Family Lawyer - Rockville
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LAW OFFICE OF NEVEEN H. KURTOM, LLC

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I Can't Afford to Pay My Child Support... Should I Stop Paying It?

Child support is a court-ordered payment that is for the benefit of your child(ren). Once child support is established through a Maryland court order, the payor must pay their monthly child support payment. If child support is not paid, there are serious consequences which may include:

1. Wage garnishment;

2. Loss of driving privileges;

3. Repayment of the child support plus fines;

4. Possible jail time and fines if found in contempt of court.

If you are struggling to make your child support payments, you should file for a petition for modification of the current order as soon as possible. You will have to prove to the court as to why your child support should be modified.

What is a Protective Order and How Can I Get One?

What is a protective order and how can I get one? A protective order is a court order that says one person must refrain from doing certain acts against another person. You must have a certain type of relationship with the other person to be eligible for a protective order. If you and the Respondent have any of the following relationship categories, then you may qualify for a protective order:

1. The parties are married, divorced, or currently separated;

2. The parties are related by marriage, blood or adoption (this includes stepparents and stepchildren if they have lived with you for at least 90 days in the past year);

3. The parties have lived together in a sexual relationship for at least 90 days in the past year;

4. The parties are the parents of a child together;

5. The parties have had a sexual relationship with each other in the past year;

6. You are a vulnerable adult;

7. You were raped or sexually assaulted by the other person (including attempts) in the past six months.

For the court to grant a final protective order, you must prove that the other party committed an act of abuse. The Petitioner must first file a petition for a protective order and the court will issue an interim protective order which will set a time for a temporary protective order hearing. At that time, the Petitioner appears before a judge and explains what happened to the judge and why they need a protective order. If the judge grants the temporary protective order, it usually lasts for 7 days up to a few weeks. It will also outline the date for the final protective hearing which is the final hearing where both the Petitioner, Respondent, and their witnesses present their case. If the judge awards a final protective order, it usually lasts for a period of one (1) year.

What is a Mutual Consent Divorce?

What is a mutual consent divorce?

A mutual consent divorce does not require you to be separated for any period of time prior to filing for divorce if you meet certain requirements. If you and your spouse have a signed Marital Settlement Agreement that resolves all marital property issues and alimony, you can qualify for a mutual consent divorce. If you have children with your spouse, the agreement must also resolve all issues related to custody, access, and child support. The parties must also include a child support guidelines worksheet. Finally, neither party shall ask the court to set aside the agreement before the divorce hearing. Once the agreement is signed, the parties can file a Complaint for Absolute Divorce and at least one of the parties must attend the uncontested divorce hearing to the court to grant the divorce.

A mutual consent divorce can save parties a lot of time and money if they are able to meet the criteria. It is important to carefully draft, review, and negotiate the Marital Separation Agreement prior to signing it as it is binding once signed. Even if either party wants to challenge a signed agreement and asks the court to set it aside, it is not always guaranteed that the court will as most judges will deem it as a valid contract between the parties. If you have any questions, please feel free to reach us at (443) 741-2567 and we would be happy to assist you.