Maryland Divorce Lawyer - Cynthia H. Clark

Music Artist Resolves Child Custody Dispute With Ex

The music artist named Future has settled a child support and child custody dispute regarding his 11-year-old son. The rapper — who is famous for the song “Turn on the Lights” — has agreed to pay the mother of his child more money in child support so that she and the child can relocate to a better school district.

Specifically, the singer will pay approximately double his previous child support amount of $1,200 per month. The ex-couple also settled a child custody dispute regarding who the child spends holidays with. Another part of the agreement involved the mother moving to a new area, where the child can enroll in a better school.

The settlement reached in this family law matter is indicative of how such disputes can be resolved in a lot of different ways. Indeed, Maryland parents can reach a settlement agreement with the mother or father of their child to change residence so that the child will live closer to them. Some may — like Future in this case — may also choose to make an agreement so that the child will attend a better school. Depending on the needs, wants, or goals of both parents, they may also be able to negotiate the amount of child support payments and vacation time arrangements in order to achieve their goals.

Future recently became the father of another child, his fourth, with his current wife-to-be. Whether they will have any more children in the “future” and whether those children will later become the focus of another child support or child custody legal dispute will remain to be seen.

Source: contactmusic.com, “Future Settles Child Support And Custody Battle With Ex” Aug. 01, 2014

General Interest

Courtenay Basile Sperry

Courtenay Basile Sperry joined this law firm as an attorney earlier this summer and we are pleased to have her. Family law is not for all attorneys. Legal skills are critical but just is critical is an understanding of interpersonal dynamics, a sincere desire to help a family resolve problems and the commitment to clilents.

Courtenay possesses all of those skills. She has practiced law in Anne Arundel County for another firm. She attended college at University of North Carolina and an undergraduate class in mass communication and the law sparked an interest in the law which ultimately resulted in her attending law school. One summer, she interned for the Honorable Ruth Jakubowski from the Circuit Court for Baltimore County. There, she recognized that her passion was in practicing family law.

She is skillful and possesses the understanding of the emotional issues and the sensitive nature of the family law situations.

Courtenay said “Famiily law matters are the most sensitive and tumultuouse that one can experience. I believe in handling each individual matter with compassion and with the goal of obtaining the most beneficial outcome for my clients and their respective families.”

Courtenay will practice throughout the state. Paula Peters and Cynthia Clark are pleased to welcome Courtenay aboard our team and look forward to working with her.

Child Support

Jailed Father Who Overpaid Child Support Finally Released

A father, who was imprisoned in a southwest state after technically overpaying his child support, has been released. The man’s lawyer announced that he secured his release on July 2 during a standard jail review hearing. Allegedly, the man was imprisoned because he was behind on his child support payments — due to no fault of his own — because his employer made a clerical error. While this situation is indeed rare, it is not uncommon for parents in Maryland or elsewhere to find themselves in trouble with the law for failing to pay their child support on time.

When the man, in this case, discovered the error, he immediately paid the child support debt he owed and then some. In fact, he paid an extra thousand dollars while catching up on the overdue amount. However, this was not enough for the state court judge who ruled him to be in contempt of court anyway. He was subsequently sentenced to jail.

The man’s lawyer says that the issue lies with a new law that was enacted in June of last year. The law invalidated protections that used to help Texas parents who fell behind on their child support payments. The new and harsher legislation means that deadbeat parents, in addition to parents who are legitimately experiencing temporary financial problems, are treated the same. Fortunately, the father was ultimately released when he was able to show that he was paid in full on child support during his jail review hearing.

Numerous Maryland parents find themselves in trouble with the law if they get behind on child support payments. However, it is important for parents to remember that uncontrollable financial circumstances do not mean that they are “deadbeats.” Also, parents experiencing financial problems may wish to file a legal petition to have their child support obligations reduced to reflect their new economic standing in order to avoid the potential for legal troubles later on down the line.

Source: Uptown Magazine, “Father Freed after Serving Time for Overpayment of Child Support” Dayne Starr, Jul. 29, 2014

Child Support

Facebook Used as Evidence in Deadbeat Parent Child Support Cases

These days, Facebook has become a big part of the lives of Maryland residents and others all over the nation. Evidence gleaned from social media websites is even being used to incriminate people. Take the issue of child support, for example. Authorities in different parts of the United States are using evidence from Facebook brags to convict men and woman who have failed to pay their child support.

In one Midwestern case, authorities contacted a man after he failed to meet the court-ordered child support obligation regarding his cancer-ridden son. Allegedly, the man was boasting on Facebook about his financial success and other exorbitant entertainment expenditures. In another child support case, a woman was accused of buying plastic surgery instead of paying her child support. Yet another man was accused of buying an expensive music studio while he failed to meet his child support obligations.

Parents who cannot afford to pay their child support in Maryland can file a petition with the court to have their child support reduced. However, parents who are not paying out of choice can be arrested and held accountable under the law. In the case of a parent who is flaunting his or her financial success on Facebook, that evidence can and will likely be used against them him or her in court.

Maryland courts strive to distinguish between a deadbeat mother or father and an impoverished one, and they tend to hold the deadbeat ones accountable wherever possible. As such, parents who believe that their ex-spouses are purposefully neglecting their child support obligations may have strong cases to recoup the child support they are owed, in addition to legal fees and other litigation costs.

Source: kfor.com, “Parents not paying child support get busted because of Facebook posts” Jul. 18, 2014

Property Division

Property Division Challenges Relating to Real Estate in a Divorce

Dividing the family home during a Maryland divorce can be difficult for a variety of different reasons. Although the process can be challenging, though, there are some specific strategies that divorcing individuals can employ depending on the obstacle that presents itself.

For example, individuals who are legally married and not yet divorced (or not yet legally separated), may wish to purchase a new home to move into before the separation process has been carried out. Because these individuals are still legally joined to their future ex-spouse, though, the future ex-spouse would need to execute a quitclaim document, in order to release his or her interest in the new property.

Another challenge could involve an individual whose ex-spouse was awarded the home in a divorce settlement. If the ex-spouse has not been able to obtain a new mortgage for refinancing the other spouse off the original mortgage, the old mortgage could present a credit report challenge for the individual seeking to buy a new home. In order to completely remove one’s name from the old home, the ex-spouse must either sell the home or refinance it — which may be easier said than done in some cases.

There are other challenges that Maryland couples might face in the property division process. However, these and the above challenges are easiest to resolve when both spouses are able to maintain open communication throughout the separation process and/or make use of peaceful mediation services during their divorce. While this is easier said than done in many cases, those who can achieve a peaceful separation will save money and prevent unnecessary emotional turmoil in the long run.

Source: Fox Business, “How to Divide Your House in a Divorce” Jul. 14, 2014

Child Custody

Colts Owner Asked to Give Testimony in a Child Custody Dispute

Jim Isray, the owner of the Colts, has been ordered to give his testimony as part of a child support hearing. The father of the children in the child custody suit has asked for Isray to be barred from having contact with his kids. The mother of the children is currently living in a home that Isray owns. Their father believes that Isray is a drug addict and therefore, should not be allowed to see his kids.

In a letter written to the court, the father said that he does not want his children to be subjected to substance abuse behavior. He further wrote that money cannot buy self-respect or morals.

According to court papers, the children were allegedly at home with their mother, in the house that Isray owns, when Isray was arrested for DUI just blocks away. The father of the children claims that the Colts owner’s court testimony will reveal what kind of conditions his children are forced to endure at their home. The man has also requested Isray’s medical records be presented as evidence of his addictions, which would negatively influence his children.

Parents in Maryland who are in the midst of a child custody disagreement with an ex-spouse who has a drug addiction problem may be able to use evidence of the addiction to their favor in child custody proceedings. Maryland family courts always strive to make decisions in the best interest of the child, and in cases where children are in danger of being exposed to drug addiction and/or other types of unlawful behavior, the courts will make appropriate decisions to safeguard and protect the children from such exposure.

Source: Source: NBC Sports, “Jim Irsay ordered to testify in the child custody case,” Michael David Smith, July 9, 2014

Family Law

Colts Owner Asked to Give Testimony in a Child Custody Dispute

In a letter written to the court, the father said that he does not want his children to be subjected to substance abuse behavior. He further wrote that money cannot buy self respect or morals.

Parents in Maryland who are in the midst of a child custody disagreement with an ex-spouse who has a drug addiction problem may be able to use evidence of the addiction to their favor inchild custody proceedings. Maryland family courts always strive to make decisions in the best interest of the child, and in cases where children are in danger of being exposed to drug addiction and/or other types of unlawful behavior, the courts will make appropriate decisions to safeguard and protect the children from such exposure.

Source: Source: NBC Sports, “Jim Irsay ordered to testify in child custody case,” Michael David Smith, July 9, 2014

Child Support

Maryland Parents Late on Child Support Could be Incarcerated

Single fathers and mothers in Maryland struggle to pay their child support obligations on time, and most are capable of doing so. However, in some cases, financial troubles may cause a parent to be unable to pay the child support that he or she owes. In such situations, it is vital that parents know they could be arrested and jailed as a result of getting behind.

Indeed, in one southern state, authorities recently took to the streets to arrest dozens of individuals who were late on paying child support. A total of 40 parents were taken into custody as a part of the law enforcement operation, which is referred to as Operation Take Care. Police in the county that was conducting the operation says they have a total of 575 more arrest warrants on file for child support violations and plan to continue serving the warrants and arresting more parents.

In addition to the arrests, a large number of allegedly delinquent mothers and fathers have come forward voluntarily to avoid being taken into custody and to make payment arrangements for the child support they owe. Authorities are hoping that even more parents come forward. However, they will continue to locate late-paying parents and serve arrest warrants when and where necessary.

Due to the threat of temporary incarceration and other serious legal consequences, Maryland parents late on child support will want to address the matter as quickly as possible. Fortunately, state family courts are well aware of the fact that economic conditions can change in an instant. A parent may require an adjustment to lower his or her child’s support obligations to reflect the parent’s new economic reality. Nevertheless, parents must act quickly if they want to apply for a child support modification. Otherwise, they face the threat of arrest and other consequences after getting behind.

Source: KPRC, “Dozens arrested in child support roundup,” June 28, 2014

Civil Rights

The Civil Rights Act of 1964 was passed 50 years ago. A long time has passed and many people cannot relate to life prior to the Civil Rights Act, prior to Brown v. Board of Education, and prior to all of the related legislation that provided equal rights for minorities and for women. While I can’t remember whether Brown v. Board of Education is decided, I try to describe how different life was in the 60s and younger people simply can’t relate. It is even difficult for me to recall just how different the law was and how different people were treated today.

Lyndon Johnson is remembered for the Viet Nam War and we forget the landmark programs and legislation known as the “Great Society” that he conceived and guided through Congress.

We need to remember the words of Martin Luther King: “Human progress is neither automatic nor inevitable…Every step toward the goal of justice requires sacrifice, suffering, and struggle..the tireless exertion and passionate concern of dedicated individuals.

Property Division

Avoid These Issues When Dealing With Complex Property Division

In an ideal world, marriages would last forever, and wealthy Maryland residents wouldn’t have to ever worry about divorce and all the complexities it can bring. Although some couples are fully prepared with prenuptial agreements and other legal documents outlining how assets are to be split in a divorce, many are not. This can lead to complex property division – as well as many mistakes along the way.

The first thing to understand is that all the marital property of value needs to be considered and split appropriately. This is not limited to bank accounts. Many wealthy couples share business assets and property. There are also 401(k)s, IRAs, pensions, stocks, and retirement accounts that must be disclosed and split fairly. A divorce financial specialist can help the wealthy ensure their fiscal health.

Divorce can be very stressful, and many people need a shoulder to cry on during this emotional time. They may look to friends and family for advice. While these loved ones may try to be helpful, their well-meaning advice could lead someone in the wrong direction. Wealthy couples often have complex property division issues and are better off getting information from their lawyer or financial adviser.

In addition, put aside the misconceptions about the court. The court will not produce the results most people desire. Couples are far better off trying mediation or negotiating a settlement rather than having their day in court.

It can be challenging to agree on an equitable division of assets in a divorce. That is why more and more couples choose prenuptial agreements before tying the knot. But even without an agreement in place, couples can still come out ahead by avoiding common mistakes.

Source: Forbes, “Three Of The Biggest Mistakes The Wealthy Make When Divorcing” Russ Alan Prince, Jun. 09, 2014