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Carlos Mariano Lastra
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Carlos Lastra’s Answers

28 total

  • Can I get emergency custody of my step daughter?

    Her and her mother have been living in FL since 07. We normally were able to see her once or twice a year. They moved back to MD and her mother is spiraling out of control. She has had cps called on her at least 4 times in the past month. her fami...

    Carlos’s Answer

    You may consider filing for a Guardianship proceeding over the child. You should consult legal counsel.

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  • Can I subpeona someones lease to prove their place of residence for a childsupport case?

    The non-custodial parent of my child and his current girlfriend live together. She is taking him to court for child support for their child. They are both using their parents address.It is my understanding that they can not do this because they re...

    Carlos’s Answer

    You may issue a subpoena to secure the lease using a Maryland subpoena if the entity you seek to subpoena is located in the state of Maryland, you have an active case, and depending on the procedural status of the case, may do so in the form of a subpoena duces tecum for deposition or trial. If the entity is outside the state of Maryland (e.g., District of Columbia), there will be other requirements that you will need to meet.

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  • What can i do to take my child which is unborn away from its mother when it is born?

    She has been abused from her ex. had him arrested. now he is out. possilby gonna kill my kids by punchin her in the stomach...

    Carlos’s Answer

    Assuming that the mother does not dispute your paternity of the child, and you wish to acknowledge the child as yours, you would file for custody of the child.

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  • Can a stepparent be a legal guardian?

    My fiance has full cusody of his 4 children. The birth mom abandoned them and was out of their lives for about 2 years. She then got visitation rights a few months ago. She is supposed to visit with them every other Saturday from 10 am - 4 pm but ...

    Carlos’s Answer

    Marriage alone would not make you the legal guardian of your now fiance's children. Permission as you put it might be achieved through a guardian petition. You should seek counsel.

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  • Alimony and child support

    I have been married for only a year but I have been involved with my husband for ten years and he has supported myself and my son for those ten years can I recieve alimony and child support if I were to divorce him.

    Carlos’s Answer

    There are a number of factors the Court must consider when deciding whether to award alimony, including, among others, the length of the marriage, your needs, your ability to support yourself, his ability to pay, and any other factor the Court should consider in reaching its determination. The respective financial circumstances of the potential receiver and payor will drive whether or not the Court will award alimony and how much. Whether your son will receive child support will depend on whether or not the child is legally his son, as well as whether or not their exists a basis to make such an award, as in the case of an unemancipated minor child. If the required factors are met you may receive the alimony and child support.

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  • Ex is getting unemployment. Is there a percentage of unemployment I get for my alimony payment.

    Exhusband is getting unemployment. I realize he won't be able to pay me what he was, but how much should he pay me? Is there a formula/percentage for this situation?

    Carlos’s Answer

    Unlike child support, the Courts in Maryland have not adopted the use of guidelines to determine what, if any, amount would be appropriate in any given case. Nevertheless, the amount that should be paid takes into account, among several factors, the alimony claimant's economic needs, after considering their ability to sustain those needs, balanced against the alimony payor's ability to pay alimony after covering his or her expenses. Somewhere in between those two positions is the proper amount - which would require a close analysis and review of your case to reach the correct amount.

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  • Ex is getting unemployment. Is there a percentage of unemployment I get for my alimony payment.

    Exhusband is getting unemployment. I realize he won't be able to pay me what he was, but how much should he pay me? Is there a formula/percentage for this situation?

    Carlos’s Answer

    Unlike child support, the Courts in Maryland have not adopted the use of guidelines to determine what, if any, amount would be appropriate in any given case. Nevertheless, the amount that should be paid takes into account, among several factors, the alimony claimant's economic needs, after considering their ability to sustain those needs, balanced against the alimony payor's ability to pay alimony after covering his or her expenses. Somewhere in between those two positions is the proper amount - which would require a close analysis and review of your case to reach the correct amount.

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  • Alimony

    how long do you have to be married to receive alimony

    Carlos’s Answer

    While the length of the marriage is one of the factors the Court must consider in determining alimony, there is no minimum duration necessary in order to entitle a claimant to receive alimony.

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