Bruce Edward Avery's Answers

Maryland District Court appeal & vacate judgment

Did your father appear for the trial or did the other side get a default judgment? If he did not appear for a trial, then a Motion to Vacate Judgment is appropriate. It is a motion explaining why he did not appear and what defenses he might have to the case. If he did appear and a full trial was held then an appeal may be necessary. How much was the verdict against him? If it was a small claim, then a new trial is held in Circuit Court. If it was a larger case, then the appeal is...

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A stay @ home mom for 20 years. Husband's leaving turning off phones, power etc. Can he do this and what rights does wife have?

Your friend needs to talk to a lawyer - NOW! She will be able to get support on an interim basis once one of them files in the court. Interim, or Pendente Lite, relief is designed to maintain the status quo so she should get help once the court becomes involved. Contact the Anne Arundel Legal Aid Office for guidance. http://www.courts.state.md.us/family/selfhelp.html If he is being abusive she may be able to get a protective order. The Legal Aid Office can advise on this.

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Maryland laws on alimony/spousal support

Alimony is probably the most difficult issue to predict in Maryland. There are statutory factors for the court to consider in determining whether to award alimony, but it is impossible to be sure what a judge will do. Some of the factors a judge would consider are the length of the marriage, what lead to the breakup of the marriage, and your comparative financial situations. Although his adultery lead to the breakup, it is unlikely to be determinative in deciding on alimony. Assuming that...

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Family law -contempt of vistation

Service by Certified Mail - Return Receipt Required - Restricted Delivery is difficult to do well. The letter must be sent Certified Mail, you must get the signed green return receipt, and most importantly, you must pay the Post Office to only allow the person to whom the letter is sent sign for it, and the Post Office must actually follow through. This means the person served must actually sign for the letter and if he does not, then you have not gotten service. I only use Certified Mail...

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Maryland Child Custody Right's

Because your daughter is subject to a custody order she may petition the court in her own right at age 16 to change custody. However, if her desire is sincere and you support her desire you may ask the court to change custody, expecially if it has been several years since the order was put in place. The courts recognize that the custody arrangement for a 5 year old may not be right for a 10 year old or a 15 year old.

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What forms do I need and how do I go about filing a motion for contempt for my ex not following our custody order?

The first question is where to file the motion for contempt. You say you don't live in Florida any more. I am guessing that you lived there at the time of your divorce. Do either the children or your ex-husband still live there? If anyone does, you will have to file in Florida, even if the children live with you in Maryland. I don't want to minimize your complaints, but they are of the kind that judges really hate because there is very little the judge can do other than tell him to obey...

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I am a 21yr old father who I would like to know how do i go about getting visitation rights to see my daughter in NC

If you do not have a court order that gives you access (visitation) with your daughter you may certainly get one. The big question is where to file for such an order. It will depend on where you were divorced, whether the divorce decree or other court order has custody provisions, and where you, the mother, and the child live. If there is no court order, you will need to file in the state in which your daughter has lived for the past six months. If there is a court order and any of you...

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What am i able to get after staying home for 21 years and raising 4 kids and home-schooling them.

Without knowing more about your finances and a lot more details it is hard to tell you exactly what you might get. You may be eligible of either indefinite alimony or rehabilitative alimony, depending on your situation. The length of your marriage and the fact that you home schooled the children is in your favor. Contact the House of Ruth in Baltimore. They can give you advice and, if you qualify, representation. Good luck.

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Who can legally claim mortgage interest when filing married but seperate?

A tax attorney or accountant is the best person to answer this question, but it comes up a lot in my divorce practice. If you go ahead and claim the deduction and the IRS catches on that you are claiming the same deduction they will require you to prove that you each paid it. You have the cancelled checks and he does not so ultimately you should be ok. Best you consult an accountant or tax attorney. Do not rely on a tax preparer; they can't assist you with the IRS, an accountant or attorney can.

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I am 28 now and fateher never paid child support to my mother. He lives in New York can I file for CS?

Assuming you are not a disabled adult, you cannot get child support from your father now under Maryland law. Your mother would have had to file before you turned 18 to be successful in Maryland. I have no idea whether you or your mother could get some sort of retroactive support under New York. You should contact a New York attorney.