Author: Cynthia H. Clark

Family Law

What is Rehabilitative Alimony?

When it comes to alimony law, Maryland residents who are unfamiliar with the topic may have a lot of questions pertaining to various types of alimony and how or why a particular spouse might be required to pay it. One specific type of alimony that will be explained in preceding text is called rehabilitative alimony.

Rehabilitative alimony is a temporary form of spousal support. Generally, when courts award rehabilitative alimony to a divorced spouse, it is intended to assist the receiving spouse in getting back on his or her independent financial feet following the divorce. In some ways, rehabilitative and other types of alimony are a vital part of our legal system because they provide non-income-earning spouses with the financial freedom they need to end a toxic and/or abusive marriage.

In some marriages, one spouse will be the spouse who earns the income for the family while the other spouse takes care of home matters and possibly the children. In cases like this, where there is a dramatic income disparity, the lesser income-earning spouse may be able to win an award of rehabilitative alimony to pay for living expenses and education or training. The education and training is intended to help that spouse become more employable so that he or she can later provide financially for him or herself. This is why rehabilitative alimony is temporary. It is only intended to help the lesser moneyed spouse take the steps he or she need to become fully financially independent.

In order to determine if you or your soon-to-be ex-spouse might qualify for rehabilitative alimony in your Maryland divorce case, it is necessary to review the incomes of both spouses, non-marital assets, shared property, living standards maintained during the marriage and other vital information. Fortunately, individuals who are curious about rehabilitative alimony can seek assistance from a divorce attorney to help them navigate this often-complicated area of family law.

Divorce

Are Divorces Up or Down? Should We Care?

Josef Stalin is credited with saying, “A single death is a tragedy; a million deaths is a statistic.” The implication is that statistics are easy to dismiss. Even if they deal with human tragedy, statistics almost instantly become data that disappears in the wind.

Divorce is an issue that seems to defy that premise, though. On one hand, there is an abundance of references in the media and in social policy debates about statistics that indicate half of all marriages end in divorce and that the problem is getting worse. At the same time, we posted last month about research suggesting that divorces aren’t as prevalent as all that.

The reality is that there really is no reliable federal data available to tell us what the divorce landscape really looks like.  In Maryland the State Department of Health collects statistics of marriages recorded in the state.  All people being divorced are required to complete forms which are forwarded by the court to the “statistic collectors” at the Department of Health.  When you read about the divorce rate in Maryland, that is the source.     Recently, the U.S. Census Bureau proposed deleting some marriage and divorce-related questions from its annual American Community Survey. The rationale given was that the information gathered is of little value and it would be inexpensive to get rid of them.

In what some say is a case of strange bedfellows being made, the proposal has reportedly brought academics — many of whom are thought to be of a liberal bent — and groups with conservative social agendas together to fight the bureau’s move.

Experts from the various camps say it would be a big mistake to drop the divorce questions. They observe that effects of divorce and its related legal concerns, such as property division, child support and child custody, have a way of rippling well beyond just individual families. The results can be felt across economic, social and cultural strata.

They say that and the fact that the divorce-related information in the ACS is largely responsible for spotting many of the family law trends in recent years makes keeping the questions in the survey.

What are your thoughts? Should we care about the divorce rate?

Source: CNN Money, “Should we stop tracking the divorce rate?” Kathryn Vasel, Jan. 8, 2015

Property Division

Economic Circumstances and Property Division in Maryland

In some states, property is split up pretty much 50/50 in a divorce, giving half of the assets — from monetary assets to items the couple owns — to one party and half to his or her spouse. If you go into a divorce in Maryland thinking that this is what you should expect, though, you’re going to be surprised, because Maryland does not use these community property laws. Instead, the state uses equitable division laws.

So, what is equitable division? It is the fair split of the assets, and the judge can decide after examining the case what is fair for each party.

There are numerous factors that must be taken into account, from who earned the most money to what property one person may have bought on his or her own. One of the most important things to think about is the economic circumstances that you and your spouse will find yourselves in after the divorce. The judge is going to make a decision based, in part, on these circumstances.

For example, you may not have a job, but your spouse may have a well-paying job. In some cases, this could mean that you are provided with a larger share of the assets because you have more need. Other things that factor into this are child support requirements, debt and additional types of income that you each may have access to. When the judge can see the big picture of your economic situation without your spouse, he or she will then decide how your wealth should be split up.

To learn more about this and divorce in general, check out our webpage on property division today.

Child Custody

Avoiding Child Custody and Other Divorce Problems Over Holidays

Being divorced on Christmas can present new challenges. Indeed, many newly divorced Maryland residents find the holidays one of the most difficult times of the year from an emotional standpoint, and the intensity of those emotions may take them by surprise. However, there are a few things individuals can do to keep the spirits high this holiday season.

If you have children, you may find it more difficult buying presents and taking care of the holiday responsibilities by yourself. One thing you can try is to maintain the tradition of decorating your home and other traditions that your family used to do, but simplify them. Put out less decorations. Ask for help when cooking holiday meals, and try making them less elaborate. This will help keep the holiday stressors at a minimum.

It is also advisable not to spend your holidays alone. If you do not have children, make sure to spend the holidays with family or with a friend. Most people will probably extend an invitation to you if you are alone during the holidays. Also, try not to argue about who the kids will spend a particular holiday with, where possible. Visitation schedules should have already been pinned down for holidays in the divorce agreement but even if a disagreement does arise, try to remember that your children will be happier if you and your ex-spouse do not fight over them.

If child-rearing issues and family time do become an insurmountable hurdle during the holidays, a divorce attorney or family law attorney may be able to help. Just remember to try and keep conflict at a minimum and that less stress means a happier holiday season for everyone.

Source: divorcesupport.about.com, “How To Reduce Holiday Stress During And After Divorce” Cathy Meyer, Dec. 25, 2014

Alimony

Representing Individuals in Maryland Alimony Disputes

Alimony is intended to help a lesser moneyed spouse enjoy a similar quality of life following a Maryland divorce. There are two primary kinds of alimony in the state of Maryland. One is referred to as permanent and/or indefinite alimony. The other is called rehabilitative alimony.

Permanent alimony will be paid to the receiving spouse for an indefinite or permanent amount of time. It is intended to assist the spouse in maintaining a similar level and quality of life — in financial terms — as the spouse experienced during the course of the marriage.

Rehabilitative alimony is a temporary spousal support allowance. Rehabilitative alimony is intended to help a Maryland spouse finance education or professional training that will assist in increasing his or her ability to earn a living.

Whether or not an alimony award will be granted by a Maryland court is difficult to predict with absolute accuracy. However, courts will generally look at a variety of important factors in making such a determination. First, the court will look to see if the alimony seeker is self-supporting either completely or partially. Next, the court will look at how much time is needed for the alimony seeker to get the education and/or training required to become fully self-supporting. Courts will also review the standard of living enjoyed by both spouses during the marriage.

In addition to the above, the ages of both parties, marriage duration, mental and physical condition of the spouses and the financial needs and incomes of both parties will be evaluated among other factors. Due to the sheer volume of information to be considered, and the subjective nature of court decisions relating to alimony, Maryland residents who are either advocating for or against alimony payments in their divorce may be able to benefit from hiring an experienced divorce attorney to represent them in their proceedings.

Divorce

Maryland Divorce Rates May Not Be As Bad As We Thought

Although this blog typically discusses the difficulties of divorce, like property division and child custody, there is some good news for all married couples out there. According to the New York Times website, the idea that half of all marriages in the United States will end in divorce — and that it is only getting worse — is not actually true.

New research suggests that approximately 70 percent of people who were married in the 1990s made it to their 15th anniversary. This is an improvement from marriages that began in the 70s and 80s, which only had about a 65 percent chance of making it to their 15th year. People who got married during the 2000s have an even lower likelihood of divorce, it appears.

If the statistics prove true, about two-thirds of all marriages will escape divorce altogether. However, it seems that declining divorce rates are only benefiting those who have completed higher education. Individuals who do not have college degrees appear to have the divorce rate as those individuals married in the 70s and 80s.

Clearly, divorce has not disappeared altogether, but it is certainly heartening to hear something positive about marriage. Indeed, even for those who are engaged in property division, child custody and other types of divorce negotiations, it is nice to know that — should they choose to marry again — second marriage could have a higher chance of success than previously believed.

Maryland residents who are currently thinking about divorce and/or in the midst of a divorce may be able to benefit from sound counsel from an experienced divorce attorney. An attorney can help divorcing individuals navigate the legal and financial complexities of the divorce process with success.

Source: clarionledger.com, “NYT: Divorce rate has been declining since 90s” Sam R. Hall, Dec. 02, 2014

Family Law

Maryland Family Lawyers Thankful for Trust of Clients

We, at the Law Office of Paula J. Peters, P.A., have so many reasons to be thankful.

We are thankful for good health, and for the lives of loved ones gone and those who remain with us and enrich our lives daily.

We are thankful for our four-legged family members who love us without limits or conditions.

We are thankful for our clients who entrust us daily with their personal and important family law matters. We aspire to never violate your trust and to always strive to be worthy of your patronage.

We are thankful to be citizens of the United States of America and this great democracy that while imperfect in many ways strives to live out the promise of its founding documents and the hopes of all its people.

Last, but not least, we are thankful for our service men and women who sacrifice so many days away from their family members so that we enjoy the peace and tranquility of time spent with our loved ones here at home. May we never forget your sacrifices.

Happy Thanksgiving from our family to yours.

Property Division

How a Pet Parenting Plan May Help in Maryland

No matter how much you feel like your pet is a member of your family, the unfortunate truth is that a court in Maryland is not going to use child custody laws when dealing with pets. Instead, the court will look at your pet as property, just like a car or a house. What this means is that your pet could be given to your spouse during a divorce.

If you both want to own the pet, however, there are some things that you can do to make this happen. To start with, you may want to think about setting up a pet parenting plan. You can do this largely in the same way that you would create a child parenting plan, as long as you can come up with something that you both agree to.

For example, you could have the pet one week, and your ex could have it the next week. You could determine who will need to take care of it on holidays, and you could divide the major holidays between the two of you. One important thing to consider is what ability you have to drop the pet off at your ex’s if you are going on a trip and you need someone to watch it. Will your spouse be open to that or not?

Finally, it’s a good idea to work out a plan to cover the expenses of caring for the pet. Unless you want to have two of everything — such as leashes, food bowls and toys — you need to split these things up. Additional vet costs may also have to be divided.

If you want to make sure that property division laws don’t take your pet away, consider your legal option to create a plan to share your pet with your ex.

Source: Huffington Post, “Divorce Confidential: Crafting a Creative Pet Parenting Plan” Caroline Choi, Nov. 19, 2014

Property Division

What if 1 Spouse Wants the House During Property Division?

Depending on what each spouse wants and depending on each spouse’s unique financial circumstance, divvying up the family home in a way that makes everyone happy could prove difficult. A lot of times, one spouse will want the home, and the other will want to get his or her name off the mortgage. Sometimes, this is easy if both spouses have good credit, but sometimes refinancing the mortgage solely in the other spouse’s name is impossible. In such cases, it may be necessary to sell the residence outright.

One typical snag with regard to refinancing involves so-called “jumbo loans,” which are loans above the government-backed loan limit. The limit is $417,000 in most cases and up to $625,500 in certain high-priced neighborhoods. With jumbo loans, both individual income and net worth figures are important. For this reason, it is important to keep in mind that lenders do not tend to consider alimony and child support to be reliable income until after a year of payments have been received. Lenders will also want to see the spousal or child support payments continuing at least three years into the mortgage.

As for solutions, if ex-spouses receiving alimony and/or child support are having a difficult time getting approved, they might try to use some cash or assets received from a divorce settlement to make a larger down payment on a home mortgage. This could serve to reduce the amount of the loan, making monthly payments lower and making the loan easier to get approved. In other cases, a spouse might agree to keep his or her name on a mortgage, so that the ex-spouse can keep the family home, but this requires trust and confidence on the part of both spouses, and it also means that it will affect the other spouse’s credit report.

Even the moneyed spouse — the one who has to pay spousal or child support – could run into trouble trying to refinance a mortgage because his or her net income would be reduced by the monthly alimony and child support payments owed.

Because of the complexities involved with transferring home ownership during property division, Maryland couples are encouraged to discuss the matter with their divorce attorneys before completing any kind of agreements to remove a spouse’s name for home title and before executing a divorce agreement that requires one spouse to refinance.

Source: The Wall Street Journal, “In a Divorce, How One Spouse Can Keep the House” Anya Martin, Nov. 05, 2014

Child Support

Frequently Asked Questions About Maryland Child Support

Maryland parents who are in the middle of a child support payment dispute may have a lot of questions about the state’s child support services program. Indeed, the state of Maryland offers a special child support services program to help parents enforce their child support decrees. So what are the most important questions you should have answers to?

Who can receive child support services? Generally speaking, any person who serves as custodian of a child under 18 is eligible for child support services. Biological parents, uncles, aunts, guardians, grandparents and other individuals taking care of a child could be eligible for the services. Some of these services include helping parents establish paternity, getting a child support court order and collecting unpaid child support. Other services include helping child support payers to sign up for the voluntary wage withholding program and helping parents ask for a modification to their child support amounts.

Parents may also want to know how they can find information about their pending child support matter. The Maryland Child Support Administration can be contacted by way of a toll-free number. Parents can speak with a representative from the Customer Care Center to answer their questions. If that representative cannot effectively answer the questions, then your child support services case specialist will review your case and follow through with appropriate action. Parents will receive an update within 20 days following such a request, but they will be contacted within two days if the matter is a priority.

Invariably, parents will also want to know how much child support they need to pay. Maryland uses a special income shares model when determining child support amounts to be paid. These guidelines factor in the incomes of each parent, child health insurance costs and the number of children and a wide variety of other factors to determine the amount of child support to be paid. For a complete picture relating to your child support issue, parents may wish to consult with a qualified Maryland family law attorney.

Source: Maryland Department of Human Resources, “Paying Support: Frequently Asked Questions” Nov. 04, 2014