Carlos Mariano Lastra’s Answers

Carlos Mariano Lastra

Bethesda Divorce / Separation Lawyer.

Contributor Level 9
  1. Can I get emergency custody of my step daughter?

    Answered over 4 years ago.

    1. Carlos Mariano Lastra
    1 lawyer answer

    You may consider filing for a Guardianship proceeding over the child. You should consult legal counsel.

  2. Can I subpeona someones lease to prove their place of residence for a childsupport case?

    Answered over 4 years ago.

    1. Carlos Mariano Lastra
    1 lawyer answer

    You may issue a subpoena to secure the lease using a Maryland subpoena if the entity you seek to subpoena is located in the state of Maryland, you have an active case, and depending on the procedural status of the case, may do so in the form of a subpoena duces tecum for deposition or trial. If the entity is outside the state of Maryland (e.g., District of Columbia), there will be other requirements that you will need to meet.

  3. What can i do to take my child which is unborn away from its mother when it is born?

    Answered over 4 years ago.

    1. Carlos Mariano Lastra
    1 lawyer answer

    Assuming that the mother does not dispute your paternity of the child, and you wish to acknowledge the child as yours, you would file for custody of the child.

  4. Can a stepparent be a legal guardian?

    Answered over 4 years ago.

    1. Carlos Mariano Lastra
    1 lawyer answer

    Marriage alone would not make you the legal guardian of your now fiance's children. Permission as you put it might be achieved through a guardian petition. You should seek counsel.

  5. Alimony and child support

    Answered over 4 years ago.

    1. Carlos Mariano Lastra
    1 lawyer answer

    There are a number of factors the Court must consider when deciding whether to award alimony, including, among others, the length of the marriage, your needs, your ability to support yourself, his ability to pay, and any other factor the Court should consider in reaching its determination. The respective financial circumstances of the potential receiver and payor will drive whether or not the Court will award alimony and how much. Whether your son will receive child support will depend on...

  6. Ex is getting unemployment. Is there a percentage of unemployment I get for my alimony payment.

    Answered over 4 years ago.

    1. Carlos Mariano Lastra
    2 lawyer answers

    Unlike child support, the Courts in Maryland have not adopted the use of guidelines to determine what, if any, amount would be appropriate in any given case. Nevertheless, the amount that should be paid takes into account, among several factors, the alimony claimant's economic needs, after considering their ability to sustain those needs, balanced against the alimony payor's ability to pay alimony after covering his or her expenses. Somewhere in between those two positions is the proper...

  7. Ex is getting unemployment. Is there a percentage of unemployment I get for my alimony payment.

    Answered over 4 years ago.

    1. Carlos Mariano Lastra
    2 lawyer answers

    Unlike child support, the Courts in Maryland have not adopted the use of guidelines to determine what, if any, amount would be appropriate in any given case. Nevertheless, the amount that should be paid takes into account, among several factors, the alimony claimant's economic needs, after considering their ability to sustain those needs, balanced against the alimony payor's ability to pay alimony after covering his or her expenses. Somewhere in between those two positions is the proper...

  8. Alimony

    Answered over 4 years ago.

    1. Carlos Mariano Lastra
    1 lawyer answer

    While the length of the marriage is one of the factors the Court must consider in determining alimony, there is no minimum duration necessary in order to entitle a claimant to receive alimony.

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