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Recent Blog Posts
Child Support in Maryland - Diamant Gerstein
I am often asked if parties can agree to simply waive child support in a divorce agreement. As a general rule (subject to a few exceptions,) the answer is NO. Generally, child support payments are for the ordinary expenses of food, shelter, clothing, education and medication needs for the children only. In determining child support, a court will look at all the following issues:
The Needs of the Children – For example, an ill or developmentally disabled child will often require a higher level of support than a healthy child.
The Age of the Children – Infants and younger children often cost less to support than older children. However, daycare costs, which can be significant, will also be taken into account.
The Ability of the Non-custodial Parent to Pay – The court will look at income from all sources when it decides on the amount of child support. Generally your ability to pay does not include calculations of bills and debts such as car payments, credit cards, etc. If the non-custodial parent marries again, the court will usually not look at the new spouse’s income. However, there are some exceptions. The court will consider a new spouse’s income if one of the following occurs:
Kanye West and The Controversial Taping of Taylor Swift without her Consent; Wiretap; Maryland Consent Wiretap Laws - Diamant Gerstein
Did Kanye West break California law by secretly recording Taylor Swift? Would you consider what Kanye did “secretive?”
Kanye West might have broken California law by secretly recording Taylor Swift, even though the recording helped him show Swift knew some of what he planned to say about her in his song Famous.”Might have,” because it’s not clear where Swift was when she took the call: California? Nashville? New York? For that matter, it’s not clear where West was when he made the call.The distinction is important because laws banning or permitting secret recordings differ from state to state. California is a two-party consent state, meaning any recording must have the consent of both parties, the recorder and the recordee. Maryland is a two-party consent state as well. In Maryland, you can’t simply tape someone else without their permission.In my opinion, Kanye West is not going to face any criminal fall-out from this taping. Why? First of all, Taylor Swift doesn’t have an expectation of privacy in a situation like this. Kanye West and his wife regularly tape themselves for Kim Kardashian’s ridiculous reality show. Moreover, it is alleged that a producer of Kim Kardashian’s tv show told Taylor Swift that Kim was taping her tv show. So, at the end of the day, I do not believe Kanye West will face criminal repercussions for his taping of Taylor Swift.
Drunk Driving Laws in Maryland - Diamant Gerstein
Below, you can find the latest laws concerning drunk driving in Maryland. The penalties are steep,and they are getting steeper. With the death of Montgomery County Police Officer Noah Leotta by a drunk driver earlier this year, Maryland has taken action. If you are arrested for drunk driving, call an attorney right away.
Maryland Drunk Driving Laws, Penalties, Fines | DrivingLaws.org
What are the penalties for a DUI/DWI in Maryland?
| 1st Offense | 2nd Offense | 3rd Offense | |
| Jail | Up to 1 year (DUI); up to 2 months (DWI) | Up to 2 years (DUI); up to 1 year (DWI) | Up to 3 years |
Police Shootings; One in Baton Rouge, another in Minneapolis. We must Change The Way Officers are Trained. - Diamant Gerstein
Another evening news telecast has come and gone, and yet another police shooting has been reported. This time, a young man, hard-working, no prior criminal record, was gunned down in Minneapolis, Minnesota by an officer after a car was pulled over for an inoperable taillight. What the heck happened, that a simple, run-of-the-mill traffic offense turned deadly?
The young man had a concealed weapons permit. Now, I won’t get into my personal beliefs about people having CWPs, nor will I will preach as to why I think people should not be allowed to carry guns. Our Second Amendment to the United States Constitution gives people that right. But, what was it about the young man’s behavior that so placed this officer in fear that he opted to play judge and jury, taking this man’s life?
Police shootings are nothing new. In the past year, it is estimated that just over 120 African-Americans were shot at the hands of police officers. Something has to change, and fast. Police officers must be given the power to do their jobs, yet we need to train officers in tactics that subdue threats, reward those who resolve threats without violence, and discourage actions that create unnecessary confrontation, violence, and escalation. What is it that the young man in Minnesota could have done that was so terrible, so antagonistic and so dangerous so as to put an armed officer in fear for his life, such that taking the man’s life became appropriate?
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