Author: Cynthia H. Clark

Divorce

What Divorce in Maryland Means for Your 401(k)

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When you are seeking a divorce in Maryland, your retirement, pension, and/or long-term savings plans are eligible for division under the state’s equitable distribution laws. The division depends on when the accounts were opened, how much money was invested before and during your marriage, and/or whether or not marital funds were used in those investments. In short, your particular circumstances could determine whether or not the money in your 401(k) is considered marital property, though it is not the only reason why such assets may be divided.

Your retirement account may be your largest marital asset

In Maryland, the courts have almost full-scale discretion in valuing retirement accounts as marital property. In a divorce, these benefits can be calculated via three different methods:

  1. As equal to an employee’s contributions plus interest accrued;
  2. As the “present value” of future benefits expected to be received after retirement by the spouse that is the employee; or
  3. Through determining a percentage to be paid to the spouse that is not the employee from any future retirement payments received by the employed spouse, payable “as, if, and when” received.

Which method the courts choose to evaluate you or your spouse’s retirement account is up to your individual case.

Federal law and Maryland Code Family Law Section 8-205(a) govern the distribution of retirement accounts. When such accounts are part of the marital estate, the courts must execute a Qualified Domestic Relations Order (QDRO) for the plan administrator to be able to allocate funds from any retirement account to a non-employee ex-spouse.

Outside of the family home, retirement accounts are likely to be your most substantial marital assets. If you and your spouse agree on the means to divide your accounts, you should communicate that to your Maryland divorce lawyer. If you contest the means by which division is proposed, you will need skilled representation and a compelling narrative to aid in your advocacy efforts.

The law office of Cynthia H. Clark & Associates, LLC specializes in retirement accounts in Maryland divorces. We offer dedicated guidance throughout the divorce process and can help you ascertain a strategy for asset division. To reserve a consultation time with an experienced Annapolis divorce attorney, please call 410-990-0090 or fill out the firm’s contact form.

Divorce

What You Need to Know About Military Relocation After Divorce in Maryland

annapolis military divorce lawyer
Troubled male soldier putting together parts of torn family photo, break-up

Members of the United States Armed Forces have a unique set of circumstances governing relocation after a divorce in Maryland. When you are on active duty, you have certain legal protections to your custody rights under the Servicemembers Civil Relief Act (SCRA), which allow you to maintain your current custody agreement, as laid out in your Parenting Plan, in the event of military relocation for at least 90 days. When you submit a military relocation request in writing, you will be granted an automatic stay of administrative and court proceedings. A family law judge can also choose to lengthen this time period at his or her discretion, but that will largely depend on your specific situation. To submit a relocation request, invoke your rights under SCRA, and better understand your options for relocation, it is best to seek the counsel of a trusted Annapolis child custody attorney.

Protecting family dynamics after military relocation

If you are the military parent seeking relocation or undergoing deployment, it is necessary to work with your former spouse, your Annapolis child custody lawyer, and your children to construct and enact a situation conducive to a workable family dynamic. When Parenting Plans are created during divorce proceedings for military parents, it is often necessary to consider contingency plans and alternative arrangements that allow the military spouse(s) to serve their country without losing custody of their children.

Some circumstances that could be impacted as a result of your need to relocate for military service are:

  • Frequency of visits
  • Delineation of custody, including primary custody
  • An increased need for flexibility of visits
  • Amount you are paying in child support
  • Family dynamics
  • Ability to support your children in school and extracurricular activities (coaching, attending recitals, and sports games)

Additionally, if your military relocation is more permanent and will affect your current arrangement with your former spouse, you will need your attorney to advocate on your behalf to a judge. If you have not been given 90 days’ notice prior to your relocation, a judge can waive that requirement.

Your ability to serve your country and your children’s welfare are equally important. A trusted Annapolis child custody lawyer will be able to walk you through this process and assist you in obtaining the most effective and workable outcome for you and your family. In most military relocation cases, having an attorney as your advocate is the best decision.

At the law office of Cynthia H. Clark & Associates, LLC, we respect and appreciate your service to our country, and we want to ensure you have a custody arrangement and Parenting Plan that works for you and your children. We can help you navigate the reporting and court processes, and will seek fair custody arrangements on your behalf. Our firm offers compassionate advocacy and ample experience working with military families. To reserve a consultation time, please call 410-990-0090 or complete our contact form. We serve clients throughout Maryland.

Divorce

Second Parent Adoption Rules and Precedent in Maryland Same-Sex Divorce

Annapolis Same-Sex Child Custody Lawyers Find Workable Solutions

With the legalization of same-sex couple marriages in America, more and more same-sex couples are opting to have children. As of May 2017, it is reported that more than 25% of all Maryland same-sex couples currently have children.

There are protections in place for LGBTQ parents – the Court of Appeals ruled in July of 2016 “that people who have raised children but do not have a biological or adoptive relationship with a child can still be recognized as their legal parents,” as reported by the Baltimore Sun. When a child is born, however, only one male and one female or two female partners may be listed as parents. Two male partners cannot, at this time, be listed on the birth certificate in Maryland without a second parent adoption.

Same-sex couples and the stepparent procedure

A second parent adoption, also sometimes called a co-parent adoption, is an additional way for same-sex couples to both become the parents and guardians of their child in the eyes of the courts. (Adopting your child with your partner does not preclude them from also being designated as a parent to your children.) This is a typical practice for same-sex couples that have, or desire to have, children, and these adoptions are recognized nationwide.

Many times, this means that one parent in a same-sex couple will need to avail themselves of their state’s stepparent adoption procedures. This does not mean that the adoptive parent is treated like a step-parent – these are the only statutes in place in Maryland as of now. It is legally advisable for the non-biological parent to obtain adoption documents in case of a divorce.

If you have children and are embarking on a same sex divorce, it is in your best interest to have an adoption or parentage document laying out your parental rights prior to working with a Maryland divorce attorney. It is well within your rights to have access, visitation, or child custody after a divorce, and if you are the non-biological parent of your children, pursuing adoption options can help you protect that status, in the event that your divorce becomes contentious.

All parents should be able to see their children after a divorce, regardless of sexual orientation. Cynthia H. Clark & Associates, LLC is a premier Annapolis-based family law firm. We offer compassionate and skilled representation to same-sex parents throughout Maryland. To reserve a consultation, please call 410-990-0090 or fill out the firm’s contact form.

Related Articles

Divorce

What Happens When You Want to Relocate After Your Divorce in Maryland?

Parental Relocation maryland lawyer

One of the most important factors in a parent’s ability to maintain a bonded relationship with their child, and to have a consistent, reliable presence in their life, is their geographic location. When the custodial parent decides that they want to move, Maryland law has a process that they must follow prior to doing so. The custodial parent, however, should take into consideration the impact that the move will have on the child.

Considering the child’s perspective on moving away

While children are quite resilient and adaptable, they do need stability. Children thrive when they have a safe, secure and stable foundation at home. The court will ask many questions about the move to try and determine if the move is being undertaken in the best interest of the child. If the move is for a new, better paying, more stable job, then the judge may rule that it will improve many aspects of the child’s life. If, however, the custodial parent wants to move 500 miles away to be closer to their new love interest, and the child must leave their familiar surroundings of home, school, friends and recreational opportunities, the move is likely not in the best interest of the child.

Legal requirements for relocation after Maryland divorce

The parent who has primary residential custody of the child may be required to give the court and the other parent at least 90 days written notice of their intent to move. This notice requirement is waived if the parent requesting the move can show the court that providing the notice would expose the child or party to abuse, or if they can show any other good cause. If a party is required to move in less than 90 days, they need to show that the move is required for financial or other extenuating circumstances, and that they gave notice in as reasonable amount of time as possible after learning that they had to relocate. The court may use any violation of the notice requirement as a factor in future custody proceedings. (MD FL §9–106)

What if you are opposed to the relocation?

If your former spouse is the one who has filed the notice to relocate, you do have the right to object. You should know, however, that Maryland places “the burden on the opposing parent to show that the move constitutes a change in circumstances triggering a modification hearing. If established, the court then addresses the child’s best interests.” This can pose a particular problem for military families, where one half of the couple is relocated to another base within the country.

Balancing the best interests of your child with your own needs and life challenges can be difficult. At Cynthia H. Clark & Associates, LLC, we guide you through the difficulties deciding child custody and adjusting to co-parenting after divorce. We invite you to complete our contact form or call us at 410.921.2422 to schedule a consultation. Our skilled Annapolis child custody attorneys are here to protect your rights and guide you through resolving disputes

Sex and Marriage

Has the Legalization of Same-Sex Marriage Reduced Teen Suicide Rates?

gay marriage lawyer

The landmark case, Obergefell v. Hodges, which legalized same-sex marriage, has had a life-changing impact on the cultural landscape of this country. But who would have known that it might also have had a significant impact on the number of teen suicides? Suicide is the second leading cause of death for people between the ages of 10 and 24, according to The Trevor Project, a national support organization for LGBTQ teens and young adults. Their research has found that gay, lesbian and bisexual teens have a suicide rate that is four times higher than that of heterosexual teens.

A study that was published in the JAMA Pediatrics in April 2017 seems to draw a link between the legalization of same-sex marriage and a decrease in teen suicides in this country. A study that utilized self-reported data from more than 750,000 students living in states where same-sex marriage was legalized saw a significant drop in suicide rates, as compared to students in the same age range living in other states.

The science of saving a life: the benefits of same-sex marriage

Scientists, according to a story published in the Washington Post, identified an association, rather than a causal relationship, between decreasing suicide rates and same-sex marriage legalization. Though the study was not trying to figure out why there was a decrease in suicides, scientists speculated that the legalization of same-sex marriage reduced the social stigma of being a sexual minority. Julia Raifman, one of the authors of the study and an epidemiologist at the Johns Hopkins School of Public Health in Baltimore, said “Policymakers need to be aware that policies on sexual minority rights can have a real effect on the mental health of adolescents. We can all agree that reducing adolescent suicide attempts is a good thing, regardless of our political views.”

The scientists involved in the study compared suicide rates before and after same-sex marriage was legalized. After same-sex marriage was legalized, the number of self-reported suicide attempts decreased from 8.6 percent to 8% among all students surveyed. For gay, lesbian, and bisexual students specifically, the rate of suicide attempts decreased by 14% from 28.5% to 24.5%. Researchers extrapolated that this would be equal to 134,000 fewer adolescents attempting suicide each year.

In a commentary about the new JAMA study, Mark L. Hatzenbuehler, Ph.D. noted that one of the biggest reasons for the higher suicide risk for LGBTQ youth is the stigma, and the feelings of rejection from friends, family and society, along with an internalization of homophobia.

When you are facing a family law dispute, or you are considering divorce, we have a team of skilled Maryland family law attorneys at the law firm of Cynthia H. Clark & Associates, LLC, who are here to advocate on your behalf and protect your interests. You are encouraged to give us a call at 410.921.2422 or complete our contact form and schedule a conversation about your legal challenge with a knowledgeable Maryland divorce lawyer today.

Divorce

How Delinquent Child Support in Maryland Affects Your Credit Report

Child Support

Child support debt is a major issue for divorced parents. Getting your life on track after a divorce can be a challenging task. Adjusting to meeting all your expenses on a single paycheck and adjusting to single life again is not easy, and adding child support payments often feels overwhelming. A 2015 NPR report found that there is more than $113 billion in unpaid child support in the United States. Non-custodial parents who fall behind on child support payments might be in a panic about what those delinquent payments might be doing to their credit report.

How does delinquent child support show up on my credit report?

When you owe more than $1,000 in delinquent child support, the Maryland Child Support Enforcement Administration (CSEA) can report your debt to the credit reporting agencies, who can list it as a tradeline or delinquent account on your credit report. Having delinquent child support on your credit can have a negative effect on your credit score. In some cases, being behind on child support payments can be as bad a hit to your credit as if you had missed a mortgage payment.

This can make it difficult to get new lines of credit. It could keep you from qualifying for a mortgage and it could even tarnish promising job prospects if a potential employer runs a credit inquiry while performing a background investigation on you.

If you are behind on child support payments and you receive a delinquency letter from the CSEA, it is a smart idea to contact them quickly and find a way to resolve the debt as soon as possible before your delinquency gets reported to the credit bureaus.

Child support enforcement

If you are owed child support, there are ways in which you can encourage your co-parent to pay. As the amount of delinquent child support and the number of days since the last payment increases, the consequences for non-payment grow increasingly intense. Your Annapolis family law attorney can send your former spouse a letter requesting payment; and they can petition the court for a court order demanding that they bring their child support arrears current or face penalties such as wage garnishment. The Maryland Child Support Enforcement Administration has additional tools such as federal and state income tax refund offset, passport denial, suspension of a driver’s license and professional licenses and other enforcement tools to encourage payment of child support.

With more than 30 years of combined legal experience, the family law attorneys at Cynthia H. Clark & Associates, LLC, are here to help families like yours end their child support disputes throughout Maryland. You are welcome to contact us or call 410.921.2422 to reserve a consultation today at our Annapolis-based office.

Divorce

7 Co-Parenting Tips for Gracefully Managing Joint Custody

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Regardless of how amicable or acrimonious the divorce was, once the divorce is final your role as a divorced co-parent begins. Co-parenting gracefully is something that takes time to grow into, but you will know when you get there. You will be interacting with your former spouse on a regular basis when you pick up the kids or when they drop them off, at birthday parties and other family events into the future, and you would be smart to find a way to make those interactions as smooth and drama-free as possible. When you model successful co-parenting, it will do wonders for your child.

Joint custody requires team work, and for both parents to place the highest priority on providing the best care for the child. It is up to each of you to make sure that your divorce does as little damage to your child as possible. Making the commitment to be all-in, to keep your promises to your child, to make them a priority, and to be at least cordial to your former spouse is the first important step on the road to successful co-parenting.

Here are a few tips to guide you through the initial, sometimes rocky first stage of co-parenting and managing joint custody after divorce:

Agree to make decisions with the child’s best interests in mind. What is convenient for you and what makes you feel comfortable does not matter now. What is important is that the decision-making process and the outcome best serves the child’s best interests. Get comfortable with the concept of compromise for your child’s greater good.

Stick to the custody agreement. In Maryland, joint custody is also called shared custody, and it means that both parents share physical custody of the child in a way that makes sure that the child has consistent contact with both parents. The parenting plan which includes the custody agreement has the force of law, so violating it has legal consequences. If you both agree to follow the visitation schedule, and the duties and responsibilities assigned to each parent it would make life go smoother for everyone.

Keep the past in the past. Resist the urge to keep trying to seek revenge or re-visit old hurts and disagreements. Now the only purpose of your relationship is to raise a child together.

Develop a new relationship with your former spouse. If the divorce was ugly, adopt a new kind of relationship. If it helps, consider your spouse as a business partner and make sure that all your interactions and communications are limited to the topic of your child.

Take a co-parenting class together. Co-parenting is hard. Learning how to manage it from parenting professionals will help ease some of the stress you might be feeling.

Communicate clearly and openly with your co-parent. Come to an agreement on how you will communicate about the child. If you must change a pick-up or drop-off time, communicate that as soon as you know about it to your co-parent. Do not send messages back and forth between the two of you through your child.

The transition from being a family in one household to being shuttled back and forth between the households of divorced parents is disruptive to the child’s foundation in life. The more you can work together to create a new kind of stability, the better your child will adjust to life after divorce.

At Cynthia H. Clark & Associates, LLC, we guide you through the challenging process of deciding child custody and getting on with your life after divorce. We encourage you to contact us or call us at 410.921.2422 to schedule a consultation in our Annapolis office to discuss your case with an experienced Maryland divorce attorney today.

Family Law

Is There Any Requirement for Child Support Accountability in Maryland?

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When a marriage ends in divorce and that couple has children, the parent who has primary residential custody is often/frequently the parent who receives child support from the non-custodial parent. We often hear a lot of grumbling from non-custodial parents about how much child support they are forced to pay, and about their suspicions about how the primary residential parent is spending the child support they receive. Occasionally a parent who pays child support will comment that when their child comes to visit, they mention that they need new shoes, or new clothes, or money to participate in a school event.

Non-custodial parents wonder why there is no accountability for how the receiving parent spends the money they receive. Further complicating the issue, a custodial parent might be driving a new car, or they may have moved into a new place leaving the non-custodial parent to scratch their head in wonder about where their money is going.

The challenge of requiring proof of how custodial parents spend child support

It would create a tremendous burden on the family court system if the parent receiving child support had to account for how they spend every dollar of child support they received. It would also be an invasion of that parent’s privacy to allow their ex to have access to their monthly financials just so that they can feel content that their money is being spent in a way that they approve.

Child support is intended to contribute to the child’s living expenses including food, clothing and shelter in such a way as to maintain a standard of living as comparable as possible to when the family was intact. Maryland uses Child Support Guidelines to calculate how much child support is paid and it is based on several factors, including each parent’s actual and adjusted monthly income (adjusted to account for previous child support obligations and alimony payments), work-related child care expenses, extraordinary medical expenses and any other pertinent factors that the court might consider. MD Code Family Law §12–201

The custodial parent may have to spend some of the child support payment on housing expenses to afford accommodations large enough to house the child and his/her belongings. Children are expensive, and a non-custodial parent looking from the outside in might not be fully aware of the true costs of raising a child on one income.

What if you suspect spending irregularities?

In cases where the child looks unkempt, like they may be suffering from neglect, or like they might be living in unsafe conditions, or if you have evidence that the custodial parent is misappropriating the child support they receive, you can work with a family law attorney who will petition the court for an investigation.

While there is no requirement in Maryland that custodial parents account for the child support payments they receive from non-custodial parents, the paying parent does have legal recourse if they suspect that their child is being neglected despite their paying child support every month.

Are you a non-custodial parent who is feeling suspicious about how your child’s custodial parent is spending the child support you pay each month, an experienced Annapolis family law attorney from Cynthia H. Clark & Associates, LLC can help. Please call us at 410.921.2422 to schedule a consultation, or complete our contact form. We proudly represent families throughout Maryland.

Family Law

How to Challenge Paternity in Maryland When You Are Not the Father

annapolis maryland paternity attorney

If you are an unmarried man and your female partner has told you that you are the father of her child, but you are having doubts about it, there are steps that you can take to challenge paternity. If you are married and your wife has given birth to a child that you are certain is not yours, there is another process for de-establishing paternity.

In Maryland, when a child is born to a married couple, the husband is presumed to be the father under the law. Your name will be automatically put on the birth certificate when the child is born, so if you are certain or have suspicions that you are not the child’s father, and you do not want to accept responsibility for the child, the sooner you challenge paternity, the less legally complicated the process becomes.

If you are an unmarried man, do not sign the birth certificate or any other document that acknowledges your paternity. If you have already signed, you have 60 days to rescind it.

DNA testing and paternity

The definitive way of determining paternity is through a DNA test, which the court may order if paternity is being challenged. DNA testing, while not 100% foolproof, is often an accepted and admissible form of evidence for the courts, and the tests are inexpensive and easy to administer. All you must do is take a swab from inside of your cheek and inside of the child’s cheek. You send the two swabs off to be tested and you will get the results in the mail.

Once you get the results of the DNA test you have a few options:

If the test shows that you are not the father, you can use the testing documentation to show the court that you are not the child’s father and you will not be obligated to pay child support for the child for the next 18 years (or longer). The court can then pursue the child’s father and compel him to fulfill his obligation to pay child support. If the actual father is interested, he can also pursue a parenting time arrangement with the child’s mother.

If you are indeed the father, you will then have to assert your paternity and then petition the court for a parenting time arrangement between you and the child’s mother. By asserting your paternity, you will then be obligated to paying child support to the child’s mother for your portion of the financial support for the child.

An experienced Maryland family law attorney from the law firm of Cynthia H. Clark & Associates will help you determine how much child support you might be expected to pay, and we can support you in de-establishing paternity if you are married to the child’s mother.

If you are considering challenging a paternity action because you are not the father of the child, our experienced family law attorneys can help. You are welcome to contact Cynthia H. Clark & Associates, P.A. at 410.921.2422 or contact us to schedule a consultation with a skilled Annapolis family law attorney. We have the skills, experience and resources you want on your side and we will protect your rights when they are being infringed upon.

Family Law

Stay Involved in Your Child’s Life after a Divorce

annapolis child custody lawyer in maryland

Divorce means the dissolution of the marriage, but when you have children your role as a parent will have to change after a divorce to comply with the laws. In Maryland, courts may grant primary residential custody to one parent over the other, which means that the child will live most of the time in that parent’s house. The other parent gets visitation or parenting time with the child. Sometimes, parents choose this arrangement themselves, as well.

As a non-custodial parent, where you can make the biggest difference in your child’s life – other than paying child support consistently – is to be involved in every aspect of your child’s life. Children thrive best when they can enjoy a healthy, bonded relationship with both parents.

Tips for non-custodial parents

Here are some things to consider about what makes a parent-child relationship work when you are a non-custodial parent:

  • Be involved in your child’s personal life. Just because your child does not live with you does not mean that you must be any less involved. Show interest in what interests them; know who their teachers are and attend parent-teacher conferences; show up for extracurricular events, games and exhibits. Your child wants to feel confident in the knowledge that you can be depended upon to show up and support their endeavors and dreams.
  • Model a healthy co-parenting relationship. Your child will benefit greatly when you and your former spouse can successfully pivot away from squabbling spouses to cordial co-parents. Discuss and agree on a consistent plan for discipline so that one parent does not end up feeling like the “bad cop,” and the other parent lets the child get away with everything. If it helps, think of your co-parent as a business partner. Dealing with your interactions in a cordial, professional manner helps keep emotions out of the picture.
  • Create a parenting plan and stick to it. Work with your co-parent and create a parenting plan that includes a visitation schedule, holidays, vacations, birthdays and other family or religious events. Make sure you stick to the parenting plan at all times. If the parenting plan is incorporated into the judgment of your divorce, it has the force and effect of a court order; violations of the plan can subject you to contempt proceedings and sanctions. Furthermore, your child will also benefit from a consistent schedule as will your relationship with your former spouse.
  • Keep communication open. When you cannot be with your child in person for a visit, make sure to speak with them on a regular basis. Try using Skype or Facetime or any other kind of video chatting platform so that you can see and interact with your child when you are not together. Remember that there is no intrinsic right of a parent to speak to your child with any specific frequency; however, your spouse cannot restrict the access you are guaranteed to your child by a court order or parenting plan. If the parenting plan addresses the amount of time you may speak with your child, failure on behalf of your former spouse to abide by that plan could cause him or her to face contempt charges.
  • Do not argue or fight in front of your child. Exercise as much self-control as you can muster up and avoid fighting and arguing in front of your child at all costs. Do not speak negatively about the other parent to your child, either. It does not foster a healthy relationship between your child and their other parent, and is likely to backfire in a myriad ways.
  • Keep your commitments. Show up when you are scheduled to show up. Uphold your end of the parenting plan. Keep your financial obligations. Do not allow disagreements with your co-parent to cloud your commitment to be a good parent to your child.

Even as a non-custodial parent you have the opportunity to have a positive, lasting impact in your child’s life and on the kind of person he or she will become. When you are willing to let go of your disagreements with your former spouse and agree to be the best parents possible for your child, it can only have beneficial results.

You are welcome to call 410.921.2422 or contact Cynthia H. Clark & Associates, LLC to discuss your child custody questions in a no obligation consultation at our Annapolis office. We understand the needs of parents in divorce. Our Maryland family law attorneys can protect your interests.