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Thomas K. Mallon

Thomas Mallon’s Answers

298 total


  • Can my father in law evict me from my marital home? Or is my husband just trying to shake me up?

    I have a protective order against my husband. The home has been awarded to my 2 kids and I as we go through this. Divorce papers have been filed. Our marital home is deeded to him and my father in law. The house was purchased 5 years ago and we've...

    Thomas’s Answer

    Evictions are filed in District Court. These cases can be appealed to Circuit Court so even if a Judge was inclined to grant such a request, that decision could still be appealed in Circuit Court. Since Circuit Court is where you filed your divorce, it is even less likely that your father in law wouldbe successful there. Based on the facts you provided it is highly unlikely that your father in law would be successful at the Distrcit Court Level, but even if he was, you still have a remedy that is even more unlikely to see him being sucessful.

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  • I need an attorney to file a QDRO and what the fee amount would be and how long it would take

    My divorce is final and I have to get a Qualified Domestic Relations Order for the division of my ex's 401k. The order states a specified dollar amount not a percentage so there will be no bickering about amounts. I need an attorney to file this...

    Thomas’s Answer

    I'm not sure why you are having trouble. How many attorneys have you called and checked with?

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  • Can I do anything to try and explain that I just do not make enough money to pay what he has recommended?

    I have been divorced since June of 2015 (roughly 8 months). In that time after making my first handful of child support payments, I unfortunately lost my job. In that time I could not make any payments. I worked hard to get a new job and did. An...

    Thomas’s Answer

    Would you like the good news or the bad news. I'm a "the glass is full" kind of person, so here is the good news. The goog news is you can afford an attorney. If you are still unemployed, you should call the Maryland Volunteer Lawyers Association. If you are employed and not making alot of money, you can try Civil Justice or your local bar association for a reduced fee attorney. Most bar association (look for yours by county), also have probono (free) attorneys that can help you file the proper paperwork.

    The bad news is that these place do not usually handle exceptions to a Magistrate's report. So you will need to consult with someone regarding the filing of a Modification of Child Support. You income will not be reduced to zero, but should improve the amount you are likely to be orders to pay. Good luck.

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  • When i can get married after the final sign?

    i've been separate with my wife for 7 years.we decided to complain a divorce 1 year ago.tomorrow we have an appointment with lawyer for final sign.the agreement was settled couple months ago. i have a new fiance and we would like to get married as...

    Thomas’s Answer

    You cannot get married again until you get a Judgment of Divorce. This needs to be signed by a Judge, not just the magistrate. It is irrelevant when you signed your separation agreement.

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  • What I want to know is, if I start to make a profit will he be entitled to any of it in our divorce?!

    I am currently seperated from my husband. We were married in the state of Maryland so there are no "legal seperations". I am looking to form an LLC without him, of course.

    Thomas’s Answer

    Your husband can always make a claim whiile you are still married. The strength and likihood of success are another matter altogether. You should see an experienced attorney so that you can give an entire picture of your case before any conclusions can be drawn.

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  • Ex has custody but bad hygiene

    My ex husband has full custody of our kids. He lets me cut our sons hair whenever I feel it needs to be done. Out daughter has super long hair and is 3. When I pick her up her hair has day old food in it and knots like no other. Do I have to get h...

    Thomas’s Answer

    Who exactly are you looking to get permission from? A parent who has phsical custody of their can make the day to day decisions about their children, what time they get up, what they eat, what they wear to school, etc...Cutting a child's hair is arguably one of those decisions, unless a child's hair must be a certain way for religious reasons (I'm not really sure how that would come up, but I guess it might). As a general proposition, you should discuss it with the father first, and your daughter for that matter. Try and maintain the same general civility when you were together, you know before the fighting, when the two or you actually talked about things. Good luck.

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  • My daughters school won't give me any information about her schooling or contract because I'm not on the contract.

    I have joint legal custody, u was not included in the choice of school or any discussion, in the court order is days all decisions must be discussed between patents. Mother also refuses to let me have a copy of school agreement. Can I force the...

    Thomas’s Answer

    The school is required to by statute to provide all of your child's information. If they refuse to do so, I would ask them who their corporate attorney was so you may contact the attorney. If they provide you with that information I would call immediately and let the attorney know what is going on. Hopefully their attorney will correct them and let them know what the applicable law is. If not, you may want to seek out an attorney for assistance.

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  • Do I need to file custody modification paperwork or can I have a third party do it for me?

    I will be filling the paperwork out but I do not always have the time to drive the distance to the courthouse to drop it off. I will not be using a lawyer

    Thomas’s Answer

    There is no requirement that paperwork filed with the court be done in person.

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  • Is there a divorce attorney pro bono near Cockeysville?

    I'm in settlement stage with trail pending in December. I have nothing so been going pro se until now when I'm scared to death my wife and her lawyer have tricked me and now I'm stuck.

    Thomas’s Answer

    You obviously value the opinion and advice of a lawyer, but don't want to pay for one. That is a tough thing to ask, particularly without listing any reasons why. As Mr. Sher points out you may qualify for assistance at either the Maryland Volunteer Lawyer Referal Service or the Baltimore County Lawyer Referal Service. You must qualify for these services based on your income. Good luck. Make sure you give ample time before any hearing so any attorney who might be able to help has the time needed to prepare.

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  • I am a divorced female for 5yrs this October. When my ex filed for divorce his I told his lawyer all I wanted to have his name

    Removed from the deed. Did not happen now I need to remind everyone his name ASAP since he said if anything happens to me the property is His. I don't think so HELP PLEASE.

    Thomas’s Answer

    If his name is still on the deed and you were to meet with an untimely death, the property would be his. You should have removed his name 5 years ago, but there may have been other obsticals in your way, such as the mortgage and his lack of cooperation. If you had an agreement (written agreement) from the divorce, you can stillhave his name removed. If you did not have a written agreeement you can get a transcript of the proceedings to have his interest removed if it was part of the transcript or what was placed on the record. If all you did was tell his lawyer what you want, and not one did anything more than that, it does not mean much. I want it to be sunny tomorrow, that may or may not happen. If I have an agreement someone will sign a quick claim deed with a certain period of time, however, I can have that enforced. You need to speak with an attorney in person and provide them with ALL of your documentation. if you do not have the documentation, go get it from the court so you are not wasting time. If you had no agreement, you can now file a complaint for sale and partician to sell the property and force his removal, but that would also mean selling the property, which the two of you now own as tenants in common. Good luck.

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