All Blog Posts (186)


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New MD Rules on Award of Attorneys' Fees

The Maryland Court of Appeals has adopted new rules, generally effective on January1,2014, governing awards of attorneys' fees.The rules include a new chapter of rules that apply to attorneys' fees claimed by law or by contract, and contain provisions for pleading,documentation and other evidentiary requirements,a list of factors to be considered by the court in determining an award, as well as provisions for presentation of limited evidence in certain types and amounts of claims. In…

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Added by C.William (Bud) Clark on October 30, 2013 at 2:00pm — No Comments


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Baltimore Child Custody Attorney

Whether you are married and going through a divorce or need a custody decision from a Maryland Court, you can trust the Law Office of David D. Nowak, LLC to explain the process and the law to you.  This post will help you understand some of the basic considerations a court needs to make when determining which parent will have custody.  The Judges in each county have discretion to make a custody determination and it is important to…

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Added by David D. Nowak on September 19, 2013 at 9:00am — No Comments


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End of a protective order

Question:

 

I am having problem with my wife. Due to influence of my In-laws, she kik me out

of our joint house with domestic violence case. In court my attorney advised me

that go for consent because that time my wife was not working. In consent order

we were agreed that I will be responsible for mortgage payment for six month and

she can allow two days two hours visitation of my daughter and stay in different

place.



I thought problem will…

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Added by Thomas Mallon on August 8, 2013 at 3:29pm — No Comments


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Moving out of State

Question:

I have full physical custody of my daughter, but joint legal custody. If I wanted to move out of state, can her father tell me I can't move? I live in MD, he also lives in MD but near the PA line and is planning to move into Southern PA soon. I would like to relocate to a neighboring state. He says that I would make it impossible for him to see his daughter, which I never would keep her from him, but it would be a further distance. Do I have to ask the court for permission…

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Added by Thomas Mallon on August 3, 2013 at 10:18am — No Comments


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Question: I am seeking answers in regards to child custody and support in Maryland. I am an Unmarried mother. The father of my child has acknowledged paternity and signed the birth certificate. I am …

Question:

I am seeking answers in regards to child custody and support in Maryland. I am an Unmarried mother. The father of my child has acknowledged paternity and signed the birth certificate. I am wondering what rights he has to custody. We currently live in the same household but I will be moving out before proceeding with support and custody. I am moving due to the dilapidated conditions of the

house we currently live in and his drug use as well as many other issues. Can he…

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Added by Thomas Mallon on August 2, 2013 at 11:07am — No Comments


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Order of Default

Question:  I filed for custody and child support for my three year old daughter. I had her father served by a county sheriff. The sheriff had to track him down and it did not occur until the last day she had to serve him. After the 30 days, he did not file an answer so I was told I could file for an order of default. I checked today and it states that the order of default was granted by the judge. My question at this point is what does this mean exactly? Will the judge allow him to continue…

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Added by Thomas Mallon on July 30, 2013 at 10:42am — No Comments


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Service

Question:

What is service?

 

Answer:

When a complaint is filed, the court issues a writ of service and gives the case a case number.  That writ along with the complaint must be "served" upon any defendant so that they have notice that there is a lawsuit filed against them.  Normally services is accomplished by use of a process server who hand delivers these documents to the defendant.  If the Defendant is already represented by an…

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Added by Thomas Mallon on July 26, 2013 at 10:35am — No Comments


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Adoption question

Question: 

My daughter's father's name is NOT on her birth certificate. We were never married and I never changed it. However, I am getting married to my same sex partner in October. My partner wants to adopt my daughter. Do we need to formally contact her biological father for permission?

 

Answer:  Yes, whenever someone wants to adopt a child both parents need to consent and need to be given notice to be given the opportunity to object.  This is true whether the…

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Added by Thomas Mallon on July 24, 2013 at 8:48pm — No Comments


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Standard for custody

Question:I have a custoday hearing coming up soon and would like to know what a judge looks for when determain custody?

Answer: The law requires the judge to decide what is in the best interests of the child. Thus he/she will look at the respective home environments, the stability of the parents, and who appears to be looking out for the child's welfare as opposed to gaining control vs. the other parent.

Answer:  The Judge looks at several factors, including:…

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Added by Thomas Mallon on July 4, 2013 at 10:12am — No Comments


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Visitation in jail

Question:  Husband is incarcerated in MD, can court force me to take my 5 year old to see him? I have denied visitation since Feb 8, 2012 after his home was raided with my child present. All due to his criminal behavior and drug use, which has not stopped. He has been incarcerated for a month after another criminal act. He is now trying to ask the court to find me in contempt of my protective order. The PO doesn't state specific, just, "visitation to be negotiated through his mother". HELP!!…

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Added by Thomas Mallon on July 1, 2013 at 10:23pm — No Comments


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Grounds for Divorce desertion and / or abuse

Question:  I am filing for absolute divorce. I know I can either file for the reasons, "desertion" and "cruelty of treatment". However I don't know what type of desertion I can file for. "actual desertion" or "constructive" desertion. As for "cruelty of treatment", my children and I have never been physically abused, but there has and still is mental, and verbal abuse towards us. Can I still file under cruelty of treatment even though no physical harm is done?

Answer:  From the…

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Added by Thomas Mallon on June 30, 2013 at 10:53pm — No Comments


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Paternity Question

Question:  I was told that I have a child as a result of a one night fling with an old friend of mine. I don't believe it's mine, but there is a possibility. The woman was married (but living separately from her husband - he was in a new relationship) at the time the baby was born. They divorced several months later. He is apparently on the birth certificate.



She is wanting child support and says she is having Maryland sue me for it. However I just found out Maryland filed suit…

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Added by Thomas Mallon on June 29, 2013 at 10:58pm — No Comments


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Accident on the job

Question:  I am an EMT driver at a Firehouse in Maryland. On my way to a call, a car pulled out in front of me and we crashed. Even though I was driving an emergency vehicle, can I still file a claim for pain and suffering? Is the only thing I could sue for?

Answer:  By limited facts in you question, I am under the distinct impression you were not physically hurt, but even so, you have a worker's compensation claim, not a personal injury claim.

Added by Thomas Mallon on June 26, 2013 at 9:07am — No Comments


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Child support question

Question:  My husband and I are live in Maryland.

My husband has a 20 years old son who lives in PA with his mom.
He still goes to high school and told us he is going to graduate next year.  He will be 21 years old this October.

Does my husband have to keep paying child support to him until he finishes his high school or until October?

Thank you so much for your help. Answer:  Assuming this is a Maryland Order, Child Support would have stopped at age 19.

Added by Thomas Mallon on June 25, 2013 at 5:56pm — No Comments


Top Dog
Purple Swim 2013 in memory of Ann Brobst

The longer I practice law in Baltimore County, the more joy I get from the collegiality of my Bar Association colleagues. In so many ways we are one big family. To paraphrase John Donne, no one is an island. Each of us is a part of the whole, a part of the main. When the bell tolls for any of us, it tolls for all of us. That is why it hurts so much when we lose one of our own. We all try to find ways to deal with the pain of loss differently, to rage against the unfairness of those…

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Added by Carl R. Gold on June 24, 2013 at 10:42am — No Comments


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Judgment against LLC

Question:  A Credit Card Company got a judgment against LLC that I own. I work in another company. They sent a request to that company to garnish my wage. Can they do that without suing me personally?  Answer:  No, the Judgment they have is good only against the defendant they listed in their complaint.  The who purpose of having to serve a defendant and notice is so that each Defendant knows they are being sued.  If that Defendant is an LLC only, they cannot simply substitute you and have…

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Added by Thomas Mallon on June 23, 2013 at 10:49pm — No Comments


Top Dog
Maiden name

Question:  Can I force my exwife to change her last name back to her maiden name? 

Answer:  No, unfortunately you cannot force her to change her name to her maiden name or any other name for that matter..   

Added by Thomas Mallon on June 23, 2013 at 10:48pm — No Comments


Top Dog
Agreement not to pay child support

Question:   I have a court ordered child support case in effect that is attached to our custody agreement. My ex came to me when he was laid off and asked if I could drop the child support case until he gets another job. We did not go back to court but we did both sign and have notarized a piece of paper at the Social Services office that the case was originally opened at. Did I close the child support case or just the Maryland enforcement of the child support? I just want to know if I can…

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Added by Thomas Mallon on June 21, 2013 at 12:51pm — No Comments


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New Maryland Rule 1-322.1 - Exclusion of Personal Identifier Information

If you file any paper in court, electronic or paper, you need to be aware of the NEW Maryland Rule 1-322.1.  "Unless otherwise required by law or permitted by court order, the following personal identifier information shall not be included in any electronic or paper filing with a court:

 

(1) an individual’s Social Security number, taxpayer identification number, or date of birth; or

(2) the numeric or alphabetic characters of a financial or…

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Added by Howard L Alderman Jr on June 7, 2013 at 12:47pm — No Comments

Tackle mortgage fraud – A deft swipe of legal help can go a long way

A nationwide epidemic of loan modification programs have been on the rise along with foreclosure-rescue scams. In fact, government agencies have constantly been giving loud warnings about this and yet some homeowners haven’t heard these warnings. There’s even more who’ve fallen a victim to tragic instances of mortgage fraud and that too in spite of their best efforts to avoid them. Now, if you’re one of them,…

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Added by George Alford on March 25, 2013 at 3:30am — No Comments

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