Kenneth P Barnhart’s Answers

Kenneth P Barnhart

Baltimore Litigation Lawyer.

Contributor Level 8
  1. Understanding the wording in my divorce agreement.

    Answered about 6 years ago.

    1. Kenneth P Barnhart
    1 lawyer answer

    If an Agreement is "incorporated but not merged" into a Judgment of Absolute Divorce, it means that the Agreement can be enforced either as a contract or as a court order. For example, if your ex failed to pay you money that was due under the Agreement, you could file an ordinary contract law suit against your ex, or you could ask the court to find your ex in contempt of the Judgment. If the Agreement were merged into the Judgment, you could not file an ordinary contract suit. If it were...

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  2. Child custody, family laws in maryland, siblings right to visit brother

    Answered about 6 years ago.

    1. Kenneth P Barnhart
    1 lawyer answer

    Yes, if a court determines that it is in the best interest of you and your brother to visit each other. I do not believe that any Maryland appellate court has ever issued an opinion on this issue, but there is no reason why siblings separated by divorce should not have a right to visit each other. For example, the courts have permitted a step parent who did not adopt a minor child to have visitation after the step parent and the natural parent divorced. I would argue that siblings have a...

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  3. Maryland domestic violence laws

    Answered about 6 years ago.

    1. Kenneth P Barnhart
    1 lawyer answer

    Tell the truth or say nothing. The fact that it was mutual is not enough to defeat a request for a protective order if the violence meets the statutory standard. The mutuality or violence does give you a right to get a protective order against your wife. Consider asking your wife to agree to a mutual stay away order by consent. She gets protection. You get protection. And, there is no court finding of domestic violence (because both parties consented to the order).

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  4. Maryland divorce law, separate and community property/debt

    Answered about 6 years ago.

    1. Kenneth P Barnhart
    2. Gabriel Cheong
    2 lawyer answers

    The wife can go to a Maryland District Court and file for a protective order based upon husband's threat to kill her and the child. As part of the relief under the protective order, she can request that the husband be ordered to leave the family home, stay away from her, the child, the home, the workplace, the school and so on. She can also reqest that the husband be ordered to pay support so that she can afford to stay in the home. Initially, if she goes to court during normal business...

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  5. Maryland Child Support Show cause hearing-I am pro se ( he is in the Arrears)

    Answered about 6 years ago.

    1. Kenneth P Barnhart
    1 lawyer answer

    You should expect that Dad will be ordered to pay child support directly to you. Dad does not get to choose where to pay or how to spend child support payments. The court almost certainly will not hear from the children - what they have to say is not going to be relevant to any of the issues at the hearing. If the court finds Dad in contempt, it will likely set a dollar amount (called the purge amount) that he will have to pay by a specified date in order to avoid further santions.

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  6. Property dispute between co-owners and possible mortgage fraud

    Answered about 6 years ago.

    1. Kenneth P Barnhart
    1 lawyer answer

    You may have a claim against both your ex and the mortgage company and whoever conducted the closing and maybe even the notary, depending on the facts. A crucial fact is what were the provisions of the "signed contract" and any other documents that you signed. For example, did you give anyone a power of attorney? Also, did you notify the mortgage company of the fraud and for how long did you know what happened before you notified the mortgage company? A court is going to be reluctant to...

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  7. What costs and fees are associated in filing for divorce

    Answered about 6 years ago.

    1. Kenneth P Barnhart
    2. John M. Kaman
    2 lawyer answers

    The cost for filing a Complaint is $105. The Complaint must be served on your spouse, and the cost for this will vary depending on you it is done. The County Sheriff, for example, may charge $30 or so. Other costs depend on what matters are at issue. You may be referred to a mediator, which, in some cases, could require you to split the mediator's fee with your spouse. This could run $200 or more. As far as attorney's fee go, the cost is directly proportional to the complexity of the...

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  8. Child Support/ Custody

    Answered about 6 years ago.

    1. Kenneth P Barnhart
    1 lawyer answer

    If you and the children have lived in Maryland for six months, you can file in Maryland to modify custody. You could couple that filing with a motion to modify child support, especially if the summer camps amount to work-related childcare. (Payment of such expenses goes into the support formula under the MD Child Support Guidelines) As for your other problem, parents who cannot be depended upon in access and visitation matters are a big problem, but I am not aware of any way to force one of...

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  9. Orders and judgements

    Answered about 6 years ago.

    1. Kenneth P Barnhart
    2. Avvo Staff Moderator
    2 lawyer answers

    As a general rule, no, the order that was reversed is no longer in effect and does not need to be followed. However, and this is a big however, there may very well be circumstances in which it would be in your best interest to refrain from doing anything contrary to the order that was reversed. I strongly suggest that you consult with competent legal counsel before taking any action.

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  10. Mother threats...what can I do?

    Answered about 6 years ago.

    1. Kenneth P Barnhart
    1 lawyer answer

    Do the very best job that you can do in raising your son. Right now, you do not have a legal problem - so long as there is no court order to the contrary, you and the father of your child(ren) share joint legal and physical custody. If your mother wants custody, she will have to go to court. The court will decide the case based upon what is in the best interest of the child(ren). If the mother and father are fit parents, they will have a huge advantage over a grandparent in a custody...

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