Stuart Carter Axilbund’s Answers

Stuart Carter Axilbund

Baltimore Family Law Attorney.

Contributor Level 6
  1. Use and possesion

    Answered about 4 years ago.

    1. Stuart Carter Axilbund
    1 lawyer answer

    Yes. The parties are free to negotiate the terms of a use and possession order. If the parties cannot agree, the court can award use and posession for up to three years from the date of divorce.

    1 person marked this answer as helpful

  2. Child Support - Garnish Wages of new spouse

    Answered about 4 years ago.

    1. Stuart Carter Axilbund
    1 lawyer answer

    Your wages CANNOT be garnished. If you file a joint return, the IRS may intercept the refund. Under the IRS' "Innocent Spouse" doctrine, if this were to happen, you would be able to get the money back. To avoid this, however, it might consider filing a separate return.

    1 person marked this answer as helpful

  3. Will I go to jail or could I lose custody if I refuse to send my daughter for a visit to a foreign country?

    Answered over 1 year ago.

    1. Calli Diane Baldwin
    2. David Raymond Mahood
    3. Stuart Carter Axilbund
    4. Stephen R Rourke Esq.
    4 lawyer answers

    You should not disobey a court order. However, if you think your child might be at risk, you could file a request for an emergency hearing to stop the trip to Germany while you are litigating the change in legal custody.

  4. I AM THE BIOLOGICAL FATHER OF MY SON HIS MOTHER IS DECEASED WHILE I WAS INCARCERATED THE STATE OF MD GRANTED JOINT LEGAL CUSTODY

    Answered over 1 year ago.

    1. Stuart Carter Axilbund
    2. Stephen R Rourke Esq.
    2 lawyer answers

    If there is a court order giving your brother sole physical custody, then no, you can't go with the police to pick him up if your brother wo't let you have him. You would need to file for a modification of the court order.

  5. Does Maryland allow a Legal Separation? What would be the cons of it?

    Answered almost 2 years ago.

    1. Mark William Oakley
    2. Scott Michael Swafford
    3. Stuart Carter Axilbund
    4. Steven J. Scheinin
    4 lawyer answers

    Maryland doesn't have anything called a "legal separation." What Maryland has is something called a "limited divorce." This term is somewhat misleading because, in reality, it isn't really a divorce. Basically, it's a way to get termporary relief while you're waiting for grounds for an absolute divorce (often based on a one-year separation). When issue a limited divorce order, the court can award temporary custody, child support, alimony, etc. Please fee free to call my office with any other...

  6. Can I change the locks on my house to keep my husband out?

    Answered about 2 years ago.

    1. Rebecca Ann Fleming
    2. Michael Gene DeHaven
    3. Stuart Carter Axilbund
    4. Virginia Giselle Alvarez
    4 lawyer answers

    I might add that even if you did change the locks, if he's a co-owner of the house, it would not be illegal for him to break the new lock and reenter the premises. Please consult directly with an attorney before taking any action in this area.

  7. Can a person in prison be served by mail?

    Answered over 2 years ago.

    1. Keith R Havens
    2. Stuart Carter Axilbund
    2 lawyer answers

    You can serve a person in prison by sending the summons and complaint to the prisoner by certified mail, return receipt requested. Be sure to have the person's "inmate number" when you mail him/her. If you get the "green card" (i.e., return receipt) back in the mail and the prisoner personally signed it, then he/she has been served. You will need to file an Affidavit of Service, attaching a copy of the summons and green card, with the court. If the person is incarcerated outside the State of...

  8. What is judge willing to hear and act on in a settlement conference

    Answered over 2 years ago.

    1. Keith R Havens
    2. John C Belcher
    3. Stuart Carter Axilbund
    3 lawyer answers

    What happens at the settlement conference will depend in part on where the case is being heard and who the settlement judge is. Also important is whether the mother has an attorney. If this is the settlement conference (and not a scheduling conference), an effort will be made to settle the case and put an agreement on the record. This means that the judge tape records the settlement agreement and asks if you both understand its terms. Once the agreement in "on the record," you can't change your...

  9. Child Custody Family Grandparent Custody Guardianship Both parents died and left behind a baby?

    Answered over 2 years ago.

    1. Keith R Havens
    2. Jeffrey Lewis Kaplan
    3. Stuart Carter Axilbund
    3 lawyer answers

    The Department of Social Services generally tries to place orphaned children with family members. If both sets of grandparents want full custody of the baby, the DSS will do an investigation. It will then make a recommendation to the court as to the best interest of the baby, i.e., which set of grandparents would be better for the baby to be with. You should contact DSS and indicate that you are interested in having custody and adopting the baby as soon as possible. You should also know that if...

  10. Adultery

    Answered about 4 years ago.

    1. Stuart Carter Axilbund
    2. Andrew Daniel Myers
    2 lawyer answers

    If you are asking if sex outside the marriage constitutes adultery even after a limited divorce is entered, the answer is "yes," and the adultery can be grounds for the immediate filing of a complaint for absolute divorce.

410-832-7579