Martino Law

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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.

10/09/2026

A separation agreement can close the door on future alimony. It cannot do the same for the children.

Family Law section 8-103 allows the court to modify any provision about the care, custody, education, or support of a minor child, if the change is in the child's best interests.

No wording in the agreement removes that power. Alimony can be made non-modifiable in writing. Child provisions have no such option.

Parents, did your agreement come with that warning?

10/09/2026

Does my divorce cancel my will?

Only part of the will. In Maryland, Estates and Trusts section 4-105 says an absolute divorce or annulment that comes after you sign your will revokes every provision in the will relating to your former spouse. Only those provisions. The rest of the will remains in effect, unless the will or the divorce decree provides otherwise.

The rule has two consequences. First, a separation has no such effect. Until the judge signs the divorce judgment, your spouse is still in the will. Second, the rule speaks only to wills. Life insurance, retirement accounts, and other assets with beneficiary designations follow their own rules, and some of those designations survive a divorce.

The safest course is to review your estate plan while the case is pending and update it when the divorce becomes final.

10/09/2026

On Tuesday, October 13, 2026, the Supreme Court puts its own 1993 deference precedent on trial.

Stinson v. United States told courts to treat the Sentencing Commission's commentary as authoritative unless it violates the Constitution or a statute, or is plainly inconsistent with the text of the guideline.

Since then, Kisor v. Wilkie narrowed deference to an agency's reading of its own rules. Loper Bright overruled Chevron.

In Beaird v. United States, the Court limited review to the Stinson question. It invited an outside lawyer to defend Stinson.

Should judges still defer to the Commission's commentary?

10/08/2026

Congress passed the Video Privacy Protection Act in 1988, after a Washington weekly published Robert Bork's video rental history.

On October 14, 2026, the Supreme Court hears Salazar v. Paramount Global. The Act protects a "consumer," defined to include a subscriber of "goods or services from a video tape service provider."

Michael Salazar subscribed to a newsletter. The Sixth Circuit read the definition to reach only subscriptions to audiovisual goods or services.

The word "audiovisual" does not appear in that definition. Paramount says the statute's context supplies the limit.

Should a court read in a limit missing from the text?

10/08/2026

Can my teenager start therapy without my consent?

In Maryland, often yes. Health-General section 20-104 gives a minor who is 12 or older the same capacity as an adult to consent to mental health consultation, diagnosis, and treatment, if the provider determines the minor is mature and capable of informed consent.

There are limits. A minor cannot use that capacity to refuse treatment that has a parent's consent. A minor under 16 generally cannot consent alone to prescription medication for the condition.

The provider decides whether to tell a parent about the treatment, and may share that information even over the minor's objection. The exception is a provider's belief that disclosure would harm the minor or deter the minor from seeking care.

A parent who did not consent is not liable for the cost of that treatment.

10/08/2026

A child's last name can end up in front of a Maryland judge.

If the parents never agreed on a surname at birth, the only test is the child's best interests. If they did agree, the parent seeking a change must also prove extreme circumstances. In re Becker restated both tests in 2025.

The child's voice enters in two places. One best-interests factor is the child's reasonable preference, if the child has the age and maturity for a meaningful view.

Under Maryland Rule 15-901, a name-change petition for a child 10 or older must also state whether the child consents to the change.

At what age should a child's view on a name carry weight?

10/07/2026

The military pay center rejected the order twice. A Maryland court still enforced the parties' agreement.

In Campbell v. Campbell, the agreement divided the pension by retirement points. The Defense Finance and Accounting Service bounced the order because the husband retired from active duty, and its regulation calls for months.

The Appellate Court of Maryland held that DFAS rules govern the format of an order, not the state court's division.

The fix was a flat percentage. Same result. DFAS accepted the amended order.

Lawyers, has DFAS ever bounced one of your orders? I wrote more about this here:
https://bit.ly/4vCcmkd

10/07/2026

Is there a limit on child support garnishment from a paycheck?

There is a federal ceiling. The Consumer Credit Protection Act caps garnishment for support at 50 percent of disposable earnings for a parent supporting another spouse or child, and 60 percent for a parent without a second family.

Each cap rises by 5 percentage points, to 55 or 65 percent, when the support is more than 12 weeks in arrears.

Disposable earnings means pay left after the deductions the law requires, such as taxes. It is not take-home pay after every voluntary deduction.

In Maryland, child support is usually collected through an earnings withholding order sent straight to the employer. The order sets the amount, and the federal cap is the outer limit on the employer's deduction.

If a withholding leaves you unable to cover basic needs, the remedy is a prompt motion for modification. A change in support can reach back only to the filing date.

10/07/2026

Family lawyers: when custody is contested, do you want the court's custody evaluation or a private evaluator?

The court's evaluator is appointed by the judge and usually costs the family less.

A private evaluator can often spend more time with the family and testify as a retained expert.

Which do you choose, and why?

10/06/2026

What is the worst piece of divorce advice you ever got from a friend or relative?

Advice arrives from every direction during a divorce. Some of it is sound.

Some of it comes from a cousin's divorce in another state and another decade.

What did someone tell you that turned out to be wrong?

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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