April Elaine Nelson’s Answers

April Elaine Nelson

Lutherville Timonium Family Law Attorney.

Contributor Level 8
  1. My husband of three years has been internet chatting and attempting to meet up with women in person, I asked for....

    Answered over 2 years ago.

    1. April Elaine Nelson
    2. Keith R Havens
    3. Barry Franklin Poulson
    3 lawyer answers

    Given the fact that he is currently still in the home, your best avenue is to Petition for a Limited Divorce and have the court make a temporary award as to the home and other potentially urgent issues (child support, etc). It is not clear from your post whether you are interested/ready to pursue divorce, but the Limited Divorce can give you the legal separation until enough time has passed to file for an absolute divorce if that is what you ultimately wish to pursue.

    1 lawyer agreed with this answer

  2. Is it considered theft if, while at work, someone finds a package, hands it to you, & you think, fleetingly, about keeping it?

    Answered over 3 years ago.

    1. April Elaine Nelson
    1 lawyer answer

    To answer your first question as to whether the action constitutes theft (as a criminal offense), the answer is no, based on the precise facts you state above. However, even if the money was not found on your person, if it could be shown that you were hiding it until such time as you could safely remove it, that's another story. It sounds like your real questions more concern whether or not you could be rightfully terminated because of the incident and/or whether or not the incident...

    1 person marked this answer as helpful

  3. My ex-wife receives half of my annuity her portion is $3000 a month.

    Answered over 1 year ago.

    1. April Elaine Nelson
    1 lawyer answer

    Whether or not you can appeal the judgement depends on when it was entered. You have 30 days to appeal a final judgement. However, in the event, you were actually before a Master and what you received were Master's Recommendations, you would have 10 days to respond with "exceptions" before it is entered as a judgment. As for the substance of the judgment, the court will look at your income, regardless of the source (private business vs. a job). I am unclear as to why your attorney was not able...

  4. Can I sue my landlord if I lost everything in a house fire and he did not have homeowners insurance?

    Answered about 2 years ago.

    1. Brian Wayne Ritter Jr.
    2. Nicholas Bernard Proy
    3. April Elaine Nelson
    4. Randy William Ferguson
    4 lawyer answers

    I agree with everything previously set out by my colleagues above, but I wanted to add that there could be potential liability to the landlord if it is shown that the fire was due to some negligence on his/her part (e.g. faulty wiring that he/she was on notice of, etc). April E. Nelson, MSW, Esq. NELSON LAW PRACTICE 2205 York Road, Suite 202 Lutherville-Timonium, Maryland 21093 PH. 443-968-1118 FAX. 443-378-8555 Disclaimer: Please note that this answer does not constitute legal...

  5. Is it legal for a college to charge for the service of printing transcripts, then refuse to mail them because of past due amts?

    Answered over 2 years ago.

    1. April Elaine Nelson
    2. Todd Bruce Kotler
    3. Christine C McCall
    3 lawyer answers

    I preface by saying that my answer isn't based in any solid law on the topic, but I am inclined to disagree with my two previous colleagues on basic contract principles. I can't see where you can justifiably be charged for a something you are not receiving, regardless of the reason you are not receiving it. Yes, the University has the right to hold your transcripts until the account is cleared, but that should have also prevented it from charging you for said transcripts. Sounds like a...

  6. I am a server and the establishment I work for is having a charity event where the staff donates 100% of tips. legal or not??

    Answered over 2 years ago.

    1. April Elaine Nelson
    2. Jason T Brown
    2 lawyer answers

    It is absolutely illegal to force you to work for under the legal minimum wage without the additional compensation of the tips. Perhaps there are other facts that would best be discussed with an attorney, but based on what you describe, the forced contribution while keeping your hourly rate at the "server's rate" is not permissible. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation...

  7. My son is almost one and his dad lives in pa and only has Fri and sat off other then that works 2pm to 10pm he want sole custody

    Answered about 3 years ago.

    1. April Elaine Nelson
    1 lawyer answer

    The fact that you live with your mother and have been staying home with your son are absolutely not reasons that would deprive you of custody. The court will look at factors such as who has been the primary caregiver thusfar, ability to care for child, etc. You need to speak with an attorney about this. If you can't afford one, consider contacting Maryland Legal Aid Bureau or the Pro Bono Resource Center of Maryland.

  8. As landlord, do I have any legal liability when a tenant furnishes alcohol to a minor child (17 year old)?

    Answered about 3 years ago.

    1. April Elaine Nelson
    1 lawyer answer

    The lease is a contract whereby the renter assumes the property in exchange for payment of the rent, therefore, the renter is liable for actions committed on the property, just as he has full rights to the property. Where you might have a potential problem is being present, but assuming the other party has legal leasehold of the property, that liability would likely only extend as far as it might to any other adult bystander. In essence, much more factual information is needed to give you a...

  9. How to be added back to lease?

    Answered about 3 years ago.

    1. Keith R Havens
    2. April Elaine Nelson
    2 lawyer answers

    Try Maryland Legal Aid Bureau (www.mdlab.org) or the Pro Bono Resource Center (www.mvlslaw.org) Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

  10. What Do I Need To Leave The State Of Maryland? ( Im 18 )

    Answered over 3 years ago.

    1. April Elaine Nelson
    2. Jac E Knust
    3. Eduardo Vidal Gonzalez y Torres
    4. Keith LaSalle Allen
    4 lawyer answers

    You do not need a passport to move between states. No documents are necessary for moving between states, but in order to establish residency (driver's license, etc), it will be best if you have your birth certificate, social security card and any current government identifications. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a...