In a Maryland divorce case provisions are made for the appointment of an attorney to represent a minor child if necessary. The rules that govern the appointment of an attorney to represent a minor child are found in Maryland rule 9-205.1. Generally there are three categories of classifications into which an attorney may fall in his or her representation of a minor child.
One such category is the child's best interest attorney. This attorney is appointed by the court and acts in the child's best interest without being bound by the child's directives.
Another category is the child's advocate attorney. This is a court appointed attorney who represents the child much like the attorney would represent an adult and acts in furtherance of the child's directives.
Finally you have the child's privilege attorney. This is a court appointed attorney who is in the case for the purpose of either asserting or waiving the doctor patient privilege. This category of attorney was once known as the Nagle v Hooks attorney.
If you have questions regarding these issues or any other matter affecting a divorce in Maryland.
Please feel free to call my office
Saturday, August 29, 2009
Wednesday, August 26, 2009
Statute of Limitations on Child Support in Maryland
I received many calls every day from people asking if there is a statute of limitations on enforcing child support orders. The most direct way to enforce a child support order is to file a petition for contempt. You should review the Maryland family law article section 10-102. If you decide to proceed in this manner, you have three years from the date of nonpayment to bring your contempt proceeding.
This three-year limitation only applies to contempt proceedings and does not apply to proceeding for judgment for child support arrears. In that case the statute of limitations is 12 years. You can review the case of Miller v. Miller, 70 Md. App 1
(1987. This same 12 year statute of limitations would apply to actions to recover a judgment for medical and dental expenses which a party was obligated to pay in a separation agreement incorporated into a judgment of divorce. Please review the
O'Hearn case 337 Md 292 (1995).
This three-year limitation only applies to contempt proceedings and does not apply to proceeding for judgment for child support arrears. In that case the statute of limitations is 12 years. You can review the case of Miller v. Miller, 70 Md. App 1
(1987. This same 12 year statute of limitations would apply to actions to recover a judgment for medical and dental expenses which a party was obligated to pay in a separation agreement incorporated into a judgment of divorce. Please review the
O'Hearn case 337 Md 292 (1995).
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