Marital Property and Exclusions in Maryland Divorce

When contemplating a divorce in Maryland, the question of "is it marital property" always seems to surface. "Marital" and "nonmarital" are adjectives used to describe time or manner of acquisition by either or both spouses. These words have nothing to do with "ownership", possession, or who uses it most. When a dispute arises between the parties in a Maryland divorce, the court shall determine what is marital property. In a Maryland divorce marital property can result in a monetary award, and hence why this is a hot topic in most Maryland divorce cases. There are things that can be excluded from "marital property". They are, property that was aquired before marriage, any inheritance or gift from a third party, anything that the parties agree to upfront that will not be considered marital property by agreement. If you have any questions regarding a divorce in Maryland, please feel free to call my office.

Child Custody Modification Divorce in Maryland

In a Maryland divorce the issues of child custody, visitation, child support, children's education, and alimony are always subject to further court modification. See family law article section 8-103. It is important to take note that modification of a prior award regarding custody and visitation issues will require proof that there has been a change of circumstances and that the modification being sought is in the child's best interest. Typically, you will find that courts are not anxious to change custody and visitation unless something is wrong with the current situation. It is one of those situations where if it ain't broke don't fix it.

As to child support is important to know that aarrears for child support modification is only retroactive back to the date that you request the modification. And it once again you do need to prove a material change of financial circumstances to justify the modification of the prior child support amount. I've seen countless cases where the payor spouse has lost their job and child support enforcement is continuing to pursue them for a child support payment. If you lose your job go to the circuit court in the county that entered the child support order and file a motion to modify the child support. You can do this on your own. If you have any questions just give my office a call and we will point you in the right direction. 1-888-760-7339