Divorce in Maryland

In any divorce in Maryland the court will consider extraordinary medical expenses as part of the child support obligation. I receive several calls on this issue each week from people interested to know if braces are included. The answer is yes braces are included. So having said that, extraordinary medical expenses are defined: Extraordinary medical expenses
(g)(1) "Extraordinary medical expenses" means uninsured expenses over $100 for a single illness or condition.
(2) "Extraordinary medical expenses" includes uninsured, reasonable, and necessary costs for orthodontia, dental treatment, asthma treatment, physical therapy, treatment for any chronic health problem, and professional counseling or psychiatric therapy for diagnosed mental disorders.

Additionally, just to mention the list of added cost in determining the child support amount also include actual child care expenses incurred due to either parent's employment, FL § 12-204(g); extraordinary medical expenses, FL § 12-204(h); special or private school expenses, FL § 12-204(i)(1); expenses for transportation of the child between the parents' homes, FL § 12-204(i)(2); expenses related to medical support, FL § 12-101(d); and a requirement that a parent include the child in that parent's health insurance coverage, FL § 12-102(b). That is the extent of payments that are child support, or are in the nature of child support, under Maryland law.

Divorce In Maryland The Finite List of Issues

Divorce in Maryland revolves around a finite list of issues to be resolved. The issues can be resolved by agreement between the parties or if the parties can not agree then the court will decide the issues for the parties. I have outlined in brief the list of issues. You can following the links to more detailed information or if you prefer you can call my office. We will discuss the issues over the phone at not cost to you.

Jurisdiction and Venue
Grounds for Divorce
Child Custody
Visitation
Child Support
Use and Possession
Contribution
Alimony
Marital Property
Marital Debt
Attorney Fees
Suit Money

Marriage Type Relationship Affecting Alimony in a Maryland Divorce

As we see in Whittington v. Whittington 172 Md.App. 317, 914 A.2d 212 Md.App.,2007 living in marriage type relationship is a factor the court can consider in modifying a post divorce award of alimony to the financially dependant spouse. So how does the Maryland divorce court define marriage type relationship see Fisher v. Fisher75 Md.App. 193, 540 A.2d 1165Md.App.,1988 although there is obviously no single mold into which all marriages (and therefore all “marriage-type relationships”) will fit, we think that the term envisions at least the normally accepted attributes of a marriage-a common residence which each party regards as his or her home, a common household to which each contributes, and a personal relationship that is more than casual and has significant meaning to each. These things are measured, of course, by living arrangements, by shared assets and expenses, and by how the parties and the community view their relationship.

Indefinite Alimony In a Maryland Divorce

Does a marriage type relationship outside and during the marriage as well as post divorce affect the alimony payment? The Maryland courts had stated that circumstance is a factor for the court to consider in awarding alimony and presumably continuing alimony post divorce see Whittington v. Whittington 172 Md.App. 317, 914 A.2d 212 Md.App.,2007.

By way of history the essential purpose of alimony was changed with the adoption of the Maryland Alimony Act in 1980. The principal function of alimony once had been maintenance of the dependent spouse's standard of living. However, when the Act was passed that function became rehabilitation of the economically dependent spouse. Karmand v. Karmand, 145 Md.App. 317, 327, 802 A.2d 1106 (2002). As such the law generally favors fixed-term or so-called rehabilitative alimony,’ rather than indefinite alimony.” Simonds v. Simonds, 165 Md.App. 591, 605, 886 A.2d 158 (2005)

There are of course exceptions to favoring fixed alimony. They are found in section 11-106(c) of the Family Law Article. First, the court has discretion to award indefinite alimony if, “due to age, illness, infirmity, or disability, the party seeking alimony cannot reasonably be expected to make substantial progress toward becoming self-supporting. And second, the court may award indefinite alimony upon a finding that, “even after the party seeking alimony will have made as much progress toward becoming self-supporting as can reasonably be expected, the respective standards of living of the parties will be unconscionably disparate.”

Under the Alimony Act, an award of alimony ceases, automatically, upon the remarriage of the recipient. However, the Act does not provide that alimony cannot be awarded, or, if awarded, terminates, or must be terminated, if the recipient lives in a “marriage type relationship” with another person. That circumstance is relevant according to the Whittington court as a consideration of the financial status of the party requesting the award. Additionally it also is relevant to whether the post-divorce disparity in the parties' standards of living is or is not conscionable.