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Neil William Tyra
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Neil Tyra’s Answers

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  • Can a mom make a man give an dna test, she is married to another man,her husband signed birth certh. knowing it might not be???

    my husband had a 1 night stand with a girl who is married to another man and that man signed the bith cert. knowing it might not be his. Can she force my husband to take an DNA test? he wants nothing to do with the baby either.if it was he doesnt ...

    Neil’s Answer

    This is one of my favorite kind of questions to answer. So to be clear, what your husband wants is to shirk all responsibility for the act that he committed that resulted in a child being brought into this world. Is that correct? And because the adulteress husband signed the birth certificate on the premise that he thought the child was his, your husband wants to use that to avoid his responsibility as a father. Because make no mistake, if the child is his, he IS a father to that child. The short answer to your direct question is YES, she can force your husband to submit to genetic testing in the form of a DNA swab test. The costs of doing so are split by both parties unless he is found NOT to be the father. Then the mother who requested the DNA test has to pay the full cost. If he is found to be the father, the mother can bring him into court and force him to pay child support - even if he wants nothing to do with his own child. But the State will hold him to his obligation to at least assist financially in the raising of the child that he, presumable, helped bring into the world.

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  • For Medicaid to cover nursing home care in Maryland, is an account with the patient named under "JT WROS" a countable asset?

    The patient is a widower and does not own a home. The item is a mutual fund account held for the past 10 years. The patient's adult son is primary on the account. All earnings have been reported under the son's name and tax ID. The son has pa...

    Neil’s Answer

    The short answer is YES. Assets that are owned jointly are presumed to belong solely to the applicant. But that is a presumption which might be overcome. There are possible ways to potentially alleviate the problem for instance by having the applicant withdraw the amount that can justifiable be attributed to his initial investment plus interest, retitling the fund, and using the money received to purchase an allowable assets (such as an annuity or burial package). So it's tricky. If the fund is not substantial, then perhaps the applicant takes the hit and waits out the penalty period and then reapplies. Thus, a visit to a medicaid planning or elder law attorney is well advised. Good luck!

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  • I'm a single woman trying to find a man to impregnate me. How do i protect myself from being sued for the custody of the child?

    Im a 44 year old woman trying to have a baby on her own by finding a sperm donor. I want to prepare a legal document that will allow him to sign off his legal rights to this child ; meaning he can never sue me for the custody or whatsoever the cas...

    Neil’s Answer

    These are very complex questions as the law is only now sorting out the rights of parents who chose these technologies that are available now. You are very smart to be considering these questions regarding your planned course of action. Perhaps the easiest alternative is to work through a recognized fertility clinic that provides anonymous donors so as to mitigate this type of risk. If you are set on a known donor, then you really need to work with an experienced attorney to fashion the protection you are looking for. But as Evan suggests, even then the court would always exercise its right of jurisdiction if it felt that it was in the best interests of the child to do so. I have a good friend who took the anonymous route for just this reason. And by the way, her daughter is beautiful and healthy. Best of luck to you.

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  • What rights do I have by being a stay at home mom for 7 years in a divorce?

    We have a son together and He is the only one that works and brings home the money. We have one car which is in his name and the house is in his name. Its like I have nothing but we are married

    Neil’s Answer

    In terms of property, the general rule is that marital property is ANY property acquired after the marriage REGARDLESS of how it is titled. With a few exceptions, let that be your guiding principle. You don't say whether or not you are seeking a divorce. If you are, you may be entitled to spousal support, definitely child support, and perhaps even a lump sum payment. The devil is in the details. If you are considering a divorce, then it is important that you speak with an attorney who can properly assess your situation. Good luck!

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  • Engaged to a man in the Navy but have a kid with someone else and going to be moving.

    I have a 4 yr old daughter but I am engaged and pregnant by someone in the navy. Her father left me when I was pregnant but is an active father to her. He lives in Newark, Delaware and I live in Elkton, Md. I have been with my fiance for two years...

    Neil’s Answer

    You don't say whether or not you have been awarded custody of your 4 yr old or not. If so, that custody order should provide some clue as to what you can expect if you decide to move. If there is no order, then the father may very well try to obtain at least some level of court ordered visitation. Chances are that since you have had physical custody of her since birth, it is not likely that they could wrestle that away from you. But he could get, and deserves, some level of visitation.
    It is a good idea for you to sit down with the child's father and explain the circumstances. Perhaps the two of you can work out a visitation schedule in which your daughter gets to spend time, perhaps a good amount of it, in Elton with her father and family in exchange for the loss of more regular time that he enjoys now. After all, you are taking his daughter, one that you say he has been an active father to, away from him. So if you don't want a protracted legal battle you are going to have to take his needs and rights into account. Simply saying you have to follow your fiancé to Virginia Beach and take his daughter with you isn't going to cut it. Since you are the one moving out of the area, you will probably have to give up more than you might want to avoid a battle - say alternating holidays, and extended summer vacation, and significant time over winter and/or spring breaks. You are going to have to show him, and his family, that you are sensitive to their needs and that of your daughter and you want to do what's best. Whatever you come up with, it should be put in writing. A family law attorney can assist you with that. Good luck!

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  • Do we need to mediate terms for our separation agreement if we have agreed to all the terms?

    My spouse and I have completed a separation agreement online. We have agreed to all of the terms. The only question for debate is the amount of child support my spouse will agree. I tell him that it isn't up to either one of us to decide the amo...

    Neil’s Answer

    If you have agreed to all of the substantive issues and have formalized that agreement in writing and preferably with notarized signatures, then NO, mediation does not seem warranted. If you have not already had your Scheduling Hearing, you can tell the court when you do that you have reached an agreement and all you need is an uncontested hearing date. If you have already had your Scheduling Hearing and mediation was ordered, then you need to contact your caseworker in the family services division and let them know you have reached an agreement and see if you can get the mediation removed. As for child support, it is governed by guidelines set by the legislature. There are a few data points that you plug into the equation and the resulting obligation is presumed to be appropriate. You can go online and access the Maryland child support calculator to get a pretty good idea what the court would order. If you want to deviate from that number, then you have to go to court and convince the judge that your deviation is in the best interests of the child - a pretty high hurdle to overcome. Good luck!

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  • Auto accident claim denied. Do I have legal recourse?

    I was involved in a t-bone accident at a lighted intersection last month. I had a green light, and was hit on the drivers side as I entered the intersection. I filed a claim with the other man's insurance, and for the last month they have been try...

    Neil’s Answer

    • Selected as best answer

    Of course you have grounds for a lawsuit. But first, the question has to be asked, "Were you injured and did you receive or are you receiving medical treatment?" Because unless that answer is YES, there isn't any reason to sue. You should contact your own auto insurance and report the claim. They will deal with the other driver's insurance company and resolve the issue of property damage. As for bodily injury, if you weren't injured there is no reason to sue. If you were injured, had the green light, then liability lies in your favor and a personal injury attorney could definitely be of assistance. Good luck!

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  • Will there have to be a hearing if both parties agree not to know dna?

    I want to file for paternity/visitation and the childs mother agrees she doesn't know for sure if i am the father. If I file and she answers she doesn't have enough information can the court order the test without a hearing?

    Neil’s Answer

    Usually there is a scheduling hearing right away at which point either you both can agree to paternity testing or the court can order it. If it comes back that you are the father, then the proceedings will continue and hearings may be involved unless you agree to visitation - and probably, child support. Good luck.

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  • Separated but no separation agreement or limited divorce. Will I be held responsible for husband's debt/credit?

    I moved out about 2 months ago and am waiting out the year before I can file for absolute divorce. We did not draft any separation agreement or file for limited divorce. We have no children and no joint property. We were only married for 6 months ...

    Neil’s Answer

    Husband's debt accrued prior to the marriage in his name only is personal to him and can't blow back on you. Only debt that is in both your names or yours alone falls to you. His personal bankruptcy also has no effect on your situation. Check your credit score frequently. Make sure he doesn't take out a new loan with your name on it (a probably criminal offense) to pay off his prior debts. You can also send a pre-emptive letter to the major credit score folks putting them on notice that you are separated and not responsible for any future debt accrued by your husband. Good luck!

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  • In state of MD Is it expensive to deed property in a trust as a successor trustee to potential benificiary? What is process?

    Benificiary will inherit requested property upon death of my mother for which I am successor trustee. The Benificiary would like possession of property( in trust) earlier that is why he is requesting deeding of the property to him. Is there a n...

    Neil’s Answer

    I think it depends on how the trust is written. I assume that the property is currently titled in the name of the trust and that the trust document indicates that upon your mother's death it is to be passed to the beneficiary. While it would appear that there is no one to challenge what is being requested (i.e. The sole beneficiary would like the property early) it gets a bit complicated as to whether or not you have the fiduciary responsibility to adhere to the trust document completely. If there trust is written such that you have the authority to gift then perhaps there is less impediment to doing so. You should be concerned about the tax implications of gifting the property out of the trust as opposed to having it pass as an inheritance from the trust. As for the fees, the simple act of reworking the deed isn't that expensive. But, if there is a transfer fee or tax and/or legal work needed to obtain the authority, then those quotes may be accurate. Best plan - consult a trusts and estates attorney who can advise you once given all of the facts. Good luck!

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