin Steiner
    2 lawyer answers

    When parents live in different states, it is virtually impossible for them to share custody equally. One parent MUST be the primary custodian. Unless the noncustodial parent is unfit, he/she will likely be awarded access to the children at reasonable times, such as during the summer and school breaks. The proposal that your children be moved back and forth between Florida and Maryland on an annual basis is, on it's face, absurd. It does not take a deep understanding of child psychology...

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

    Answered almost 3 years ago.

    1. Keith R Havens
    2. Rebecca Lippman
    3. Todd Bruce Kotler
    3 lawyer answers

    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...

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

    Answered almost 3 years ago.

    1. Timothy Joseph Mummert
    2. Keith R Havens
    3. Stuart H Grozbean
    4. Rebecca Lippman
    4 lawyer answers

    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.,...

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  6. I have full custody of minor children, one with special needs. I acquired a job out of state. Can I leave with my children?

    Answered about 4 years ago.

    1. Rebecca Lippman
    1 lawyer answer

    Is there a risk? There is always a risk. Custody and child support are always subject to modification, whether you leave Maryland or not. The father could, at any time, attempt to gain custody of your children. In order to do so, though, he would have to 1) initiate legal action; and 2) persuade the court that the children would be better off in his care. If he has never provided any financial support for the children and has had no significant role in raising them, it will be difficult for...

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  7. If an uncontested divorce is agreed upon by both parties, is there a need for a hearing?

    Answered about 4 years ago.

    1. Sean T Morris
    2. Rebecca Lippman
    3. Donald Lamar Cobb
    4. David Centeno
    4 lawyer answers

    In Maryland, the plaintiff and a corroborating witness must appear and testify IN PERSON at a brief hearing in order for a judgment of divorce to be issued. The Court may not grant a divorce on the basis of the pleadings alone. This is true even if the divorce is uncontested.

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  8. Do I need an attorney to modify or amend a protective order?

    Answered about 4 years ago.

    1. Rebecca Lippman
    2. Larry Jason Feldman
    2 lawyer answers

    It is not a simple matter to modify or dissolve a protective order. You should definitely engage an attorney to assist you.

    1 person marked this answer as helpful

  9. Child support modifications

    Answered about 4 years ago.

    1. Rebecca Lippman
    1 lawyer answer

    Any proper calculation of child support under the Maryland Child Support Guidelines should produce the same result, whether conducted by CSE or the court. In order for the father to prevail on his motion for modification, he will have to show that there has been a material change in his financial circumstances (or yours) since the most recent child support determination. If he can establish that his earnings have decreased significantly, or that yours have increased significantly, the...

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

    Answered almost 3 years ago.

    1. Rebecca Lippman
    1 lawyer 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...