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Child Custody

Joint Custody in Maryland: It is Not Presumed

Joint custody is not presumed by Maryland courts to be the custody arrangement in the best interest of children.   Maryland courts decide custody based upon the “best interests of the children” legal standard.  Generally speaking, Maryland courts tend to hold to the view that children should have a meaningful relationship with both parents to the extent that is possible.  However, the court will not presume that joint custody is in the best interest of the child.  Maryland courts determine custody on a case-by-case basis considering the individual circumstances of each family and a host of different factors.  For that reason, it is difficult to predict the outcome

Because the “the best interests of the child” standard for custody determination is rather nebulous, it is not easy to know what set of factors tips the balance more in favor of one custody decision versus another.  In light of that fact, it is often advisable for parties to reach their own agreement regarding custody, guided by an experienced Annapolis, Maryland family law attorney or mediator, rather than leave the decision to a family law judge who will have limited visibility into the needs of a particular child and the personal dynamics between the parents.  One saving grace is that custody decisions are not fixed in stone and may be modified upon a “material change in circumstances.”

As family law attorneys in Maryland, the issue of child custody is perhaps one of the most hotly disputed areas in family law.  The stakes for parents and children alike are enormously high.  And it is not uncommon that regardless of the outcome, one side is unhappy with the court’s decision.  As Maryland family law attorneys we are frequently asked by clients to assess their chances of getting the custodial arrangement that he/she desires.  To do so is not a small task.

Child Support

Singer Required to Pay More in Monthly Child Support

The singer and actor, Marc Anthony, has been ordered to pay more money in child support to his ex-wife, Dayanara Torres, for the two children they had together. The increase in the singer’s child support obligation comes after Torres filed for an increase on the basis of changes in her lifestyle and her need to employ a housekeeper and nanny.

In Marc Anthony’s case, a judge ruled that he shall increase his monthly child support payments, which were formerly $14,400, up to $26,800. In other words, the singer is now paying double what he was previously. In the court papers that his ex-wife filed, she further claimed that Anthony had been neglecting his children. She said that he only spent 35 days with them in 2013.

Anthony disagreed with his ex-wife’s claims and disputed them in court. He was able to show that in 2012 he had spent a total of 71 days with his children. Also, even though the doubling of his child support payments may seem extreme, the result was better for Anthony than what his ex-wife was originally seeking. Believe it or not, the original court papers she filed requested that his monthly child support be increased to $123,426 every month.

A change in life circumstances — either for the spouse who is receiving child support or for the spouse who is paying child support – may be an acceptable basis for requesting a change in child support amounts. Indeed, in some cases, a Maryland resident could lose his or her job and/or suffer a financial catastrophe that makes it impossible to pay his or her current level of child support. In other cases, better financial circumstances could result in an ex-spouse being required to pay more each month.

Source: New York Daily News, “Marc Anthony ordered to pay $26,000 a month in child support to ex-wife Dayanara Torres” Margaret Eby, Jun. 13, 2014

Child Support

Halle Barry Reaches Child Support Agreement with Gabriel Aubry

A judge recently granted approval for a child support settlement between Halle Berry and Gabriel Aubry, her ex-boyfriend. The settlement governs the amount of child support Berry will pay to Aubry for living expenses relating to their child, a 6-year-old girl.

A Superior Court judge approved the settlement at the end of May. The settlement says that Berry must make monthly payments of $16,000 (which add up to close to $200,000 annually) for their daughter’s support. The Hollywood star will also provide money for educational tuition; however, she and Aubry will pay equal shares for their child’s medical care.

As is the case with many family law cases in Maryland, the settlement agreement in this Los Angeles case did not stop with child support. Berry also agreed to pay retroactively — $115,000 in back child support payments. Aubry will further receive $300,000 from Berry to pay for the attorneys’ fees he expended during the ex-couples child custody battle. The ex-couple had entered into a child custody dispute previously. Also, a judge’s order in 2012 prevented the actress from taking her daughter to live with her in France.

This case is a prime example of how men are not always the ones who are responsible for child support payments. Indeed, in some Maryland cases, the mother is required to pay child support to the father. Fathers who feel they are owed child support may wish to investigate the possibility of pursuing legal action, either to enforce a previous child support decree or to establish their right to receive such financial assistance to help with the rearing of their children in the future.

Source: The Huffington Post, “Halle Berry, Gabriel Aubry Settle Child Support, Actress To Pay Ex $16,000 A Month” No author given, Jun. 10, 2014

Child Custody

Could Children of Divorced Parents Face Obesity Issues?

When a Maryland couple is undergoing a divorce and a child is involved, the best interest of the child will be a paramount concern. Not only can divorce take its toll on parents, but custody disputes and other aspects of separation can affect children negatively. Indeed, one recent study showed that children — especially boys — have a higher propensity for obesity if their parents are divorced.

The study, which was conducted by researchers in Europe, revealed that children of divorced parents had a 50 percent higher likelihood of being overweight. Even more, the children of divorced parents were more likely to be overweight than the children of parents that were never married. Even after researchers adjusted the figures to account for other popular child obesity contributors — like lack of education in parents — children whose parents were divorced still had a higher likelihood of being overweight.

The results proved even truer for boys. When zeroing in on male children, they had a 63 percent higher chance of being overweight if their parents have split up. Nevertheless, researchers admit that there is no clear way to tell if it is the divorce itself that is making these children gain extra weight. One interpretation offered is that divorce can lead to poorer economic conditions for parents. Poorer economic conditions, in turn, can result in a higher chance of childhood obesity.

Although researchers did not wish to speculate too extensively on why children are more obese, they do confirm a strong connection between the two. For this reason, Maryland parents going through a divorce may wish to take special care to ensure that their children’s emotional, nutritional, and physical needs are met in their entirety. It can be difficult post-divorce, and child custody disputes can be stressful and emotionally draining. However, parents can still do their best to ensure their children receive all the love and care they deserve.

Source: Time, “Boys of Divorced Parents Twice as Likely to Be Obese” Belinda Luscombe, Jun. 04, 2014

Child Custody

Bitter Child Custody Case Revolves Around 4-year-old

A woman who has been on reality TV shows had her marriage fall apart back in 2012, and now she is fighting with her estranged husband over who will get custody of their child. She recently testified in the case and had her lawyer give opening statements about why the man should not be allowed to have custody.

Among other things, the lawyer claimed that the man was set on revenge, and that he was so dedicated to that end that he let it go before his daughter and her best interests. He said that the man even tried to control what the woman did by using her daughter.

On top of that, the lawyer made claims that the man violated the woman’s privacy by hacking into her email messages and reading messages that were supposed to remain private. Even that was not as dire as the accusations that he hired people to follow her around, however.

The daughter is 4 years old, and her mother wants to get complete custody. She also wants to be allowed to make all of the decisions for the girl in the future. Her husband is not seeking sole custody, but would rather have joint custody along with his wife.

On the other side of things, the man’s lawyer claimed that the woman was also set on revenge. He said that she took many of the girl’s items from the apartment and even stole the pots and pans. He also said that she had used the daughter as little more than a prop as she tried to advance her own career.

Those in Annapolis, Maryland, may want to keep an eye on this high-profile case so that they can see examples of what rights both parents have after they split. When custody disputesbecome public court battles, others who are considering similar action can learn much about how the courts view their parental rights.

Source: New York Post, “Bethenny Frankel testifies in bitter custody trial” Julia Marsh, May. 28, 2014

Alimony

Government Missing Out on Millions from Alimony Tax Errors

Have you lied about alimony on your taxes? If so, you are not alone; scores of Maryland residents and others throughout the nation may be bilking the government out of millions of dollars by failing to report their alimony allowances. Official reports say that the federal government is losing out on a significant amount of money because of this alimony reporting compliance gap. Further, the Internal Revenue Service does not have an effective system for identifying violators.

A recent agency audit showed that nearly half of the 2010 returns that included alimony deductions did not include the correct number. In many cases, an ex-spouse reported paying alimony — which is tax-deductible — even though the person who was supposed to have received the money never reported it. In other cases, alimony payers claimed that they had given thousands of dollars more than they actually had.

As a result, investigators determined that government agencies lost out on $351 million in taxes in 2010 alone because of incorrect alimony numbers. That estimate could be on the low end, as investigators only had the funds and resources to audit a few alimony-related returns. The IRS has sent some reminder forms to those who were found with tax discrepancies, but it is unclear whether the government has recouped any of that outstanding money. The IRS does not always have the authority to contest an alimony deduction claim.

No matter whether you receive or pay spousal support, it is important to remain on the right side of the IRS when filing your alimony-related tax documents. Taxpayers can face serious penalties for failing to pay their taxes. Although the IRS is still refining its policies, it pays to be honest and transparent when filing taxes.

Source: The Washington Times, “Divorcees cheat IRS out of millions through alimony” Stephen Dinan, May. 15, 2014

Child Custody

Shepherd’s Child Custody Case Complicated by Surrogate

Maryland residents who are familiar with the popular daytime talk show “The View” may be surprised to know that one of the show’s stars has separated from her husband. Sherri Shepherd has reportedly kept many of her relationship problems out of the spotlight. Even her close friends were surprised to learn that her husband is pursuing a legal separation.

Shepherd’s divorce involves some unusual child custody issues because she and her husband were employing a surrogate to have a child. That baby has not yet been born. Insider sources say Shepherd had not revealed that she was expecting a child through a surrogate. She is known to carefully protect her personal privacy.

Reports show that the 47-year-old woman’s husband filed for legal separation on May 2. Courtroom documents revealed that the couple is expecting a child via surrogate. It appears that both parties are gearing up for a child custody fight, with Shepherd’s soon-to-be ex-husband, Lamar Sally, seeking full custody of the boy.

It appears that Shepherd’s ex is attempting to invalidate their prenuptial agreement. He is accusing Shepherd of fraud. News reports have not indicated the nature of the alleged fraudulent activities that occurred. Sally is also asking the court to grant the woman only “reasonable” visitation rights, though that term has not been formally defined.

Child custody issues involving surrogates still cause some stir in Maryland and other jurisdictions. Parents who are considering recruiting the help of a surrogate should pay close attention to the legal requirements in their state. This case has the potential to become particularly complicated because the couple’s child has not yet been born. Parents are urged to consult with a family attorney before using a surrogate in order to plan for contingencies such as this situation.

Source: People Magazine, “Sherri Shepherd Split and Baby News a ‘Shock’: Source” Alexis L. Loinaz and Charlotte Triggs, May. 10, 2014

Legal Separation

Court: Legal Separation Not Compromised by Phone Sex

Maryland couples who are interested in pursuing a divorce should know that the state requires a year-long period of living apart before a marital dissolution can be granted. Legal separation for 12 months means that the couple must live separately for an entire year. Couples are prohibited from cohabiting or having sexual relations with each other during this period.

A recent challenge to this rule has determined, however, that phone sex does not count as official sexual relations. That is, couples can engage in “sexually explicit telecommunications” without having to restart the 12-month waiting period. The decision was handed down by an appeals court on April 30.

The couple in this case had been living apart for a full 12 months, and they had not had physical relations during that time. However, they had phone sex one time during that period. A lower court decided that the divorce case should be thrown out because the phone conversation constituted “sexual relations,” even though it was not officially sexual intercourse.

This decision may have significant implications for other couples who engage in explicit communication about sex. Now, electronic communications are not considered official cohabitation, so divorce cases may not be dismissed on that basis alone. The Maryland judges reportedly based this decision on other cases from North Carolina and Louisiana. Courts in those states had determined that phone conversations could not officially be considered adultery.

Maryland does have specific laws related to legal separation before a divorce can be granted. Couples who are concerned about complying with these regulations may benefit from a consultation with a family attorney. These professionals may provide additional information about legal separation requirements in Maryland courts, ensuring that spouses are prepared to pursue a divorce when the waiting period is over.

Source: The Baltimore Sun, “Phone sex is not really sex, Maryland court rules in divorce case” Ian Duncan, Apr. 30, 2014

Child Support

Withholding Visitation if No Child Support is Paid in Maryland

May Visitation or access be withheld from a non-custodial parent if that parent fails to pay child support in Maryland?

No, not under Maryland law.  The obligation to pay child support is separate and distinct from a parent’s right to visitation and access with one’s child.  If there is an order to pay child support, the custodial parent can file an action in cointempt to force the noncustodial parent to pay child support.  Hoiwever, the custodial parent may subject himself or herself to a contempt action of his or her own if he or she refuses to abide by the terms of an agreed upon or court ordered access schedule.

It is tempting when one parent is refusing to honor his or her child-related obligations for the other to enegage in “self help” and hold  back visitation and access from the delinquent parent to force that parent’s compliance with the Court Order.  Unfortunately, that strategy may end up backfiring on the parent who takes the action.

Sometimes, just the limited intervention of your Annapolis, Maryland family law attorney to remind the other party of the court ordered obligations and the legal consequences of contempt of court is enough to resolve the conflict.

If the other party is particularly stubborn, litigation may be unavoidable, but at least the compliant parent will have “clean hands” and will not be facing any legal action by having denied court ordered visitation.

Child Support

I Am Not Going To Pay Child Support

“I am going to jail before I pay her child support and alimony.”  we often hear out clients say.  We always chuckle to ourselves because it is obvious that the people who say that have never been to jail and have no idea what it is like in there.    We once had a professional client with a huge income in a very high conflict case.  He swore he would go to jail before he paid child support.  That is what happened when he refused to pay.  I passed him that day walking on the shoulder of the road coming away from the Detention Center after his Dad had wired the money to get him out of jail.

Your Maryland attorney can work with you in determining what to do about child support.  If child support is in a court order or an agreement that is incorporated in a Court Order, failing to pay child support is contempt of the court order.  The ultimate penalty in civil contempt is after the court sets an amount of money that must be paid, jail is ordered if it is not paid.

Jail is not the only consequence.  If the support is overdue by more than sixty days, your driver’s license will be forfeited.  You could lose your professional license.  Your income tax refund could be intercepted and delivered to your former spouse to pay back support.   If your former spouse asks to have a Judgment entered against you for past-due support. your bank accounts could be attached.  Your car and other assets could be attached and sold.  A judgment is a lien against any real estate you own.

The moral of the story is:  “Pay your child support.”