Martino Law

Martino Law I assist in family law cases focusing on agreements, financial cases, and mediation. I am an attorney with over 25 years of experience.

If you are going through a difficult time, I can be a stabilizing force to help you get out of your situation. I am diligent and conscientious. I do not grandstand or play upon your fears. I will be honest with you about your legal matter, and I will be honest when dealing with the court and the opposing side, but I will always advocate for your interests. In advocating for your interests, keep in mind that a judge will tune out if he or she believes that we are not being reasonable, so it is paramount that we prepare a strategy that has a chance to be successful. In developing a strategy for your case, we will realistically discuss the prospects of your case, even if it means telling you something that you do not want to hear.

10/02/2026

Can my alimony be paid through an agency instead of straight from my ex?

Yes. Under Family Law section 11-109, a Maryland court may order that alimony payments be made to a designee. A designee is a support enforcement agency authorized by law to receive alimony for the recipient, or a person the court names as trustee or guardian to receive the payments.

The designee sends the payments on to the recipient and keeps a record of each payment, the date it is due, and the parties' names and addresses. Both former spouses have to tell the designee about a change of address or anything else that affects the order.

If a payment is missed, either the designee or the recipient can bring an enforcement proceeding, and the State's Attorney may represent the designee.

A payment record kept by someone other than the two former spouses can head off a lot of arguments over the payment history.

10/02/2026

On Monday, the Supreme Court opens its term with a question about who gets to hear a veteran's constitutional claim.

In Johnson v. Robison, decided in 1974, the Court recognized that federal district courts could hear challenges to the constitutionality of laws affecting veterans' benefits.

In 1988, Congress passed the Veterans' Judicial Review Act. Johnson v. United States Congress asks whether that Act took away jurisdiction.

It is the second argument of the term, after the Boulder County climate case.

Can Congress close that door on a constitutional challenge?

10/01/2026

Monday is the first Monday in October. The Constitution did not pick that date. Congress did.

Article III never says how many Justices sit on the Supreme Court. A statute sets the number at nine, with six for a quorum. Another statute sets the term to begin on the first Monday in October.

The first Congress set the number of Justices at six. It has changed several times over the years.

We call the Court a coequal branch. Its size and its calendar are ordinary legislation.

Should any of that be in the Constitution instead?

10/01/2026

Can I sue the person who had an affair with my spouse?

Not in Maryland. Family Law section 3-103 says an individual has no cause of action for alienation of affections. It also bars that lawsuit in a Maryland court, including a claim arising in another state.

Alienation of affections was the old claim against a third person for breaking up a marriage. A few states still recognize the claim, but not Maryland.

An affair can still come up in a Maryland divorce. When a court decides alimony, one of the factors it must consider is the circumstances that contributed to the estrangement of the parties. The same factor appears when the court decides a monetary award for marital property.

The affair is not a lawsuit against the other person. It can be evidence in your own divorce case.

10/01/2026

Starting today, a Maryland protective order can come with a bill.

As of October 1st, a final protective order may require the respondent to pay losses and expenses incurred as a direct result of the abuse.

The list includes medical, dental, and mental health treatment. Repairing or replacing damaged property. Food, temporary shelter, and relocation. Transportation. Filing fees, court costs, and reasonable attorney's fees.

The award does not bar a later claim for losses the order did not cover.

Is a protective order hearing the right place to decide money?

09/30/2026

The Supreme Court can turn down almost any case. There is one category where "shall" should mean shall.

Article III says that in all cases in which a State is a party, the Supreme Court shall have original jurisdiction. By statute, a suit between two States can be heard nowhere else.

In May, Florida sued Washington and California over commercial driver's licenses. The Court denied leave to file in one sentence. Justice Thomas, joined by Justice Alito, dissented.

The State had access to no other courtroom.

Should the Court be allowed to say no? I wrote more about this here:
https://bit.ly/4v3QVbe

09/30/2026

My alimony ends next year. Can I ask for more time?

Possibly. Everything turns on timing. Under Family Law section 11-107, a Maryland court may extend the period of an alimony award if two things are true.

First, circumstances have come up during the alimony period that would lead to a harsh and inequitable result without an extension. Second, the person receiving alimony asks for the extension during the period.

That second requirement is strict. When a fixed-term award ends, the statute cuts off any further alimony. A request filed after the period ends is too late.

There is one more limit. If the parties' agreement expressly waived alimony, or said the alimony terms cannot be modified by a court, the court may have no power to extend the award.

If your alimony has an end date and your situation has changed, the request has to be filed before that end date.

09/30/2026

Family lawyers: when a new client hands you an existing custody order, what is the first clause you read?

The access schedule. The holidays. Relocation notice. Tie-breaking authority on legal custody.

Everyone has a habit. The answer usually says something about what the lawyer has seen go wrong.

What's yours, and why?

09/29/2026

If you could ask a family court judge one question, off the record, what would it be?

Not about your case. About how judges make decisions.

How much a child's wishes count.

Whether they read everything that gets filed.

What makes a parent credible?

What would you ask?

09/29/2026

Can a relative be charged for keeping my child from me?

In some situations, yes. Maryland has a child abduction law aimed at relatives, and "relative" includes a parent. It applies when the child is under 16 and the relative knows someone else is the child's lawful custodian.

Under Family Law section 9-304, a relative may not, with intent to deprive the custodian of custody, take the child away, hide the child, or keep the child more than 48 hours after the custodian demands the child's return. Doing that within Maryland is a misdemeanor.

Section 9-305 covers taking or keeping the child in another state, or outside the United States. Those are felonies, and the penalties grow with the length and distance of the child's absence.

This is one reason a written custody order is so useful. The law protects the lawful custodian, and an order removes any doubt about who holds that role.

When a child is not returned, the police and an emergency custody filing are the usual next steps.

Address

1997 Annapolis Exchange Parkway, Suite 300
Annapolis, MD
21401

Opening Hours

Monday 9am - 5pm
Tuesday 9am - 5pm
Wednesday 9am - 5pm
Thursday 9am - 5pm
Friday 9am - 5pm

Telephone

+14107778043

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