How To File For Divorce in Maryland

As an overview on how to file for divorce in Maryland is important to first verify that Maryland has jurisdiction in your case. One or the other of the parties must reside in Maryland for at least one year prior to filing a complaint for absolute divorce in Maryland. Once you are confident you have this jurisdictional issue resolved the process is fairly straightforward. You must identify which issues you will need the court to address. There is a finite list of issues to be dealt with in any divorce in Maryland. You will file your complaint for absolute divorce in the county where your spouse lives or works or if you are a Maryland resident you may also file in the county where you live. You can secure the complaint forms at the circuit court in which ever of the counties or cities you will be filing. If you are seeking child support or alimony it will be necessary to file a financial statement with your complaint. Once you have filed the complaint the court will take approximately 2 weeks to process your paperwork and will return your paperwork to you with a summons. You then will have to serve your paperwork and the summons on your spouse. Once your spouse receives the paperwork and the summons, depending upon where they are served or reside, they will have a period of time to file an answer. If they should fail to file an answer you will asked the court to enter a default judgment against them. If you have questions about this process please feel free to give me a call I am happy to into your questions for you right over the phone at no cost to you 1-888-760-7339.

Child Support Arrears in Maryland

The Court of Appeals in Rosemann v. Salsbury, Clements, Bekman, Marder & Adkins, LLC determined that personal injury recovery is exempt from attachment to pay child support arrears. The case originates when the payor spouse received settlement funds arising from her personal injury case. Her former husband and custodian of the minor children learned of her recovery and sought to attach the funds in support of a judgment he had received for child support arrears. The court determined that the former wife's personal injury recovery is exempt as moneys payable in the event of sickness, accident, personal injury, or death.

Child Support Overpayment Divorce in Maryland

There are occasionally those situations where the payor spouse has made in overpayment of his child support obligation. For example, when incomes have changed and a motion for modification of the child support has been filed based upon that material change of financial circumstances however the hearing is not until several months later. In that circumstance the spouse who is paying the child support may be paying an amount in excess of what Maryland Child support guidelines might otherwise require. As such, it would seem to make sense that the spouse who has overpaid would be entitled to reimbursement for the overpayment. In a divorce in Maryland the spouse who has overpaid the child support amount is not entitled to restitution or reimbursement for the overpayment. The Maryland court addressed this issue in KRIKSTAN v. KRIKSTAN 90 Md.App. 462 601 A.2d 1127. Therein the Appellant complains that the court erred in ordering her to reimburse appellee for the overpayment of support. For several reasons the court determined that they need not address this issue at length. However, for the benefit of the court on remand, the court noted that appellee has "no right to restitution or recoupment following a modification of child support." Holbrook, 132 Md. App. at 70, 750 A.2d 724; see Tanis, 110 Md.App. at 570-71, 678 A.2d 88; Krikston, 90 Md.App. at 473, 601 A.2d 1127.

In Barr v. Barr, 58 Md.App. 569, 588, 473 A.2d 1300 (1984), the court explained that child support is the obligation of a parent to a child, not to the other parent. Therefore, a parent who "overpays" has no absolute right to recoupment. The concern, of course, is that such a requirement ultimately could deprive the child of benefits already received.