Maryland Divorce Lawyer - Cynthia H. Clark

Judge Awards Child Custody to State After Medical Disagreement

Although most of our child custody discussions center on the rights of parents after a divorce, a variety of other custody situations also require the help of a family attorney. Maryland residents may be surprised to learn that the state may seize custody of their children because of parents’ medical decisions. In one landmark child custody case in nearby Massachusetts, a judge has decided to award permanent custody of a 15-year-old girl to the state after allegations surfaced of medical child abuse from her parents.

The drawn-out legal battle began after the Department of Children and Families seized custody of the girl in February 2013. A diagnostic dispute had occurred between physicians at Boston Children’s Hospital and nearby Tufts Medical Center. Tufts physicians argued that the girl was afflicted with mitochondrial disease, which is a rare genetic disorder. Physicians at Children’s, however, asserted that the girl’s medical issues — including difficulty walking and swallowing — were largely psychiatric in nature.

The young woman remained hospitalized at Children’s for nearly a year. She has since been moved to a residential facility in another town, despite objections from her parents. Those family members are looking to return the girl to Connecticut.

News reports indicate that the girl’s parents are concerned that she has simply been treated like a piece of property. They say they want their child to return home, though they are so emotional that they cannot yet explain their next steps. Although Massachusetts officials say they want to help the girl return to her home state, a judge in the case has decided that the best interests of the child necessitate treatment at the residential facility.

Parents who are concerned about losing their child custody rights because of unfair government action may benefit from the assistance of a family attorney in Maryland. These professionals may provide additional information for child custody cases that occur within the context of a divorce. Parents have specific legal rights in court, and a Maryland attorney may help protect those rights during child custody disputes.

Source: Boston Globe, “Mass. granted permanent custody of Justina Pelletier” Patricia Wen, Mar. 25, 2014

Property Division

Stock Options, Restricted Stock Complicate Property Division

Maryland couples may realize that property division — even that involving straightforward assets such as the family home — can be far more complicated than anticipated. The more complex the property division becomes, the more unusual the assets that are up for grabs. Financial experts say two types of financial holdings are among the most difficult to value and divide: stock options and restricted stock.

For those who are not familiar with these two types of assets, a quick primer: Stock options allow employees to purchase shares at a previously determined low price. That price is valid for a period of years, during which the worker may purchase and then sell the shares at a profit. Restricted stock, on the other hand, is provided at no cost to workers, but it can only be sold when certain conditions, such as a specified term at the company, have been fulfilled.

Couples who are looking to divide such assets may face some hurdles in determining the exact worth of these holdings. In a volatile marketplace, it can be difficult to speculate about the future cost or value of stock options. Divorce teams for those with this type of complex valuation should include forensic accountants or economists to help determine the potential growth of the assets over time.

Attorneys may help clients receive their fair share of the restricted stock or stock options. A divorce financial planner is a valuable ally during this process, as that person may be able to determine a reasonable division that promotes client interests. It is also helpful to have an idea about your future plans for the stock options, including the time frame in which you intend to exercise them.

A divorce team that includes an attorney may provide the comprehensive support needed during this complex property division scenario. Maryland residents with such holdings may benefit from the assistance of a divorce attorney who can help them learn more about their legal rights. Both parties deserve their fair share of such business assets.

Source: Forbes, “Dividing Stock Options And Restricted Stock In Divorce” Jeff Landers, Mar. 19, 2014

Child Support

Claiming Child Support and Dependent Exemptions After Divorce

Tax exemptions and deductions: We all want them, but sadly, not everyone is eligible for tax breaks. This is no different for parents who are sharing financial responsibilities for their kids after a divorce. When you are paying child support and attempting to calculate fair financial terms, tax information becomes more important than ever. The ever-present question for Maryland co-parents is simple but not always easy to answer. Who gets the exemption?

In most cases, the custodial parent is permitted to claim the dependents on their federal tax return, which means that person receives the deduction. Decades ago — when moms were almost always the primary custodian — such calculations were relatively simple. With the advent of new child custody-sharing strategies, however, the financial needs of the kids are often met by both parents to some extent.

By default, the person with whom the child spends the most nights is considered the custodial parent and receives the exemption. However, parents may enter into independent agreements to accommodate their payments for their children’s financial needs. Many parents trade off claiming the exemption, with mom taking the even years and dad taking the odd, for example. Those divorce court orders may be accepted by the Internal Revenue Service if simply attached to the tax return, though some recent divorcees may be required to file a special form.

It is important to remember that special tax laws also apply to those who pay Maryland child support. In many cases, such amounts may be eligible for certain considerations designed to limit the financial hardship on one or both parties. A family attorney in Maryland may be able to provide additional information about meeting the best interests of the child while still protecting your bank account at tax time.

Source: Huffington Post, “Children of Divorce: Who Gets the Tax Exemption?” Stann Givens, Mar. 13, 2014

Domestic Violence

Ravens Star Ray Rice Charged with Domestic Violence

Domestic violence is an issue that we, as family lawyers in Annapolis, Maryland, see all too frequently. It is all too upsetting and disappointing that Ray Rice, a star of our Baltimore Ravens, was charged criminally for hitting his girlfriend and knocking her unconscious. Strong, professional athletes can inflict serious damage on their “loved ones” just by virtue of their brute strength.

Over the years, we have, unfortunately, dealt with violence and had clients who were killed or seriously injured by their spouses or mates. On occasion, children have been the victims of violence. We sadly had one client who was in a coma for a week from her injuries.

Before Sharon Grosfeld started working for this law firm, she was an advocate at the house of Ruth. As a member of the House of Delegates and Maryland Senate, she advanced protection from domestic violence and was seen as a leader in this field by the other members of the Legislature.

The Maryland law that provides for protection gives the victim the opportunity to have the abuser removed from the house. The victim can obtain relief at either the Circuit Court or the District Court. Once a petition is filed, the petitioner is taken to a judge for the judge to determine whether a temporary order should be granted. If the order is granted, the parties are required to come back to court to see if the order should be extended. The court also has the discretion to order anger management and other remedies in an attempt to protect the victims and preserve the family. Commissioners are available after hours and the issues do not have to wait for court…In addition to granting the initial orders, the court has serious penalties for the violation of a protective order.

There are also occasions when people are wrongfully charged with domestic violence, sometimes in an attempt to gain some leverage in upcoming litigation. The remedy of a protective order is a serious event. Both sides to the conflict have an opportunity to be heard in court and tell or their part of the story. The outcome of a protective order hearing could have an impact on some of the issues in a final divorce so this should be treated very seriously by both parties.

Alimony

Terrell Owens’ Ex-Wife Seeks Alimony After 72-Hour Marriage

Well-known football player Terrell Owens is back in the news after additional information has surfaced surrounding his secretive wedding to a postal worker. Owens, who has played in Maryland during his National Football League career, wed the woman in January after having kept a tight lid on the nature of their relationship. Just days after the wedding, the woman accused Owens of marrying her solely so he could seek financing for an expensive home. Now, the couple is formally dissolving their marriage. They were married for less than a week.

Even though the woman claims that she was targeted by Owens because of her financial holdings, she is still seeking alimony through the divorce proceedings. The woman is seeking compensation for all of her legal fees, and she also wants an unreleased amount of money for alimony. Further, the woman reportedly intends to contest the football player’s claim that the couple did not acquire any property together. It is not clear what kind of community property she could be referencing.

Alimony payments are generally provided for ex-spouses whose life paths have been altered because of a marriage. For example, a spouse that stays at home with the children might need alimony after a divorce in order to get back into the working lifestyle. Large gaps in a resume can cause significant hardship and barriers to future success. Further, the couple is considered to have worked together to earn the community property, so both partners deserve a share of their financial gains.

In this case, the woman claims that Owens married her for her money, so it is not clear whether her alimony claim will have much traction. Clients who are seeking alimony may benefit from discussing this decision with a Maryland attorney. Some specific legal strategies may prove useful in the fight for spousal support.

Source: Larry Brown Sports, “Terrell Owens’ estranged wife Rachel Snider seeking alimony” Steve DelVecchio, Mar. 07, 2014

Child Support

Maryland Child Support To a Child Out of The House?

Child support is due to children. But, children suing parents for child support in Maryland law is unheard of according to Annapolis, Maryland family law attorneys.

A rebellious New Jersey teenager sued her parents for child support of $650.00 per week, private school tuition, and future college expenses. According to the news reports, she would not obey her parents’ rules, and would not abide by their concerns about her boyfriend. The teenager left home and moved in with her friend’s family. While the child claimed verbal and physical abuse, the judge did not refer to that in his opinion.

The Judge said the teenager was “spoiled” and denied her request. He did schedule a later hearing on the request for college expenses. She was also seeking over $12,000 in legal fees which had been paid for by the adults where she was living.

While data is not collected on lawsuits like this, an informal poll of Annapolis, Maryland family law attorneys leads us to believe that this has not occurred in Annapolis, Maryland.

Note that in Maryland a parent cannot legally be required to pay for a child’s college expenses (unless there is a written agreement between the parents).

There is an instance when children can sue parents: in cases of physical or sexual abuse, a child has a cause of action against the abuser.

This “spoiled” child sounds rather like the affluenza defense which got a similarly indulged child off charges for killing four people drunk driving.

Drug Addiction

Marijuana “Overdose”

Annapolis, Maryland family law attorneys will tell you that whether drug addiction is grounds for divorce remains to be seen and decided. Consequently, who knows if marijuana use would be treated differently from the abuse of other drugs.

What surprised almost everyone, however, was Annapolis Police Chief Michael Pristoop’s testimony at the Maryland General Assembly. The General Assembly was having hearings on legislation to legalize or decriminalize marijuana.

The Chief testified against the bill, saying that there had been 37 deaths from marijuana overdoses in Colorado since pot was legalized this year. The source of his information was a satirical publication and, of course, the story was a satire and untrue. The testimony was so preposterous, it apparently went viral. (It is generally accepted in the scientific community that one cannot overdose on marijuana.)

Put aside the question of whether pot should be legalized, shouldn’t the chief law enforcement officer of Annapolis Maryland know the law he is enforcing and the effect of the illegal drugs? Marijuana is not an opiate. It is an herb. Many would say marijuana is a mellow herb. The “anti-marijuana” focus over the years has been that it is a gateway drug, not that it results in violence or drug overdoses. There are legitimate disagreements that should be discussed in the decision about whether to legalize pot. But let’s properly identify the legitimate disagreements before we talk about them.

The same should apply to whether drug addiction is grounds for divorce in Maryland. There are legitimate discussions to be had about this and one is whether marijuana should be treated differently than other illegal drug use.

Child Custody

Mother Seeking Child Custody After Father Commits Murder

A 7-year-old girl is in the care of an unrelated caregiver after a brutal killing in her home. The child’s mother has traveled from her home in Maryland to seek child custody rights in the case after the tragic incident, which occurred in a Florida residence. Authorities say that the 43-year-old woman is seeking child custody after the girl’s father allegedly killed that child’s grandmother.

Official reports show that the child’s father accosted the grandmother with a variety of objects, attempting to choke her with several implements and injure her with a box cutter. The defendant ultimately is accused of hitting that woman’s head with a sledgehammer, causing fatal injuries. The defendant then took his daughter to a friend’s house before turning himself in at police headquarters in the Clearwater area. So far, the child’s mother has not been allowed to contact her daughter.

The mother divorced the child’s father in 2010 after a four-year marriage. The man was granted full custody; his ex-wife said she thought the girl would be better off in that relatively stable home. The mother said that she did not have a steady income, and she was impoverished at the time of the divorce. As a result, she decided that it would be in the best interests of the child to stay in Florida. The woman did not have a frequent visitation schedule, but she saw the child several times per year and often spoke to her on the phone.

Child custody disputes that arise because of violent crime may be difficult for all parties involved. The woman, in this case, has indicated that patience will be the key to recovering her child, but the outcome remains uncertain. Maryland family attorneys may be able to assist parents who are attempting to retrieve their children from such dangerous circumstances.

Source: Tampa Bay Times, “Mother of Clearwater girl whose grandmother was slain wants custody” Laura C. Morel, Feb. 28, 2014

Legal Separation

‘Teen Mom’ Star Pursues Legal Separation From Husband

Scores of Maryland residents are familiar with the “Teen Mom” show on MTV. Although this show deals with a variety of parenting and family law concerns, legal separation is not always at the forefront of the cast’s issues. However, one of the stars of the show has decided to pursue legal separation after being married to her husband for just two months. The star, Jenelle Evans, reportedly is trying to distance herself from her spouse in order to avoid involvement in his legal problems. The husband, Courtland Rogers, has had some legal issues with drugs.

Evans said her mother and other relatives were shocked that she was thinking about pursuing a divorce from her current husband. Now, the young woman is not only planning to divorce her first husband, but she is also considering marrying another young man. Relatives speculate that Evans is considering the remarriage so quickly because she thinks a stable home life would help her receive full custody of her child. That little boy is currently living with Evans’ mother, according to news reports.

Evans has been active on social media, explaining her excitement about the impending divorce. The young woman and her new beau are reportedly expecting a child. Celebrity news sources indicate that Evans’ first marriage was conducted in secret; the second set of nuptials is likely to be more heavily publicized.

Legal separation can be an important first step toward divorce. Couples who want to learn more about the differences between Maryland divorce and legal separation may benefit from a family law attorney’s advice. These professionals may be able to provide additional information to help couples who are experiencing a wide variety of life changes.

Source: Examiner, “‘Teen Mom’ star Jenelle Evans pushing for divorce from Courtland” No author given, Feb. 18, 2014

Property Division

Can My Wife in Maryland Take Back Gifts She Gave Me if We Divorce

In Maryland divorce and family law, a wife cannot get back the gifts she gives to her husband if there is a divorce. Gifts given between husband and wife sometimes become a threat in Annapolis, Maryland family, and divorce law negotiations leading up to a separation agreement. If a wife gives a husband a Rolex watch. He loves it. He may well hear that she wants it as part of her property settlement. Sometimes people do this to be vindictive. Sometimes they do it to gain some leverage on some under issue. But, it is not much of a threat unless its value is huge.

In Maryland family and divorce law, Marital property is all property acquired during the marriage except by gift or inheritance from a third party. Gifts given by one spouse to the other are “marital property.” They are owned, however, by the recipient of the gift. Gifts are not jointly owned. A divorce does not change who owns the property. But…

The value of the gift goes in the equation of who owes what to whom in the property division but the gift giver cannot get it back. And the burden of proof its value to go into the equation is on the person who wants to include it. So, if your wife wants to include the beloved Rolex, your wife has to prove its fair market value. The fair market value is what it would sell for now, on the open market, not what was paid for it. Often, expert witnesses or appraisals are required if the gift is extremely valuable.

If your spouse is saying she will take back the Rolex watch or the tennis bracelet….well they are just blowing smoke as that cannot happen.