Child Custody Lawyer in Maryland

In Maryland the biological parent has rights to the care and custody of their child that are superior to any non biological persons. In fact in the event of a custody dispute the non biological party must prove the biological parent is unfit or there are exceptional circumstances affecting the best interest of the child as a threshold to the court ordering them to have custody. See Ross v Pick, 199 Md 341 86 A 2d 463 (1952). If you have encountered this situation where someone is trying to win custody over you for the care of your child, call me I am happy to discuss the case with you over the phone at no cost to you. 1-888-760-7339

Talaq Divorce Not Recognized in Maryland

The Court of Appeals in Maryland had the opportunity to address the issue of a talaq divorce issued at the Pakistani embassy in DC. The case is reported in Aleem v Aleem 404 Md 404, 947 A 2d 489 (2008). The Maryland court determined in this instance that the Pakistani law permitting the divorce and subsequent property distribution was in conflict with Maryland public policy as that policy impacts property distribution. At issue was the husband's million dollar pension, which had the Maryland court not interceded would have remained his sole possession post the talaq divorce.

Driver’s license and Divorce in Maryland

Can they really take my drivers license? The answer is yes.
The Child Support Enforcement division may notify the Motor Vehicle Administration of any obligor who is 60 days or more out of compliance with the most recent order of the court in making child support payments if:
(i) the Administration has accepted an assignment of support under or
(ii) the recipient of support payments has filed an application for support enforcement services with the Administration.
Upon notification by the Administration under this subsection, the Motor Vehicle Administration:
(i) shall suspend the obligor's license or privilege to drive in the State; and
(ii) may issue a work-restricted license or work-restricted privilege to drive in the State.
Conditions for reinstatement of obligor's license
If after information about an obligor is supplied to the Motor Vehicle Administration the obligor's arrearage is paid in full, the obligor has demonstrated good faith by paying the ordered amount of support for 6 consecutive months, or the Administration finds that one of the grounds exist the Administration shall notify the Motor Vehicle Administration to reinstate the obligor's license or privilege to drive.

Material Change to Justify Modification of Child Support

There are some points of interest relative to child support modifications. If the child support was initially the result of a Court Order you can seek a modification upon a show of material change in financial circumstances. Generally any increase or decrease in the child support amount (not necessarily a decrease or increase in the income) that would increase or decrease the child support by 25% is a material change of financial circumstances. If however the child support was arrived at by agreement between the parties and that agreement was later incorporated in the judgment of divorce, then the child support can be modified only upon the showing of (1) that the modification of the child support is in the child(ren) best interest and (2) that the new proposed child support figure is in the child(ren) best interest. I have located cases in Maryland where the Court has reduced the child support as it was in the kids best interest. Mostly the cases revolve around a changed circumstance of course and the impact of the change circumstances on the payer's ability to maintain visitation and or relationships with the children. Apparently Maryland will forgo money in exchange for fostering relationships and quality contact between parent and child.

Child Support Modification in Maryland Divorce

I have been receiving several calls each day from non custodial parents who have unfortunately lost their employment in this recession. Each wants to know what they should do to change the child support obligation since they are no longer earning wages. It is important to note initially that the child support modification is retroactive only back to the date you seek a modification. This means you must file the motion to modify child support immediately. Once this is done I suggest a consent agreement. We normally pursue this with a letter to the custodial spouse outlining you are no longer employed. If unemployment is being pursued this is income for child support purposes. If there is no unemployment money and no other income and you are actively trying to find a job then unfortunately everyone suffers until new employment is secured. There is no point in everyone running to court to prove you are not working. The simplest solution is enter into a consent agreement with the agreement to share income information the minute you secure new employment. At that point the child support can be recalculated and the child support restarted as normal. If you have any questions on child support issues, please visit my web page or feel free to call me. 1-888-760-7339