Legal Question in Family Law in Maryland

Exception/Reconsideration

My ex filed an exception to modify the visitation. In trial, he said he had flexible schedule,so the master issued a std schedule (EOW 6-6pm and every wed 6-8pm.) He now says job conflicts with the schedule. He included an email between us for pickup at different times on specific dates. I told him I want to keep the schedule because he is sneaky and wouldnt hesitate to set me up and call police. In motion, he says he will be away for work 3 wks in Oct. First time I am hearing of this.

He wants to exchange at police station. Says I verbally abuse him. I say nothing at the exchanges, to keep things civil. The exchange is at a school where other kids/parents are present. Thats why I chose it. He is asking for counsel to represent the child? I dont see any reason why this is necessary. Our child is doing very well. What can I do to disprove his lies? Last time in court, he even got his gf to lie and say I gave him the finger during court recess. Exceptions/recons are given consideration if an error was made. I see no error made by the master. I filed a recon for back support because the first master told me it would be included in the final support, and it wasnt. Is there a chance back support will be award.


Asked on 9/17/08, 9:38 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Exception/Reconsideration

To disprove lies, produce contradicting evidence. Written statements, testimony of witnesses, documents, etc. As for the exceptions your ex filed, if these were to a Master's recommendations, you can file an opposition within 10 days of the receipt of your ex's filing. A hearing will then be held before a judge. But if his exceptions are based on new information not brought out at the master's hearing, they will not be accepted. He would have to file a motion to modify for that.

As for the back support, you should have filed your own exceptions from the ruling not to award it to you, assuming your originally requested it. You won't be able to get it from a new motion.

Read more
Answered on 9/18/08, 11:54 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Maryland