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Carlos Mariano Lastra
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Carlos Lastra’s Answers

28 total

  • Dad assaultedmewhile drunk. Already wasInjured recovering from Operaioinwill that help me in court i mean i still in PysicTHEAr

    I got injured at my work right hand threetendons cut had to get surgery. Still am recovering have to under go lots of pysical therapy even though with all that my dad attacked because he was drunk start yelling then assaulted me if got hurt my...

    Carlos’s Answer

    You may file a Petition for a Protective Order. See the link below for additional information and how to do so.

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  • Question about courts

    We are planning to get joint custody of my husband son and when we go to court we don't want the boys mother to say oh well he not a good father becasue he didn't give my son gifts for christmas or his birthday, we don't celebrate hoildays can th...

    Carlos’s Answer

    The Judge does not have the authority under Maryland law to order the purchase of birthday or holiday gifts for a child.

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  • Can a male parent be sued for child support even when he does almost everything i.e school supply, clothes, toys ,school uniform

    And he spends some days with the child?

    Carlos’s Answer

    A male parent may be sued for child support even given the facts in your question. The key to answering your question is how much in child support may the parent be sued for. The most significant factors in determining an amount will be the incomes of the parents as well as the amount of overnights the child spends with each. Considering incomes, if the combined income is less than $10,000 monthly then a straight calculation from the guidelines determines the amount. A link to the guidelines calculations is included below. If combined income is more than $10,000 per month, then the Court has discretion to arrive at the amount, which usually is a function of the child's expenses and proportion of incomes, although the Court may use extrapolated guidelines, but only as a guide. Income may be imputed if either parent is voluntarily impoverished (unemployed or under-employed). A schedule of overnights of greater than 35% of the overnights reduces the amount of child support as well, since the guidelines presume that the parents are each spending on the child in greater amounts when they are with each parent based on the number of overnights in this shared custody model. At the end, whatever amount of child support either parent should be spending in accordance with the guidelines, that amount assumes that the money includes the category of expenses you set forth as school supply, clothes, toys, school uniform. In other words, if you are ordered to pay child support, that money is to be used to pay for those expenses you included in your question.

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  • Question about legal custody???

    How long after you file joint legal custody and sevre the other party with there paper do you go to court???

    Carlos’s Answer

    After service, your next court appearance will be at a scheduling conference. This typically is set within a 30-60 day time period, making sure the Court does not ignore the setting of this date. At the scheduling conference, depending on the amount of time it will take to present your matter, including call witnesses, admitting documents, presenting argument, etc., as well as the discovery period (time when you can take depositions, issue subpoenas, etc., in preparation for trial) needed before trial, the Court will schedule the matter for trial within four to six months depending on parties' and counsels' availability on the first available dates the Court has to set the matter.

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  • Hi my son has this bio father last name,I would like to change it???

    My son has his bio father last name, I would like to change it for a number of reasons, first is I am married now and i have other children with my husband now and we all have the same last name excepted my son, also his bio father was very abusiv...

    Carlos’s Answer

    You may file a Petition for Name Change. The Petition must be served on the child's father consistent with Maryland rules and the father may file an Objection to the name change. After the requisite time period, the Court may then have a hearing on your Petition or rule on the papers. At the hearing you can present the reasons for the name change. In your Petition you will have to request the Court to keep your address secret from the father of your son and have a good basis to do so - prior abuse, domestic violence should suffice.

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  • My income has increased within the last year. my ex is voluntarily under employed. how do i keep the child support the same?

    he is voluntarily under employed because his parents pay for everything. the medical insurance i pay for the child is equal to the amount of the child support disbursed every month. if calculated correctly, the support will be cut in half. its jus...

    Carlos’s Answer

    If you have not done so already, you should consider running some child support guideline calculations to get a handle on the amounts you may be looking at. Obviously, how much your income has increased will be a factor, but it should not be a dollar for dollar increase. In addition, your payment of medical insurance for the children should be credited to you in the calculations. If your ex is found to be voluntarily under employed by the Court, the Judge may impute income to him consistent with the levels they have been historically and/or based on his ability to earn from a market place perspective based on his resume. Further, to the extent that his parents pay his expenses, Maryland law permits the court to add these expenses back into his income for child support calculation purposes because he is not paying them and thus these expenses are not reducing his income. Running the guidelines as suggested earlier will give you a sense and how to approach the ex. For example, if you would prefer to stay out of Court, his arrival at the belief that child support would be based on what he could make versus what he is making might make him think twice about going back for a reduction, since he might end up in a worse situation; especially given the costs for doing so including attorney's fees. That might keep him out of Court and thus child support would not change. Hope this helps.

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  • My sister needs to divorce her husband who's out of the country since 2002 and can't return.

    They have no children together. His name is on her pension. Does he need to be served or can she file for divorce without his consent?

    Carlos’s Answer

    Your sister may file for divorce if grounds exists under Maryland law, such as adultery, desertion, voluntary separation, two year separation, cruelty of treatment, and excessively vicious conduct, etc., as defined by the Maryland code. The length of time they have lived separate and apart would effect, with exception to adultery, whether she could file for a limited or absolute divorce. She does not need his consent to a divorce once a valid ground exists which she can prove. Her husband would be entitled to service of the complaint for divorce, but depending on the quality of the valid attempts to secure personal service, the Court might be persuaded to permit other forms of service.

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  • Can I get a divorce under the grounds of adultery?

    I want to file for divorce under the grounds of adultery. My husband committed adultery on a trip out of the country and admitted to it. We had been living apart for about 2 months when this happened. What kind of evidence can I provide if I do...

    Carlos’s Answer

    Any evidence you may secure must establish by the greater weight of the evidence (i.e., preponderance of the evidence) that adultery occurred. Direct evidence of the carnal act is not required and does not have to be witnessed. In other words, circumstantial evidence of adultery is sufficient. However, proof by circumstantial evidence does require that you prove that your Husband and the paramour had both the opportunity and disposition to commit the offense. Examples of opportunity would be spending the night together in the same hotel room, house, etc. Disposition might be a public display of intimacy observed by others that would infer the commission of adultery. Either could be proven by the parties' actions towards each other given the circumstances. Often, private investigators are used to prove adultery by establishing through surveillance the opportunity and disposition. For example, spending the night together and then holding hands or kissing. The rules of discovery could afford the ability to track down the information you would need to prove your case for adultery including by way of example, securing by subpoena e-mails, chat room postings, text messages, credit card statements, phone and hotel records, just to name a few. In fact, discovery could lead to the identity of the paramour who you could then subpoena to trial and/or deposition to further prove your case.

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  • Can the custodial parent have the non custodial parent ordered to drug and alcohol testing before each visit?

    I have full custody of my daughter and visitation is upon mutual agreement between both parties. Is there a petition that I can file to have him drug and alcohol tested before any visit?

    Carlos’s Answer

    If there is sufficient proof to prove by a preponderance of the evidence that conducting such tests before each visit are in your child's best interests the Court may order that done. You would have to file a Petition with the Court making that request, meet the necessary burden of proof, and argue to the Court why its in your child best interests. If there is already an Order in place, you would have to modify it upon the showing of a material change of circumstances.

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  • Where should I file for divorce if i live in Germantown MD?

    I was married in Fairfax County VA but now I live in Germantown, MD. where can I file for a divorce in Fairfax county court or Montgomery county court. can you please provide me with the right website where should I file and how to get the docu...

    Carlos’s Answer

    You can file in Maryland if you have lived there for more than one year prior to filing for divorce OR prior to that time period if the grounds for divorce occurred in the state of Maryland. For example, you moved to Maryland with your spouse and then your spouse deserted you, or committed adultery, etc. You can look at the following website: http://www.montgomerycountymd.gov/ciatmpl.asp?url=/content/circuitcourt/index.asp.

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