Robert L. Flanagan’s Answers

Robert L. Flanagan

Columbia Divorce / Separation Lawyer.

Contributor Level 8
  1. So confused...

    Answered about 1 month ago.

    1. Robert L. Flanagan
    2. Timothy Joseph Mummert
    3. Harry Brett Siegel
    3 lawyer answers

    Jurisdiction over custody and visitation is a separate issue from child support enforcement. Maryland issued the original custody order and retains jurisdiction. You can file contempt or complaint for enforcement or complaint for modification in Maryland. If you file something in Delaware, you may subject yourself to jurisdiction over child support issues, that may not exist now. Delaware child enforcement is acting properly in moving to enforce garnishment in Virginia. That issue is separate...

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  2. When will my child support stop in my joint custody case in MD?

    Answered 4 months ago.

    1. Robert L. Flanagan
    2. Evan Michael Koslow
    2 lawyer answers

    If you have no agreement to continue child support, you duty to pay ends when your child turns 18 years of age unless she is still attending high school. If she is in high school, it will continue until she graduates but in no event past her 19th birthday. This rule does not need to be in your child support order. It's in the child support statute.

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  3. During separation and no custody agreement, can I stop my husband to take the child out of state?

    Answered almost 5 years ago.

    1. Robert L. Flanagan
    2. Theodore Lyons Araujo
    3. Deborah A. L. Iwanyshyn
    3 lawyer answers

    Since you have no agreement and no court order, either one of you is entitled to possession of the child. Since he has possession and will not return the child, you have no recourse, except going to court. If you do not have a lawyer, the Clerk of the Court has forms to use in representing yourself. I suggest that you go to the office of the Clerk of the Court for the Circuit Court and file a complaint for custody.

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  4. Bankruptcy

    Answered 4 months ago.

    1. Evan Michael Koslow
    2. Jeffrey P Nesson
    3. Seth W Diamond
    4. David Raymond Mahood
    5. Tony Anthony
    6. ···
    8 lawyer answers

    Yes you can do so. However you do not say why you would apply for bankruptcy. Do you expect that it would have an impact on your rights, duties or obligations in a divorce case? There may be strategic issues that should be discussed with your divorce lawyer before you file for bankruptcy.

    2 lawyers agreed with this answer

  5. Restraining orders against ex in another state

    Answered about 1 month ago.

    1. Michael Alexander Ostroff
    2. Robert L. Flanagan
    3. Kevin H. Pate
    3 lawyer answers

    You should hire a lawyer to send her a letter demanding that she cease and desist all communications, including phone calls/texts to you or your office and emails. If she continues after the letter is sent, you have several options including preferring criminal charges and requesting a peace order. As my colleague advised, you need to consider which jurisdiction is most appropriate. Jurisdiction over this type of conduct is an area of the law in flux. It will require careful scrutiny

    1 lawyer agreed with this answer

  6. Owe money to lawyer

    Answered 2 months ago.

    1. Brandy Ann Peeples
    2. Victor Emanuel Romao Palmeiro
    3. Robert L. Flanagan
    4. Bruce Ward Bain
    5. Vail Ariel Kaufman
    6. ···
    7 lawyer answers

    No. I am assuming that this is a lawyer you hired. If there is court order directing you to pay someone else's lawyer you have an entirely different situation.

    1 lawyer agreed with this answer

  7. My ex boyfriend disappeared with a car we had a joint loan on and hasn't made a payment in 7 months

    Answered 3 months ago.

    1. Robert L. Flanagan
    1 lawyer answer

    The lender is entitled to be paid and you are both jointly and severally liable. If your boyfriend does not pay, you are liable regardless of your agreement with him. You might explore ways to cooperate with the lender so that the company can obtain possession of the vehicle and put it up for option. This would stop the financial bleeding.

    1 lawyer agreed with this answer

  8. My male friend is still legally married. his wife resides in MD and he in AL. They have not resided together since 2006.

    Answered about 4 years ago.

    1. Robert L. Flanagan
    2. Lisa Michelle Harris
    2 lawyer answers

    your question does not specify where they lived together as man and wife. If it was Maryland, property issues will be covered by our state's Marital Property Law. The court can enter an order that transfers title to only limited classes of property. For example, retirement accounts, pensions and "family use personal property". However all property acquired during marriage (unless acquired by gift or inheritance or excluded by an agreement) are included as "marital property". At the...

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  9. In Maryland, is it still considered Adultery if you are separated and not living with the spouse for a period of time?

    Answered about 5 years ago.

    1. Jedidiah Ira Sorokin-Altmann
    2. Robert L. Flanagan
    3. Stuart H Grozbean
    4. David Alexander Browde
    4 lawyer answers

    Yes, it is adultery. However, the question to ask is not "Am I allowed to date?" The right question is "Should I date?" There is not a simple yes or no answer to this legal question. Having sex before your divorce is technically adultery, but its effect on your goals in the divorce is another matter. Many parties date after separating without any adverse consequences. The significance of dating in your situation will depend on many factors. If you have any doubts, I suggest you talk this...

    1 person marked this answer as helpful

  10. I want use and possession of the marital home.

    Answered about 5 years ago.

    1. William C Wood
    2. Robert L. Flanagan
    3. Theodore W. Robinson
    3 lawyer answers

    The court may award to a custodial parent, use and possession of the family home for up to three years from the date of the divorce. This is intended to give the children the continuity that they need. If you are going to be the custodial parent you can expect child support. It sounds like you may be a candidate for alimony as well. Usually alimony is used to give a spouse time to get up to speed in becoming self supporting. Alimony depends on a number of factors that the court must consider

    1 person marked this answer as helpful