Entries by Michael Callahan

Divorce Voids Revocable Trust Gift to Spouse in Maryland

Advice from a divorce attorney: You should take action after a divorce to remove bequests to an ex-spouse in your will and other documents.  If you fail to do so, however, there are laws that provide that the judgment of divorce eliminates prior bequests or certain beneficiary designations to a former spouse. See Va. Code […]

Advance Directives

Advance directives allow you to express your wishes regarding health care decisions in the event that you are incapacitated and cannot communicate your preferences yourself. Components of Advance Directives Usually advance directives address two distinct issues: 1) directions regarding end-of-life medical care – a living will and, 2) designation of a health care agent to […]

Child Support Enforcement in Virginia

Who handles child support enforcement in Virginia? For services in the determination, collection and administration of child support, you can contact the Division of Child Support Enforcement (DCSE) in the Virginia Department of Social services.  The DCSE has broad authority to determine and to modify child support but cannot modify a court determination of support.

Office of Child Support Enforcement

The Maryland Office of Child Support Enforcement (OCSE), telephone 800-332-6347, provides various services to child support claimants.  It’s free after a nominal registration fee and can be effective in straightforward cases, especially if the child support payor is earning wages or salary from a Maryland based employer.   If your case is more complicated and time-consuming, […]

Child Support Is Always Modifiable

Child support can always be modified. This right cannot be altered. The parties to a marital settlement agreement can preclude later changes by the court for most provisions. For example, they can agree on non-modifiable alimony, and then no court can modify it at any time for any reason in the future. However, the same […]

Changing Child Support After Divorce

You can modify child support after divorce in Maryland if there has been a material change in circumstance since entry of the Order setting child support.  The applicable MD statute is Section 12-104 of the Family Law Article which provides Modification of child support (a) The court may modify a child support award subsequent to […]

Changing Child Custody

Changing child custody is a special case in the law. Most lawsuits end when the parties settle or the court decides the case. If you are disappointed you can’t return to court and sue the same person over the same matter. Courts and lawyers would say your second attempt is barred by the doctrine of […]