Maryland Divorce Lawyer - Cynthia H. Clark

What are The Must-Know Details of Child Support?

First of all, every parent needs to remember that — whether he or she is the payer or the recipient of child support — child support is the legal right of the child. In other words, child support is for the costs associated with a child’s upbringing, and it is not for the custodial parent who receives those funds. Knowing this can help parents stay level-headed and realistic not matter which side of the issue he or she happens to be on.

In the state of Maryland, most parents who are required to pay child support are non-custodial parents. They pay their support obligation to the parent who has custody. The court, usually calculates the amount of that support based on the paying parent’s level of income. If the parent earns more money, he or she will likely be required to pay more in child support.

Considering that around 50 percent of married couples end up divorcing these days, and considering that 25 percent of kids are born from non-married couples, the policing of child support decrees become an increasingly important service provided by the government. In the event that the paying parent falls behind on his or her child support obligations, the court (and the police) may at some point intervene. The state of Maryland takes child support seriously and it will aggressively pursue payments from any parent who has fallen behind, regardless the reason for one’s lateness.

For parents who are owed child support in Maryland, it may be necessary to seek the assistance of a family law attorney to get the money they and their children are owed. Similarly, a parent who has fallen behind on child support may wish to consult with a legal professional to find out what his or her rights are and how to resolve the problem.

Source: FindLaw, “Child support basics” Oct. 13, 2014

Alimony

In the spirit of the Halloween season, I thought I’d discuss a topic that strikes fear in the hearts and minds of many divorcing parties — ALIMONY!!!

In many folks’ minds, “alimony is the boogey man” of Family Law. If you are the potential payor of alimony you want to know how you can keep the dreaded alimony away. Are there any magic potions that can be conjured up to ward off alimony? Is there an elixir one can take to make you immune to alimony?

On the other hand, if you are the recipient of alimony, the fears run more along the lines of avoiding any snares or traps that might cause you to lose alimony.

This week’s question arises out of a context in which alimony is being paid to a former spouse by contractual agreement.
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Question: Will the obligation to pay alimony terminate in the event the ex-spouse begins “cohabitating” with another person?

Answer: It depends. Unless a party has expressly identified “cohabitation” as a condition that triggers termination of the obligation to pay alimony in the parties’ separation agreement, then the alimony obligation continues. Even if a party includes a cohabitation clause in the separation agreement, the court will have to find that the arrangement between the ex-spouse and the person with whom the ex-spouse lives constitutes “cohabitation” as a matter of fact.

General Interest

Vote in Maryland: You Must Register Today

Clients are often concerned that the law does not seem to be “fair” in various areas. The Maryland Legislature and Governor determine Maryland family law. The entire legislature as well as the Governor will be elected next month. This is an opportunity to participate in selecting people who will guide family law development.

Today is the last day to register to vote. We are electing a Governor, all of our state offices, our county offices and Congress. Exercise your right to vote.

Confidential relationships

Can My Spouse Learn My Confidential Commuications With Therapists

As a child growing up in the 80’s I listened to all kinds of music — that includes early Rap music — on my boom box from my happy suburban home in Annapolis, MD. One of the rap lyrics that stand out in my mind all these many years later is found in a song entitled “The Message” written by Grandmaster Flash and the Furious Five. The hook of the song says: “Don’t push me ’cause I’m close to the edge. I’m tryin’ not to lose my head. It’s like a jungle sometimes. It makes me wonder how I keep from going under.” You may be wondering where I am going with this. It’s simple. Every day in our Maryland family law practice, we encounter persons that are dealing with a situation so unexpected and shocking that it literally leaves the person disoriented and dispirited. And often before a potential client can decide what legal steps he/she should take we encourage the person to speak with a therapist or counselor to help him/her process the range of emotions that one feels when the world such as one knew it has changed so suddenly with little to no advance warning. One of the concerns that we hear when suggesting that a new client seek counseling, especially where child custody is going to be a hotly contested issue is whether the individual will be forced to disclose to the other party (parent) that he/she has seen a mental health professional. ************************************************************** Question: Can a party compel disclosure of a spouse’s communications with a therapist related to diagnosis or treatment as part of a custody action? Answer: No. Under Maryland law, communications between a patient and a psychiatrist or psychologist is privileged and therefore protected from forced disclosure. However, the individual seeking to keep such information private must be careful to invoke the privilege in a timely manner and not inadvertently waive the privilege. A party can inadvertently waive the privilege by introducing his/her mental condition as an element of his/her claim or defense. For example, if a party in a divorce action introduces his/her anxiety or depression as an explanation for why he/she cannot obtain or maintain employment, then the court can decide that such party has “opened the door” to fuller inquiry into his/her treatment records and diagnosis records. Similarly, a party can answer certain questions presented orally or in writing by opposing counsel that inquires into past mental health treatment or diagnosis and find that in doing so, he/she has waived the privilege when there is a later attempt to assert the privilege. Conversely, a party or a party’s authorized representative can expressly consent to waive the privilege where there is a decision by the party (with counsel) that such waiver is appropriate. ************************************************************************* In short, there are times in most people’s lives when life becomes overwhelming and it’s hard to get hold of one’s emotions. Often a divorce precipitates one of those times. There is no harm in engaging a professional therapist to help manage the emotional aspects of a divorce while engaging a legal counselor to help manage the legal aspects of the divorce. Both of these professional relationships are covered by legal privileges to encourage the client to speak with candor and get the advice and support he/she needs.

Child Support

How Will Bankruptcy Proceedings Affect Child Support?

Whether a Maryland parent is on the receiving or paying end of child support, a bankruptcy ruling could affect those payments. Depending on one’s unique situation and financial circumstances, though, a bankruptcy ruling could affect child support obligations in different ways.

For example, what if an ex-spouse declares bankruptcy and tries to say that he or she is no longer responsible for child support payments? Generally speaking, this is not possible because monthly support obligations cannot be discharged or placed on hold through bankruptcy. If a spouse tries to use bankruptcy proceedings as an excuse for not paying the support, then state courts can apply various legal methodologies to enforce that payment — whether it be wage garnishing, income tax return confiscation, or the threat of arrest.

What about unpaid back child support? Can this get wiped out through the bankruptcy process? The answer to this question is most definitely, “no.” Unpaid support, just like other categories of debt, cannot be dissolved through bankruptcy proceedings. In certain circumstances, if an ex-spouse is no longer able to afford his or her child support due to financial problems, the ex-spouse can petition the court to modify and reduce his or her monthly obligations. However, even if this happens, it will not affect any amount of child support that was previously owed.

Maryland residents who want to know more about how their bankruptcy filing — or an ex-spouse’s bankruptcy filing — might affect their child support decree may wish to speak with a family law and bankruptcy law attorney. Indeed, those who are behind on support obligations, who also have large outstanding debts in addition to their support owed, might benefit from bankruptcy proceedings. While child support debt cannot be dissolved through bankruptcy, by resolving other types of debt it could serve to free up income and capital to better meet one’s support obligations in the future.

Source: FindLaw, “Child support and bankruptcy” Oct. 06, 2014

Child Custody

Producer Randy Jackson and Wife to Divorce

Randy Jackson, the “American Idol” judge, will soon be entering into the divorce process. His soon-to-be ex-wife, Erika Jackson, filed for divorce on Friday in Los Angeles. She is asking for joint legal custody and full physical custody of their son, Jordon, who is currently 17 years of age. The couple also has a daughter together, but she is an adult.

Erika Jackson has also asked for spousal support, and she wants to be compensated for attorney’s fees. The couple has been married for 18 years, and the divorce announcement has been revealed only a few weeks following Randy Jackson’s sale of a $1.9 million West Coast home.

Erika Jackson is not Randy Jackson’s first wife. The music producer was previously married and has a daughter with his first wife. It is unknown what kind of child custody arrangements were made in the previous marriage. Randy Jackson’s first marriage has been dissolved since 1990.

Divorce is never easy, no matter how many times one has to go through the process. Also, for a celebrity like Randy Jackson, the process can be even more difficult as it becomes the subject of media scrutiny.

Randy Jackson — like many individuals in Maryland — has been through the divorce process before and this experience might help him to better handle the legal and financial details pertaining to his separation. Similarly, an experienced divorce attorney — who has taken his or her clients by the hand through divorce proceedings time and time again — will have the ability to help individuals navigate their divorces with success.

Source: thegrio.com, “Randy Jackson’s wife files for divorce” Sep. 29, 2014

Child Support

Child Support is Mandatory

Child support is mandatory in Annapolis, Maryland family law. The child support guidelines provide a presumptive amount from which it is hard to vary.
When most folks think of divorce they immediately think of MONEY. How much is this going to cost me? Will I get alimony? How much child support will I be required to pay? How much am I going to have to pay in attorneys’ fees? Can I get my spouse to contribute to my counsel fees?

It is understandable that anyone facing a divorce will consider its financial consequences. It is not hyperbole to say that divorce can devastate a family financially and that doesn’t even consider the emotional costs. Similarly, it makes sense that parties would seek to manage their costs by trading certain assets for others and bargaining away some rights in order to get other rights. Most of the time this “horse trading” is perfectly legitimate with one notable exception, which is the subject of this week’s question.

Despite what I have written above, parties still find ways to reduce child support. For example, some parents agree to have child support calculated on a “shared custody” basis, even though they know that the child will primarily be in one parent’s care so that the child support owed by the non-custodial parent is less than it otherwise would be. Some parents will enter into settlement agreements in which one parent is charged with paying for some child-related expense that is not included in the child support calculation (i.e. transportation costs of the minor child, private school tuition, extracurricular activities, summer camps) as a means of justifying a downward deviation from the child support guidelines. There is nothing inherently wrong with this practice so long as the adjustment in support still serves the “best interests of the child.”

Although highly motivated parties can find creative workarounds in the Maryland Child Support Guidelines, the guidelines and the minimum support principles that it imposes on each parent serves a useful function. It reinforces the notion that a child deserves the care and support of each of its parents regardless of how modest or substantial a child’s parent’s financial means may be.

Legal Separation

Maryland Separation Agreements

Divorce does not always have to be difficult. Indeed, the bitterness and disagreements that are commonly associated with a divorce can be mitigated through a negotiated legal separation agreement. We assist clients in easing their divorce tensions through such mediated agreements.

One of the biggest issues of divorce relates to property disputes. For example, if the dispute involves business assets, the value of those assets has to be determined prior to them being divided. These issues can be complex because different business appraisal experts can have different ideas about how much a particular business is worth. This is where experienced legal counsel is key to protecting one’s rights.

Our law firm specializes in the discovery and proper disclosure of marital assets of all varieties. We handle appraisals for real and personal property. Business valuations are also a common area that we handle when it comes to legal separation agreements.

Maryland spouses are always encouraged to utilize mediation services when possible because it can help them resolve divorce disputes through mutual agreement. By avoiding litigation proceedings through a mediated separation agreement, divorces are usually faster, less costly, and less emotionally taxing.

Indeed, when a well-organized separation agreement can be drafted, it can be a boon to both sides of a Maryland marriage, while helping them honor their time and history together in the most peaceful fashion possible. Ultimately, every divorce must be handled on a case-by-case basis, but a mediated divorce agreement can further help prevent many of the pitfalls that can occur after a divorce. Our web pages on separation agreements and divorce can provide more information.

Marital Property

Marital v Non-Marital Property

Marital v. Non-Marital Property Classification is extremely important in determining ad of issues that arise in a custody dispute and turn to issues related to the classification of property as marital or nonmarital. The first thing a Maryland family law judge must determine when deciding how to equitably divide assets that a married couple has acquired either jointly or separately is whether such property is marital property or nonmarital property.
This determination is significant. Property that a court decides is nonmarital will be excluded from equitable division by the court. In other words, if a court determines that a parcel of land, an automobile, or a house was acquired by one spouse alone, the other spouse will be precluded from laying a claim to any of the value associated with that property.

Most people have an intuitive sense of what belongs to them. In a divorce, spouses’ sense of entitlement and right to a certain property becomes even more keener. Countless family law clients have come in saying “I paid for that ___ (fill in the blank) out of my hard-earned money. It’s mine.” Others have come in dispirited saying, “I am at a loss, I put so much sweat equity in the house and made mortgage payments but my spouse never got around to putting me on the deed.” Well, as you will see with this week’s question and answer, your intuition regarding what’s mine and what isn’t may not serve you well in this area of family law.

Marital Property

Does It Matter if My Name is Not on the Deed?

*Marital Property is all property acquired during the marriage except by gift or inheritance and its classification is not directed by title to the property under Maryland family law.

Question: If my name is not on the deed to the family home but the home was purchased during the marriage, do I have any marital interest in the equity of the home?

Answer: Yes. Under the Maryland Family Law Code, property that is acquired during the marriage is considered marital property REGARDLESS of how the property is titled. There are a few exceptions to this rule. For example, if the home was acquired by inheritance or gift from a third party or the home has been excluded as marital property by a valid agreement between the parties then the Court will consider the property to be non-marital. ***************************************************************************
This all sounds very straightforward. However, making these marital property determinations can be more difficult than simply applying the above-stated rule to the facts in your case. Maryland courts have added more complexity (judges would call it clarification rather than complexity) to the rule through their various decisions. For example, Maryland courts have held that property will not be considered “acquired” before marriage unless 100% of the funds used to purchase that property are provided by one person alone from premarital funds. Therefore, a home that has been purchased in part since the date of the marriage will be considered marital property.

I know that may sound like a lot of legal mumbo jumbo so let me boil it down to a simple admonition. DO NOT SIGN A SEPARATION AGREEMENT DIVIDING UP PROPERTY WITHOUT FIRST SEEKING THE ADVICE OF AN Annapolis, MARYLAND FAMILY LAW ATTORNEY.