Author: Cynthia H. Clark

Firm News

Annapolis Attorneys Travel to Texas – Help with Asylum Seekers

Polly Peters (formerly of Peters & Clark, P.A.), along with two other Annapolis attorneys, will be traveling to the South Texas Family Residential Center in Dilley, TX to lend support to the on-site attorney who is currently processing asylum applications. “They have like 2,500 people at this prison and they have one full-time attorney there,” Polly told the Capital Gazette. “Hopefully, we can make a really big difference and impact.” Polly told the paper that even though she is not an immigration lawyer, “she hopes her experience with parents in stressful situations will be helpful.”

We are so proud of Polly and what she is doing to help these families. We are proud to support her efforts, and the efforts of our peers as they work towards reunifying parents and children. We invite you to read more about the upcoming trip.

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Divorce

Five Unexpected Divorce Expenses

Maryland Divorce Proceedings

Adjusting to life during and after a divorce can take some time. In addition to emotional changes, financial changes can take some getting used to as well. Changing your lifestyle to fit your budget, or supporting yourself with only one income are typically expected financial expenses that come with a marriage split.

However, there are other expenses that come up when you go through a divorce that you might not have considered. They can add extra, unwanted stress to the divorce proceedings, and affect you long after your divorce is finalized.

If you’re considering a divorce or are currently going through one, here are some of the common yet unexpected expenses you may have.

  1. Insurance plans and policies: Most people focus on health insurance, especially if they have children. However, there are a number of other insurance policies that you may not be thinking about when you divorce. Many family insurance policies come in packages that roll in auto, home, and life insurance. After a divorce, policies and premiums will probably change when your assets are divided. It is smart to talk to your insurance agent in advance to find out how your premiums will be affected. This will also give you the option to look for a new insurance company that offers better rates if you’re not happy with your new premium.
  2. Taxes: You and your ex-spouse will be taxed separately after your divorce is finalized. Taking into account changes in income and tax filing status, you might find a significant difference in taxes you owe now compared to taxes you owed in the past. There are also differences in what you can claim on your taxes depending on who pays and who receives alimony. Speak to your accountant about potential tax changes so you’re ready.
  3. Retirement plans: If you have relied on, and contributed to, your spouse’s 401(K) or other retirement plan over the course of your marriage (or vice versa), you may need to make changes post-divorce. You may be allowed up to half the value of your ex’s 401(K) – ask us about the division of same during your visit – but you are responsible for implementing your own retirement plan after your divorce. Make sure you are informed and ready to transfer assets to a new plan that’s appropriate for your new financial situation.
  4. Family memberships and plans: Family plans are typically less expensive than traditional plans. If you have family memberships at places like the gym, pool, or club, and need to change it to an individual plan, the fee will likely go up. Keep the same in mind for plans like cell phone bills.
  5. Professional charges: As you move through the divorce process, you will have expenses like court and attorney fees. There may be other costs as well, like will drafting and financial planning. It is crucial to have a good understanding of your financial landscape and formulate a budget your legal costs, and design a plan to repay them with the least amount of stress.

Divorce is a difficult time, but it is also the opportunity to start anew. Make your fresh start easier by preparing yourself for the expenses you may encounter during your divorce and afterwards.

At Cynthia H. Clark & Associates, LLC, our experienced Annapolis divorce lawyers can answer all your questions about the process. Remember, being prepared is part of a strong strategy. To reserve a consultation at our office, please call 410.921.2422 or fill out our contact form.

Divorce

Spotting Hidden Assets During a Maryland Divorce

maryland court order lawyer

When your marriage is ending, whether it’s been 12 years or 12 months, in Maryland you have the right to an equitable division of assets that allows you to move forward with your life. In a perfect world, every couple would be able to divorce without any contention or disagreement during the process. However, we all understand that, in many cases, this simply isn’t how it works in real life.

Fortunately, some spouses can amicably communicate on most issues during a divorce, whether it is for their own best interests or for the interests of their child or children. Some, on the other hand, face many challenges during a divorce and have trouble even being in the same room together. And, when it comes to down to issues like the division of marital property and assets, sometimes divorce proceedings can become completely acrimonious. When there are issues regarding who owns what, or uncovering hidden assets, your attorney will always help you discover the truth.

How might someone try to hide assets in a divorce?

If your spouse is attempting to prevent assets, funds, or property from division in the divorce, it is possible he or she could attempt covert actions to hide them from the court. In addition to this being completely unfair, it is also illegal.

There are a few common ways people try to conceal their assets in a divorce.

  • If your spouse always has a lot of pocket cash, but his or her bank account or paycheck has decreased, you may have reason for suspicion. Many people attempting to hide monetary assets will have work paid “under the table” to avoid sharing that money with their spouse, or to avoid having the money on the books and paying taxes.
  • If your spouse suddenly begins giving expensive or valuable items away, such as jewelry or artwork, it could be a way to hide those assets until the divorce is finalized. Some people will ask their friends or family members to hold onto their valuables until after the split is settled.
  • Another ploy to hide assets is sudden expensive purchases. Your spouse might purchase a pricey piece of art or jewelry and then understate its value during the divorce. This is an effort to convert cash to property—after the divorce is finalized, he or she can sell the property back at its rightful value and have it converted back to cash.

We understand that divorce can be a very challenging process and hidden assets might be the last thing on your mind. Unfortunately, for many people this is a hard reality, and the most effective way of preventing it is being prepared and educated. You deserve what is rightfully yours from your marriage, and it is important you know where to turn for help when you need it.

A Maryland family law attorney also often possesses keen investigative skills and can help gather evidence as needed to bring suspicious behavior to the court’s attention. Your attorney’s knowledge and experience can significantly increase your odds of receiving the full amount of marital property to which you are entitled and then moving forward to a brighter future.

At Cynthia H. Clark & Associates, LLC, our family law attorneys have the knowledge and skills to help you achieve your goals during your divorce. Our years of experience give you an advantage during negotiations or litigation. To reserve a consultation at our office in Annapolis, please call 410.921.2422 or fill out our contact form.

Child Custody, Divorce

Division of Property or “Child” Custody – Who Keeps the Dog in a Divorce?

pet custody lawyer

Our pets light up our lives with faithful companionship and unconditional love. We consider them members of the family. Some of us think of our furry friends like children. If your pet is important to you and your family, and you are thinking about divorce, you should keep the future of your pet in mind when it comes to division of property.

Some states have specific laws in place when it comes to custody of pets, but as of this writing, Maryland does not. As cold as it may sound, pets would fall under Maryland’s Family Law §8–201, which defines “family personal property.” Unless some kind of agreement or trust exists which provides guidelines on who might get custody of the family pet in the event of a divorce, the court can resolve the issue just like any other property disagreement – by deciding who keeps the pet, and who does not.

Protecting your pet in a divorce

Some couples who divorce on amicable terms, or who have children, will devise their own “custody” agreements for their pets: for example, the family dog might follow the children around, or perhaps one person will take the pets in summer or on weekends. An informal arrangement such as this can work for some people.

However, if you are worried about the fate of your pets – out or love and attachment, or out of fear that your soon-to-be-ex-spouse will neglect or mistreat the animals – you should work with your attorney to ensure that your pet remains with you as part of the terms of the divorce settlement.

If you cannot come to an agreement, then the court will decide how to divide the property – in this case, your pet. A judge may look at the following factors when deciding the future of your family pet:

  • Original ownership. Which spouse acquired the pet? If you have adoption or ownership papers, provide them to the court.
  • Primary caregiver. Who took the cat to the vet? Who walked the dog every morning? Trained the dog and spent quality time with it every day?
  • Future care. Who can provide the best care moving forward? Will one party be moving to an apartment or condo where outside space is limited? Does one party have work hours that make it difficult to spend time with the animal?
  • Financial ability. What is each person’s financial ability to realistically take care of a pet after the divorce? Vet bills, pet food, medication: these items add up.
  • Purpose for the original purchase or adoption. Is the animal a show animal, or considered a support or therapy animal to a specific party? Certainly, a judge will not award a service animal, such as a seeing-eye dog, to the spouse who does not need it; but, he or she may consider other matters when it comes to the animal.

To be candid, some judges may not want to get involved in issues regarding pets. There have even been cases where the judge has ordered the pet be sold and the parties split the proceeds, although this is obviously an extreme case. There have also been cases where the judge has ordered the parties to split custody of the pet. If neither of these solutions sound appealing, you and your ex-spouse should attempt to remedy this disagreement on your own if at all possible, with the assistance of your attorneys.

At Cynthia H. Clark & Associates, LLC, we advocate for you during your divorce. We understand that being prepared is part of a strong strategy. To reserve a consultation at our office in Annapolis, please call 410.921.2422 or fill out our contact form.

Divorce

Why Prince Harry and Meghan Markle Will Not Have a Prenup

Prince Harry and Meghan Markle

In what many are calling “the wedding of the year,” Prince Harry of Wales and American actress Meghan Markle are set to get married in May of 2018. With the amount of wealth spread between the two, one might imagine there is an iron-clad prenuptial agreement in place. However, major news outlets (and gossip sites, of course) reported recently that the couple won’t be signing a prenup.

Many were surprised to hear this, especially in the case of someone like Prince Harry, who has an estimated net worth of about $25 million. This news, though, is not shocking to most British citizens. Unlike the United States, prenuptial agreements are not the norm. In fact, according to the firm Burt Brill & Cardens in the UK, prenuptial agreements are not even enforceable in court, although judges are likely to consider and uphold one when making a ruling.

Although it may seem that Prince Harry has significantly more to lose if the couple divorces, it is actually Ms. Markle who is in a more precarious position. The couple will live in a home owned by the royal family. Any national treasures that are part of the prince’s assets are part of the royal collection. Money set up in trusts for him by his late mother Princess Diana likely have provisions prohibiting the splitting of assets between parties. In short, because the royal family owns everything, it would not be divisible in a divorce.

Splitting assets after divorce

Of course, most of us will never marry into royalty. And if we do find ourselves getting divorced, we are more likely to find that splitting up assets can be a challenging and frustrating process. It is difficult enough when it comes to material, tangible possessions such as homes, cars, and any money in our accounts. It can be more challenging for couples with significant assets in retirement accounts, investments, or businesses.

Maryland is what is known as an “equitable distribution” state regarding property distribution. In this case, equitable does not mean equal, but instead what is fair for each party under their personal circumstances.

If a couple cannot agree on how to distribute the marital property, a judge will step in to make the decision. The judge will typically make his or her decision based on the assets and debts of the couple, how those assets were accumulated, and any circumstances that might affect how that property is divided.

The court is interested most in which property is marital, and thus subject to division, and which is separate, and belongs to one party only. Marital property can include anything from stocks and bonds to homes to wedding china—anything acquired together, during the marriage. Non-marital property can include property acquired by either person before the marriage, property acquired through inheritance (like jewelry or a second home), or anything agreed-upon in a prenuptial agreement.

The Maryland divorce attorneys at Cynthia H. Clark & Associates, LLC are ready to assist you. We can answer all your questions and stand by your side through the entire process. To reserve a consultation at our office in Annapolis, please call 410.921.2422 or fill out our contact form.

Divorce

What Are the Rights of a Same-Sex Spouse When a Child is Born to One of the Parents through Intrauterine Insemination?

returning to your maiden name

In 2015, the U.S. Supreme Court, in Obergefell v. Hodges, affirmed the right of same-sex couples to marry in every state. But what rights do parents have when only one parent is biologically related to the child? According to a report in Tuscson.com, the Arizona Supreme Court has held that the nonbiological same-sex spouse does have the right to make a parenting claim. The decision is being appealed to the U.S. Supreme Court.

The facts of the case

The biological spouse went through intrauterine insemination (also known as “artificial insemination”) with the sperm of anonymous sperm donor. Both spouses agreed to the intrauterine insemination process. The biological parent, Kimberly, gave birth to a boy in 2011. Both Kimberly and her spouse, Suzann, had agreed to a joint-parenting contract and signed wills stating that each spouse were equal parents of the boy. For two years, Suzann raised the boy while Kimberly worked as a doctor. After two years, Kimberly left, took the boy with her, and cut off Suzann from contact with the boy.

Suzann filed for divorce. She also sought parenting time based on an Arizona statute that holds that a husband is presumed to be a parent of any child born with 10 months of the marriage. The boy was born within that 10-month time frame.

The legal issues raised in the state court and on appeal to the U.S. Supreme Court

The Arizona Supreme Court ruled that the 10-month parenting statute applies to same-sex females just like it does to male husbands.

Kimberly, the biological spouse argues that:

Men and women are different. When a child is born to a mother, it is very likely that the male spouse is the biological father. It is not possible, in fact it is impossible, for a female spouse to be the biological father. For this reason, Kimberly argues, the statute does not violate the equal protection provisions of the federal Constitution.

The legislature and not the courts should decide this issue. Kimberly argues that Arizona has not sought to change or modify its parenting law to include a marriage between two female spouses – as other states have done. Oregon, New Jersey, and New York have enacted statutes that specifically include treating female spouses as parents in paternity cases when a child is born through intrauterine insemination. (The Maryland Court of Appeals has also recognized de facto parenting, though no legislation has been forthcoming, and the ruling can apply to all “non-traditional” families, not just same-sex couples.) Kimberly argues that the Supreme Court cannot usurp the authority of the legislature to state clearly the rights of same-sex parents when a child is born through this procedure.

It is not clear how any decision would affect the rights of same-sex male couples to claim parenthood when one spouse donates his sperm to a mother. After all, the case here was decided on very narrow terms based on a literal reading of the statute’s terms, so it is possible that this topic may not be fully resolved.

At Cynthia H. Clark & Associates, LLC, our divorce lawyers tackle the tough cases. To speak with one of our attorneys, please call 410.921.2422 or complete our contact form.

Divorce

Why Business Valuation in Divorce Is a Key Component of Your Financial Security

properly division lawyer in maryland

When spouses divorce, it is critical that your spouse’s business interests be identified and fully valued for several reasons.

  • You have a right to the equitable share of the marital assets, which may include a share in a business.
  • The value of a business is a good indicator of how much income your spouse earns.
  • The amount of gross income your spouse makes affects the amount of child support he/she has to pay and the amount of alimony you may be entitled to receive.

In divorce settlements, one option is to sell the business and then divide the shares in accordance with the equitable distribution split. Often, though, it is not advantageous for either spouse to sell the business interests. Once the business is sold, the owner may no longer have a source of income.

Instead, we find it may be better for some clients to trade their right to a share in the business for something they really want. For example, if a wife wants to keep the marital home, she may be able to buy out her spouse’s equitable share in the home by trading her equitable share in the business.

How is a business valued in Maryland?

The answer depends on the structure of the business and the interest each spouse has in the business.

  • Sole proprietorship. In this business situation, your spouse owns the full business. The value of the business usually is based on a review of how much income the business makes, the value of the assets including real estate and equipment, and the amount of any business debts.
  • Partnership arrangements are usually based on a written partnership agreement. The way in which the partnership interest is valued is usually set forth in the agreement. The interest can also be valued by reviewing the yearly profits, assets, and debts.
  • Corporate interest. Corporate ownership of a business is typically based on the value of the shares of stock multiplied by the number of shares the spouse owns.

Why you want an attorney with experience representing business owners

Our lawyers understand that the value of the business is affected by other issues. When selling a partnership interest, for example, it is usual for one of the other partners to have the first right to buy the spouse’s interest. Partners and shareholders can still work for the companies after they sell their interest – assuming they worked for the company before the sale.

The sale of a business may also be governed by Maryland state law, depending on the type of business you have. Furthermore, the timing of the sale of a business interest may affect the amount of personal taxes a spouse must pay. Even if you and your spouse agree completely on how and when to divide a business, there are still other considerations to review.

Our attorneys understand that dividing a business is different than dividing the furniture or the cookware. We work with professional business appraisers, accountants, tax professionals, and other financial business professionals who can document the worth of a business. Our lawyers explain to our clients that the value of a business is what an interested buyer would pay to a willing seller.

At Cynthia H. Clark & Associates, LLC, our lawyers understand that preparation and strategy are essential to obtaining a strong settlement for our clients. To speak with our lawyers, please call 410.921.2422 or complete our contact form.

Related Articles

Divorce

What Should You Bring to an Initial Divorce Consultation?

A few things that you should bring to your initial divorce consultation. First, bring any pleadings that have already been filed in your case, whether they were served on you, or you did the serving.

Next, make sure to fill out and bring to your consultation the initial intake form. So, that document will give basic facts about your family, the assets that you all have, children – the whole nine yards.

The next thing that you want to make sure to bring is your last tax return and any pay stubs so that we can run a child support guideline if children are involved; or if there’s an alimony claim to be made, we can do an assessment using that financial data.

The last thing, probably most important, is to bring a list of questions. This is your first opportunity to ask everything that comes to mind, and you want to get maximum value from that initial consultation.

Thank you.

Cynthia H. Clark & Associates, LLC is a premier Annapolis family law firm, representing clients throughout Maryland. To reserve a consolation with a skilled divorce attorney from our firm, please call 410.921.2422, or fill out our contact form

Related Articles

Child Custody

5 Tips to Reach a Child Custody Agreement Together

maryland child custody lawyer

You love your child more than anything; all that you want is to make sure that he or she is cared for, and has his or her best interests taken care of by both you and your spouse. However, the two of you do not agree on how the custody arrangements should go, and it is causing a lot of stress. Perhaps you tried mediation, but found it did not work. Perhaps your spouse has already found an attorney, and you have heard that he or she is a real bull dog.

Or perhaps – if you are like many of the clients we have met and helped through the years – you and your spouse simply don’t want to be married anymore, and neither one of you has the appetite for a long, drawn-out battle.

We would never recommend trying to handle your own divorce; there are too many moving parts, and too many potential complications. But if you and your spouse are able to be amicable, there is no reason why you cannot come together to work on your parenting plan. These are five things you can do to help the process go more smoothly.

Always keep an open mind.

The goal is to create a plan together, that not only leaves both parents feeling satisfied and in control of their lives, but also ensures you can both parent your children. You may believe that you know what is best for your child, but your co-parent also has his or her own thoughts and perspectives about what is right for your children. When you keep an open mind, and are willing to listen and compromise, the process will run more smoothly.

Gather the documentation you can

Documentation – medical histories, sign-up sheets, special tutoring or programs, expenses and bills, etc. – helps reinforce and clarify what the most supportive access schedule and routine would be for your children and their needs. You may be surprised at how much time your child spends doing after-school activities. If your job prevents you from being home during the same hours as your child, perhaps your spouse is better suited to primary residential custody. Or, if your spouse plans on moving to another town, he or she may be more receptive to your child living primarily with you, because of how much driving and transport is involved.

This type of paperwork can help you and your spouse when it comes to addressing payment of expenses for your children as well. The courts do have specific mandatory guidelines for the amount of child support one parent pays to the other; however, you and your spouse can work out an agreement to split any additional costs of raising your child, such as extracurricular activity and uninsured medical expenses, in a way that is conducive to your particular financial circumstances.

Come prepared with several options regarding co-parenting

In Maryland, there are two types of custody, legal and physical. Physical custody pertains to where the children physically reside. Parents can have joint physical custody, which means the children reside with both of parents, or one parent can have sole physical custody, which means that the children primarily reside with one parent instead of the other. Legal custody entails decision making authority for major issues regarding the children, such as medical, religious or educational decisions. Parents can have joint legal custody, which provides them both equal decision-making authority with regards to major decisions regarding their children, or one parent can have sole legal custody, which gives them sole decision-making authority.

The process can be, in a word, confusing.

The parenting plan agreement outlines with whom the children actually live at any given time; specific information about the child’s health and educational needs; a summer vacation and holiday schedule; and any other stipulations required. Usually it contemplates both parents having input on major decisions involving the children and keeps both active in the children’s medical, educational and other activities.

Parenting plans are generally best when specific – but because life is not totally predictable, being too specific can leave both parents feeling frustrated. Consider also adding in special circumstances into the agreement – birthdays, vacations, family reunions, etc.

Even if you feel overwhelmed, attempt to find ways to remain calm and communicative

Even the most rational parents can be overwhelmed by the custody process. If you feel like your emotions are getting out of control, remember to take some deep breaths. You can always ask for a break so that you can leave the room and clear your head. The more calm, civil and composed you can remain during the custody discussion, the more effective you will be in reaching a fair resolution. Sometimes it might take more than one meeting to process the information and the important decisions you are considering for your children’s best interests.

Remember that it is all about your child’s needs

This is the most important thing of all. The best interest of the child is what is most important – not only to you, but to the courts. If you find yourself being a bit vengeful, or feel you are being treated unfairly by your co-parent, stop the conversation. You can pick it up another day.

Finally, keep in mind that if you cannot come to an agreement together, neither of you has “failed” as a parent. Sometimes, we need a third-party to point things out. Sometimes, you need an attorney who will fight to protect your child, and who can prove that your best interests are aligned with your child’s.

At Cynthia H. Clark & Associates, LLC, we are your advocates. Our attorneys treat you and your goals with respect and dignity, and know how to build a case designed to protect those goals. To reserve a consultation at our office in Annapolis, please call 410.921.2422 or fill out our contact form.

Divorce

What is Important When Choosing a Family Law Attorney?

These are some things that you should consider when choosing a family law attorney. First, the experience. You need to make sure that the attorney is experienced, not just in the subject matter that your case is involved in, but also experienced in the court room where your case will be heard.

Secondly, you need to make certain that they are available to handle the demands of your case.

Next, you also want to make sure that you can afford this attorney. There’s nothing worse than starting out and building a relationship with attorney and finding that you have to either go it on your own or find someone else, because you can’t hang in there with the demands, the financial demands of the case.

And finally, temperament is important. You want to make certain that you’re comfortable with this person; you’re gonna spend a lot of time with him or her. And so the personal dynamics between the two of you is crucial.

Thank you.

You want to choose the right attorney for your needs. At Cynthia H. Clark & Associates, LLC, we have represented clients throughout Maryland in complex divorce and family law cases for years. To reserve a consolation time with an experienced divorce lawyer at our office in Annapolis, please call 410.921.2422, or fill out our contact form.