Maryland Divorce Lawyer - Cynthia H. Clark

Actor Tyrese Struggles With Ongoing Child Custody Disputes

Maryland parents who are involved in custody disputes may have experience with a spouse that resists court-ordered custody arrangements. Well-known entertainer Tyrese is again engaged in the ongoing custody feud that has defined much of his relationship with his young daughter, proving that celebrities sometimes experience the same family law issues as less-famous folks.

Recent reports show that the man was denied access to the 6-year-old child, even though he was scheduled to participate in a child custody transfer. The actor’s ex-wife refused to turn over the girl during a Feb. 11 encounter, which ultimately ended up involving the police and at least one entertainment news outlet. The actor is planning a legal response to the custody debacle.

Tyrese’s representatives tell sources that the entertainer’s ex-wife refused to hand over the child, possibly because she was sick at the time of the scheduled transfer. The man’s publicity team said that Tyrese called police to the scene, while his ex-wife allegedly notified popular news outlet “TMZ.” Authorities have not confirmed which parent sought help from police officers.

The actor and his ex-wife have been feuding over child custody matters since 2009 when their divorce became official. The ex-wife has recently filed legal accusations alleging that the man was ignoring his child’s needs. Reports show that the famous actor traveled abroad after the recent death of his “Fast & Furious” co-star Paul Walker. The child’s mother believes Tyrese should have spent time with his daughter in the United States, instead.

Even celebrities can become involved in ongoing custody disputes. Maryland parents who are concerned about provisions in their child custody arrangements may benefit from a consultation with a family attorney. These professionals can provide additional information about legal options for embattled parents.

Source: BET, “Tyrese Clashes With Ex-Wife Over Custody Agreement” Latifah Muhammad, Feb. 13, 2014

Alimony

‘Monty Python’ Star Still Working Overtime To Pay Alimony

John Cleese may be a funny guy — the “Monty Python” star remains a comedic icon — but his alimony payments are anything but amusing. The 74-year-old star is currently in the midst of paying a massive amount of alimony to one of his ex-wives. Cleese explains that he has, in fact, been forced to work overtime to meet his legal obligation.

The well-known comic had launched a traveling show called “The Alimony Tour” for a reason. Cleese has been ordered to pay his ex-wife upwards of $23 million in short order; the alimony payments must be made within seven years. Not only has the man been required to take on extra work, but he has also sold several properties. Cleese said he used to own five properties. Now, his real estate holdings have been whittled down to just a single asset.

Cleese divorced his wife in 2008 after being married for 16 years. That was the actor’s third marriage. A divorce agreement has stipulated that the man pay a lump $13 million sum in cash and assets. He must also pay the woman nearly $1 million annually through the year 2016.

Although you might think the alimony situation has put Cleese off of marriage entirely, you would be wrong. The comedian married his fourth wife in August 2012.

Issues with spousal support may occur during your Maryland divorce, though likely not on this scale. The fact is that even famous comedians must put extra effort into earning money so they can meet their legal obligations.

Alimony is a key part of many divorce decrees. People who are having difficulty making their monthly payments may be eligible for an alimony modification. Similarly, these modifications may be used after major changes in the beneficiary’s financial situation. Maryland family attorneys may be able to provide more information about legal options that may help clients realize a positive outcome for their own spousal support case.

Source: Huffington Post, “John Cleese’s Alimony Payments Are No Laughing Matter” No author given, Jan. 31, 2014

Drug Addiction

Is Heroin Addiction a Maryland Grounds for Divorce?

Phillip Seymour Hoffman’s Drug Addiction and its effects on his children should be a lesson for all of us.

As family law attorneys in Maryland, it is distressing for us to see the increase in addiction to heroin and other opiates. The addiction impacts the entire family, of course, and often leads to divorce. Believe it or not, family law attorneys in Annapolis, Maryland have differing opinions about whether heroin and other opiate addiction would fit within the limited definition of grounds for divorce. It is not settled family law in Maryland.

We continue to be haunted by Phillip Seymour Hoffman’s death because we see opiate addictions in people just like us. These addicts are no longer people we read about or see on television. Those of us involved in this field have to deal with ordinary people struggling with opiate addictions. As Annapolis attorneys, we see the effects of drug addiction on children, child custody as well as the effects on the immediate and extended family. Particularly haunting is that this was never an issue twenty years ago. It is just in recent times that opiate addictions have become more visible in middle-class families.

As to Phillip Seymour Hoffman, Aaron Sorkin said it is better than we can and expresses our thoughts exactly.

We say he died of an overdose of heroin. (He and other addicts we have met in our practices).

Phillip Seymour Hoffman did not die from an overdose of heroin. He died from heroin. We should stop implying that if he had taken the proper amount everything would have been fine.

He didn’t die because he was partying too hard or because he was depressed. He died because he was an addict on the day of the week with a “Y” in it.

Divorce

Affluenza: Rich Parents’ Divorce

Are rich parents who indulge a child and who are on the brink of a divorce enough to avoid jail for a teenager who killed four people drunk driving? This is not Maryland law but a “poor little rich kid” in another state killed four pedestrians drunk driving. An expert testified for him at trial. The expert that he was not responsible for what he did as he suffered from “affluenza. His parents were rich and indulgent and only interested in fighting with each other which led to their divorce. The young man was sentenced to a rehabilitation facility to the distress of the families of the dead victims.

While the defense of “affluenza” sounds preposterous, it is important to look at the devastating effects of marital strife on children in extreme situations. In the months and years leading up to the divorce, the atmosphere in the home can become toxic for children. The environment in the home and the contributions of each parent to the strife will have an effect if there is a custody dispute.

Annapolis, Maryland courts and family law attorneys try to address the problems of kids in custody cases. The courts require mediation and classes. But, if there is no custody litigation and there is no dispute about where the kids live, Maryland law does not require child services.

Perhaps attorneys may think that the defense put forth by the defense attorney was clever, but it is bad public policy. Presumably, the young man’s parents participated in the trial, the selection of a defense attorney, and the selection of the expert putting forth the opinion. That being the case, it is unfortunate that more severe consequences couldn’t be attached to the divorcing parents.

Military Divorce

Military Divorce:

Military divorce representation is important to our law firm. Due to our proximity to so many military bases including the US Naval Academy, Ft. Meade, Andrews Air Force Base, and other bases in the DC metropolitan area, we have represented military members with pride for years.

While many issues are the same as for civilians, there are some special interests for military divorce that we address. For example, military retirement benefits as well as dependent benefits are a consideration.

Of particular concern to us as family law attorneys in Maryland is the effect of deployment or a change in duty station on child custody and visitation. We need to work closely and carefully to attempt to ensure that the rights of both the parents and the children are protected. Due to the distance and length of the deployment, careful provisions have to be made which involve not only time with children but also transportation and frequency.

Child Support

Maryland and Federal Tax Child Support Considerations

Have you spoken to your attorney about your Maryland and federal tax returns to know how to handle child support? There are considerations that could result in thousands of dollars of deductions.

Besides just the exemptions for the children, there are other potentially valuable deductions and credits for children. For example, are you entitled to the child care deduction, are you eligible for head of household filing or will the filing status impact the earned income tax credit? Those are questions you need to consider.

Unlike what many people think, the payments are not tax deductible. Neither are they income to the custodial parent. The exemptions and deductions do not necessarily depend upon who has custody of the children and do not necessarily depend upon who is paying what for a child.

You should also be aware that under Maryland law, your income is one item that is used to calculate the support obligation for your family. If you have mostly earnings for W-2 wages, there is nothing complex about the calculation. But, if you are self-employed, there are many things that could have an impact on your bottom line figure. The definition of gross income includes how the law treats various business expenses and whether the expenses are included or excluded from your income. A family law attorney in Annapolis, Maryland can help you determine what part of your taxable income could be used to calculate the Maryland child support guidelines.

Drug Addiction, Family Law

Phillip Seymour Hoffman’s Addiction

Phillip Seymour Hoffman was one of the great talents in Hollywood. He was in some of my favorite movies: The Big Lebowski, Capote, Doubt, and The Talented Mr. Ripley to name a few. His death is a loss for all of us who love movies. His charm and “average guy” attitude were refreshing. His children attended public school in New York City and he continued to do theater roles in addition to the movies. He did not seem to be caught up in the glitter of Hollywood. Reports say he was devoted to his children. Given his success and the lifestyle he chose, I was shocked to learn of his problems.

His death is a dramatic example of the profound effect alcoholism and drug addiction has on our society. He got sober initially at the age of 22 after quite a party time in college. After all those years of sobriety and he began again to struggle. And he was not successful this time in beating the drugs. As the 12-Step programs say, it is “cunning, baffling and powerful.”

Just as I am shocked to learn of his heroin addiction, those of us who practice family law and who have some background in addictions see the profound effect of alcoholism and drug addiction on families. Many times a spouse comes in complaining about the alcohol and drug use of the other spouse. Many times a client comes in saying their spouse is complaining about his or her drinking or drug use. Many times a client describes behavior that is consistent with alcoholism and drug addiction but the client denies it. In far too few cases, one will get treatment to preserve the marriage and the family. But too often that doesn’t happen. Addicts and alcoholics (and, often their families) think that if a person excels at work and has never had a DWI there is no substance abuse. That is not the case.

Even more dramatic is the effect of alcohol and drugs on domestic violence. Sometimes the abuser gets drunk or high and beats his or her spouse. Sometimes, it is the spouse who gets drunk and the abuser is violent as a result of the frustration in dealing with the addiction and the repeated promises to stop. The effect on the family is profound. The effect on us as a society is profound.

In addition to the effect on the family of spouses with addictions, children also have drug and alcohol problems. I have had more than one case in which grandparents are trying to get custody of their grandchildren because their son or daughter has an addiction. Often, both of the child’s parents are addicted. The cases I see are “normal” middle-class families. It is surprising the frequency that the drug of choice is often heroin.

When I hear stories, I wonder why anyone did heroin the first time. I understand addictions well enough to understand why addicts continue to use drugs but knowing what we know about heroin’s rank on the addictiveness scale, what would make someone do it the first time?

As family law attorneys, we often hear what goes on behind closed doors outside the view of friends and family. People would be surprised at the things that we hear.. We practice in Annapolis, Maryland. Those who are not familiar with drug addiction would think that in a community like this, the problem does not exist. Drug addiction is not confined to low-income areas or people. People would be surprised at what happens in homes that appear to be “Leave It to Beaver” households. Alcoholism and drug abuse are much greater problems than many people think.

As I was shocked to learn of Phillip Seymour Hoffman’s struggle with drug addiction, people would be shocked to hear what we do as family lawyers. Our hearts go out to the partner, young children, and the family of Phillip Seymour Hoffman. Our hearts also go out to families everywhere who are struggling with the curse of drug addiction and alcoholism.

Child Custody

Balancing Your New Partner and The Best Interests of You Children

If you are a divorced parent of Maryland teenagers, you may be experiencing difficulty after finding a new beau. Teens may decide they do not like their mom or dad’s new partner or spouse. This is a significant child-rearing issue. Parents stand to lose a lot in this situation. Their teens could become less respectful. The parent could also lose the love of their new partner. Experts say there are ways to help everyone get along.

Parents need to stand strong in their commitment to their new partner. Children model the decisions and behaviors of their parents. If your children do not like your new partner, but you are committed to that person, you need to be firm. Kids will learn poor character if you rush to defend them every time they are supposedly ‘wronged’ by your new partner.

Try to empathize with the way your children feel. Many kids want parents to themselves. They do not want to share. Parents still deserve to be happy. Unless the children have a valid reason for their disdain of your partner, they still have to be respectful. Kids sometimes dislike their parents’ new partners because they think they have lost their families.

Also, try to empathize with your new partner. Your new husband or wife needs to realize that you will be firm even when the children are acting out. Further, a girlfriend or boyfriend is not responsible for ensuring that the kids are raised properly. Try not to put too much pressure on your partner.

Many child-rearing issues arise during shared custody situations. Adults must continue living their lives while integrating their children’s needs. Use compromise and appropriate legal strategies to promote the best interests of the child.

Source: Huffington Post, “Man Up to Your Children: Do Not Let Them Determine Your Love Life” Sherrie Campbell, Jan. 24, 2014

Property Division

Resolve To Be Professional, Focused During Property Division

Both men and women experience financial challenges during and after divorce. Property division is certainly not the easiest aspect of a breakup, as many attorneys and divorcees will openly admit. If you are planning to pursue a divorce in 2014, it may make sense to make some “resolutions” regarding your finances during the split.

Spouses who are calling it quits should remember to be vigilant during the property division phase of their divorce, and they may also benefit from relying on professional advice. Making a few simple resolutions about your finances may make it much easier to divide property obtained during the marriage.

Both members of a couple should start by getting organized with important financial statements. You can separate this process into smaller, easier tasks by focusing on a single type of account at one time. Remember to obtain year-end statements for all of your accounts, loans, and even tax returns. All of these documents should be properly organized and stored in a secure location that is completely inaccessible to your spouse.

Men and women can also benefit from taking a close look at the documents used during property division, as one spouse may be attempting to thwart equitable division by hiding assets. Both parties should be required to play fair when property division is being discussed; people who attempt to shield their assets during divorce can even be charged with criminal violations.

Finally, Maryland divorcing spouses are encouraged to keep their emotions in check while divvying up marital property. Although you may feel attached to certain property obtained during the marriage, remember that your financial health should take precedence at this point. Your emotions will have their turn; during property division, however, you must remain businesslike and maintain a financial focus.

Even though property division is often a complicated matter, you and your ex can expedite the process by being completely transparent about marital property. It may take some time to secure a fair division of bank accounts and other assets, but dedication to detail and fairness during this process may be one of the most important parts of your breakup.

Source: Forbes, “Five Concrete Resolutions For Women Divorcing In 2014” Jeff Landers, Jan. 16, 2014

Child Custody

Parents Complain of Lengthy, Expensive Child Custody Disputes

They are called ‘high-conflict’ child custody cases. These cases are causing quite a stir in one East Coast state, as a growing number of parents and grandparents criticize the way that these contentious matters are handled in court. Citizens in Maryland’s nearby state of Connecticut are bringing their complaints directly to the politicians who make critical decisions about child custody disputes.

At the center of the debate: court-appointed advocates for kids involved in custody disputes, known as ‘guardians ad litem.’ Those individuals are selected to promote the child’s interest during custody cases, but they often fail both parents and the system they are supposed to protect. Local residents say the GAL system is broken because non-compliant GALs are permitted to continue to work as normal. Few complaints against these court-appointed representatives ever see the light of day, according to parents, who say they are fed up with the expense and delays that plague the state’s current system.

Individuals who arrived at the state capitol in early January explained that they are effectively going bankrupt because of their high-conflict child custody proceedings. One woman claims that her brother’s divorce cost over $1 million, while others say they are forced to spend tens of thousands of dollars for the services of a GAL.

Reforming the GAL-based system is still a contentious topic, with some advocates insisting that a longer child custody dispute is sometimes better for determining what is best for the children at risk. Others say that sweeping reforms could benefit the state’s child custody system, and a task force has been assembled to make recommendations about the system.

Children and parents involved in high-conflict divorce deserve to be heard and respected. A qualified family attorney can promote both kids’ and parents’ interests in the courtroom, even in the current GAL system. Maryland parents who believe they are facing a high-conflict divorce may benefit from consulting an experienced family attorney to learn more about appropriate legal strategies and options.

Source: WTNH.com, “Hearing for a change in custody cases” Mark Davis, Jan. 09, 2014