Lebovitz Law, LLC

Premium Member Premium
Lebovitz Law, LLC

Lebovitz Law, LLC

Divorce & Family Law, Estate, Lawsuit & Dispute, Real Estate, Family Law

licensed in Maryland and Pennsylvania

Founded in: 2015
Firm Size: 1
Fax 410-843-9144

Main Office

401 Washington Avenue
Towson, MD 21204

Office Hours

Monday - Friday 9:00 A.M. - 5:00 P.M.

Other Locations

Lawyers

About Law Firm

The legal system can intimidate and overwhelm anyone.  Let us help you find answers and create the solutions you need. Don't let yourself get buried in details.  
We have experienced attorneys working day-in and day-out to help resolve your legal issues. Find out how our services can help you find solutions and get results.

Contact us today and let's get started.

Please contact me for an initial consultation.

Notable Work

Cases

Description: A client contacted our office from another state that was facing potential child support arrears in excess of $70,000 and unpaid alimony in excess of $40,000. His ex wife claimed he was in contempt of a marital settlement and divorce decree that required him to pay child support and permanent alimony. He presented counsel with a signed agreement whereby his ex wife agreed to waive her permanent alimony award and future child support payments in exchange for him not exercising his visitation rights. At trial, the ex wife admitted that there was an agreement but the court was concerned about Maryland Family Law Article 12-104(b) Modification of Child Support and the case of Harvey v. Marshall, 389 Md. 243, 884 A.2d. 1171 (2005) which provided that “the court may not retroactively modify a child support award prior to the date of filing of the motion for modification.” This statute and case stand for the proposition that 12-104 provides for a prohibition against retroactivity modifying or eliminating arrearages for child support. In Maryland it is also well settled law that child support is absolute and cannot be waived by parents by an agreement. It is an alienable right enjoyed by the child for which not form of contract between the parents, nor change of domestic circumstances of either of them may effect.. Weaver v. Garrett, 13 Md.App. 283, 287, 282 A.2d., 509, 411 (1971). The client had the signed agreement but was unrepresented by counsel and never filed a motion to modify the child support or alimony in the case. The Office of Child Support Enforcement started to collect child support, some years after the agreement was signed and had set a nominal amount of arrears. The client paid what was requested and the case was marked as closed when the minor child reached the age of majority at 18. The ex wife presented no evidence at trial on what happened with the office of child support enforcement and the issue of arrears. She offered no testimony to contradict or challenge what the father had paid. The Court found that it was not terribly difficult to find a binding agreement between Mother and Father regarding alimony. The Court stated that the Court was not persuaded of any fraud or duress on Father’s part in getting mother to sign the agreement. The contract was supported by consideration, ie you stay away from child and I waive alimony. Mother did nothing after the agreement was signed. The Court struggled with the child support issue. The Mother presented no evidence of any action for years to collect the claimed obligations of Father. She filed no contempt actions, and no explanation why the office of child support enforcement closed their file. The court stated that must be persuaded by the evidence and at least by a preponderance of same that father still owes years and years of back child support. The Court stated it was not persuaded by the evidence presented by Mother. The Court stated that there were too many unanswered questions and too many years which have ensued to find for the Mother.

Outcome: Favorable to client

Validity of Agreements

Validity of Agreements Outcome: Favorable to client Description: A client contacted our office from another state that was facing potential child support arrears in excess of $70,000 and unpaid alimony in excess of $40,000. His ex wife claimed he was in contempt of a marital settlement and divorce decree that required him to pay child support and permanent alimony. He presented counsel with a signed agreement whereby his ex wife agreed to waive her permanent alimony award and future child support payments in exchange for him not exercising his visitation rights. At trial, the ex wife admitted that there was an agreement but the court was concerned about Maryland Family Law Article 12-104(b) Modification of Child Support and the case of Harvey v. Marshall, 389 Md. 243, 884 A.2d. 1171 (2005) which provided that “the court may not retroactively modify a child support award prior to the date of filing of the motion for modification.” This statute and case stand for the proposition that 12-104 provides for a prohibition against retroactivity modifying or eliminating arrearages for child support. In Maryland it is also well settled law that child support is absolute and cannot be waived by parents by an agreement. It is an alienable right enjoyed by the child for which not form of contract between the parents, nor change of domestic circumstances of either of them may effect.. Weaver v. Garrett, 13 Md.App. 283, 287, 282 A.2d., 509, 411 (1971). The client had the signed agreement but was unrepresented by counsel and never filed a motion to modify the child support or alimony in the case. The Office of Child Support Enforcement started to collect child support, some years after the agreement was signed and had set a nominal amount of arrears. The client paid what was requested and the case was marked as closed when the minor child reached the age of majority at 18. The ex wife presented no evidence at trial on what happened with the office of child support enforcement and the issue of arrears. She offered no testimony to contradict or challenge what the father had paid. The Court found that it was not terribly difficult to find a binding agreement between Mother and Father regarding alimony. The Court stated that the Court was not persuaded of any fraud or duress on Father’s part in getting mother to sign the agreement. The contract was supported by consideration, ie you stay away from child and I waive alimony. Mother did nothing after the agreement was signed. The Court struggled with the child support issue. The Mother presented no evidence of any action for years to collect the claimed obligations of Father. She filed no contempt actions, and no explanation why the office of child support enforcement closed their file. The court stated that must be persuaded by the evidence and at least by a preponderance of same that father still owes years and years of back child support. The Court stated it was not persuaded by the evidence presented by Mother. The Court stated that there were too many unanswered questions and too many years which have ensued to find for the Mother.

Publications

Daily Record - Avvo begins offering fixed-fee legal services in Md - 2016
wordpress.com - New Protective Order Laws - 2014

Reviews

Rich is a true subject matter expert and I would highly recommend him. I needed assistance reviewing a legal document and he was able to help me navigate this matter with ease. He is an excellent and quick communicator and handled my case with care, professionalism and a gentle but firm style. He was also able to explain things to me in layman’s terms and answered all of my questions thoroughly which helped cut through any confusion. Thank you for your patience, expertise, and trustworthiness.

Christina Matthews

2024-06-13 08:27:06

Richard and the whole team at Lebovitz Law are amazing to work with. They clearly communicate what they want so they can get you favorable outcome and are 100% transparent about the process and what's going on. I've worked with a lot of lawyers and they don't all make you feel like you matter but when you work with Richard and his team you feel like family. They really care about what you're going through and hold you hand through the process. If you need a family law attorney in Maryland stop what you're doing and contact Richard Lebovitz right away. There is no better family law lawyer in Maryland. Richard and his team are the best.

Theodore DeBettencourt

2024-05-02 01:00:04

This firm helped me with my child custody and child support case. I chose this firm because of the location n Towson honestly. I was represented in Baltimore City Court and the outcome of my case was all in my favor. I finally feel free from the stress and elevated that I finally got justice after dealing with my children's father who was abusive, manipulative and fraudulent. My lawyer Richard and Cody were very supportive, professional and understanding. They took time to look at the evidence and did their part to find more evidence which helped me win my case because the father refused to provide his means of income.

nina costa

2024-08-24 04:35:47

We needed a no non-sense type of representation in my fiancés child custody case in Baltimore County. We had multiple consultations with different attorneys but we decided to go with Mr. Lebovitz because he was upfront, honest and a true strategist, necessary qualities needed for the type of messy custody battle we were about to embark on. We couldn't have hoped for a better outcome. Mr. Lebovitz was able to strategize and negotiate for an amicable outcome that was centered around the child's best interest. A true gem of a lawyer!

J PS

2024-05-10 01:37:37

I contacted Mr. Lebovitz to assist my husband and I so that my husband could adopt my kids. Our case is being handled in Harford County. Mr. Lebovitz has been extremely helpful in the process and has answered all of our questions and concerns that we have had. He has been very strategic in how he has handled the case and my husband, and I could not appreciate him more for the help that he is giving us so that my kids will continue to have a bright future with two loving parents. Our case is not over yet, but I am confident in Mr. Lebovitz that we will get the final result we are looking for. I chose Mr. Lebovitz because he specialized in stepparent adoption, and I really wanted an attorney who was familiar with the process.

Magan Leonard

2024-04-18 21:17:36