Child Support in Maryland

Child-support in Maryland also addresses the issue of voluntary impoverishment. In the court's opinion Wills v Jones 340 Maryland 480 (1995) the court addressed the issue of voluntary impoverishment. The court determined; whether a parent is voluntarily impoverished is a question only of whether the parent's impoverishment was voluntary. Examples are found in circumstances where a parent leaves a job to accept the position paying less. To the extent the decision was made voluntarily to leave the higher-paying job the parent is voluntarily impoverished. There is no need for the reduced pay to occur in conjunction with a desire to avoid child-support as a basis to establish voluntary impoverishment Goldberger v Goldberger.

Once it is established that the reduced pay is the product of a voluntary decision the only other next question revolves around the voluntarily impoverished parent's earning capacity or potential income. Prior earning history as well as vocational assessments are often times used to determine a parents earning capacity. The court looks at a number of factors in determining potential income including age; mental and physical condition; accident; educational background, special training or skills; prior earnings; efforts to find and retain employment; the status of the job market in the area where the parent resides; actual income and any other factor bearing on the parents ability to obtain funds for child support.

A parent is not excused from support because of a tolerance of or a desire for a frugal lifestyle. It has been noted by the court in Maryland that the individual's decision to move from his residence to a new residence where he earns less money is not the basis for voluntary impoverishment as it presents a unreasonable restriction on a person's ability to relocate Moore v Tseronis 664 A 2d 427.

If you have questions regarding child-support in Maryland please feel free to give me a call at 1-888-760-7339.

Child Support in Maryland

Child-support in Maryland that section 12 – 202 provides that there is a rebuttable presumption that the amount of child support which would result from the application of the child support guidelines is the correct amount of child support to be awarded. The presumption however can be rebutted with evidence that shows that the application of the guidelines would be unjust or inappropriate. An example of the court application of this concept is found in the case of Horsley v Radisi 750 A 2d 692 (2000). Among other issues addressed in this case the court addressed the issue of extracurricular activities in the form of soccer camps, karate lessons, and violin lessons for a gifted and talented child as cost to be included in the child support calculations. The court differentiated between cost incurred for discretionary activities such as camps, music lessons, tutoring and gifted and talented programs versus expenses for remedial tutoring and gifted and talented educational programs. In pursuit of further clarification the court did not specifically exclude a deviation from the Maryland child-support guidelines to facilitate appropriate training for a child who excels in a particular area whether art, music or athletics with the caveat that the public schools cannot provide that appropriate training.

If you have questions regarding child support in Maryland please feel free to give me a call at 1-888-760-7339. I will answer your questions over the phone at no cost to you.

Child Support Maryland

Child support in Maryland: by law parents are required to support a minor child through the age of 18, or until age 19, if the child is enrolled in secondary school. The obligation to support a minor child who is still attending secondary school until the age of 19 is a change from the prior law. You may find this change in Maryland annotated code article 1 section 24 Rules of Interpretation which creates an exception for child support and further family law article 5–203 says that parents are jointly and severally liable for child support, care, nurture, welfare and education. If you have the need to file a petition with the court to establish child-support in Maryland you are eligible to file the complaint in the county where the noncustodial spouse lives or works or where the child lives. It's important to remember when you file your complaint to establish child support you also have to file your financial statement see Maryland rule 9–202. If you have questions regarding child-support in Maryland or any other matter involving divorce in Maryland please feel free to give me a call. I will answer your questions for you right over the phone at no cost to you 1-888-760-7339.

Divorce in Maryland Modification of Agreements

The court in a divorce in Maryland may modify any provision of the deed, agreement, or settlement with respect to the care, custody, education, or support of any minor child of the spouses, the modification would be in the best interest of the child. This language is found in Maryland family law article 8–103 that modification of the, agreement, or settlement. It is important to recognize that the court has the authority to change your agreement relative to custody visitation and child support. Too often I've seen parties except last or waive rights they could otherwise assert in exchange for consideration on visitation schedules. Only to find subsequently the other party has requested that the court modify the visitation schedule. When this happens you could very well find yourself having waived a property interest in exchange for a visitation schedule which is subsequently changed. This situation can be controlled in a separation agreement however it is an issue you must be aware of. If you have questions regarding divorce in Maryland were a separation agreement in Maryland please feel free to give me a call. I will answer your questions over the phone at no cost to you. 1-888-760-7339

Child Support MD

Child-support in Maryland can be established by an initial pleading seeking child support from the other biological parent. Already existing child-support orders can be modified if there has been a material change of circumstances which would warrant a modification of the child support. In either of those cases the child support is retroactive back only to the date of filing. Additionally, I have represented clients who received child-support arrears back to the date of last payment when the payor parent failed to file a motion for modification when circumstances changed. That is an uncommon result which I would not expect to realize for my client had the payor spouse become disabled or unemployed through no fault of their own. If you have questions about child support in Maryland or any other issue involving divorce in Maryland please feel free to call my office we will discuss your case over the phone at no cost to you. 1-888-760-7339

Child-support in Maryland

Voluntary impoverishment can be found in family law article 12 – 201 where it states if a parent is voluntarily impoverished child support may be calculated based upon the termination of potential income. However a determination of potential income may not be made for a parent who is unable to work because of a physical or mental disability or is caring for a child under the age of two from the parents are jointly and severally responsible. Voluntary impoverishment is generally found in a circumstance where a person has taken a reduction in salary to avoid his or her support obligations. As such it can be found in circumstances where an individual is working at less income than they have the ability to earn and it is done for the purpose of avoiding a child support obligation. It is rare that a parent would go to such extremes to avoid paying child support however I have seen those circumstances occur. Mainly I see those occasions arise where the paying spouse changes jobs frequently to avoid wage withholding liens. If you have questions on child support or any other matter involving child-support in Maryland please feel free to call me at 1-888-760-7339 I will answer your questions over the phone at no cost to you.

Child Support in a Divorce in Maryland

School and transportation expense may be divided between the parents in proportion to their adjuste actual income. Family law article section 12–204 includes any expense for attending a special or private elementary or secondary school to meet the particular educational needs of the child or any expense for transportation of the child between the homes of the parent. "Particular educational needs" was defined in Witt v Ristaino 701 A2d 1227. The court held that the trial judge should consider a nonexhaustive list of factors when determining whether a child has a particular educational need. This would include the number of years the child has been in attendanc at the particular school. The child' performance while in the school, family history, parents choice, any particular factor that may impact upon the child's best interest and the parties ability to afford the private school education. If you have questions regarding divorce in Maryland please feel free to give me a cal I will answer your questions over the phone at no cost to you 1-888-760-7339.

Divorce in Maryland children as witnesses

In a divorce in Maryland a judge is not required to interview a child in a custody case. If the court decides to interview a child it may be done without the presence of the parties and without the presence of counsel, even over the objections of either of the parties. The interview however must be reported by the court reporter unless the parties waive the recording requirement. Immediately following the interview the contents must be made known to counsel and the parties. Counsel for either party or even a best interest attorney is typically given the opportunity to suggest questions for the court to ask of the child the questions are typically submitted in writing. If you have questions regarding divorce in Maryland and or child custody in Maryland please feel free to give me a call. I will answer your questions for you right over the telephone at no cost to you. 1-888-760-7339

Domestic Violence in Maryland

The Maryland Domestic Violence Statute 4-501. Definitions "Abuse" means any of the following acts:

(i) an act that causes serious bodily harm;

(ii) an act that places a person eligible for relief in fear of imminent serious bodily harm;

(iii) assault in any degree;

(iv) rape or sexual offense under §§ 3-303 through 3-308 of the Criminal Law Article or attempted rape or sexual offense in any degree;

(v) false imprisonment; or

(vi) stalking under § 3-802 of the Criminal Law Article.

(2) If the person for whom relief is sought is a child, "abuse" may also include abuse of a child, as defined in Title 5, Subtitle 7 of this article. Nothing in this subtitle shall be construed to prohibit reasonable punishment, including reasonable corporal punishment, in light of the age and condition of the child, from being performed by a parent or stepparent of the child.

(3) If the person for whom relief is sought is a vulnerable adult, "abuse" may also include abuse of a vulnerable adult, as defined in Title 14, Subtitle 1 of this article.

Child care provider (c) "Child care provider" means a person that provides supervision and care for a minor child.

Cohabitant (d) "Cohabitant" means a person who has had a sexual relationship with the respondent and resided with the respondent in the home for a period of at least 90 days within 1 year before the filing of the petition.

Emergency family maintenance (g) "Emergency family maintenance" means a monetary award given to or for a person eligible for relief to whom the respondent has a duty of support under this article based on:

(1) the financial needs of the person eligible for relief; and

(2) the resources available to the person eligible for relief and the respondent.

Final protective order (h) "Final protective order" means a protective order issued under § 4-506 of this subtitle.


Home (i) "Home" means the property in this State that:

(1) is the principal residence of a person eligible for relief; and

(2) is owned, rented, or leased by the person eligible for relief or respondent or, in a petition alleging child abuse or abuse of a vulnerable adult, an adult living in the home at the time of a proceeding under this subtitle.

Interim protective order (j) "Interim protective order" means an order that a Commissioner issues under this subtitle pending a hearing by a judge on a petition.

Local department (k) "Local department" means the local department that has jurisdiction in the county:

(1) where the home is located; or

(2) if different, where the abuse is alleged to have taken place.

Person eligible for relief (l) "Person eligible for relief" includes:

(1) the current or former spouse of the respondent;

(2) a cohabitant of the respondent;

(3) a person related to the respondent by blood, marriage, or adoption;

(4) a parent, stepparent, child, or stepchild of the respondent or the person eligible for relief who resides or resided with the respondent or person eligible for relief for at least 90 days within 1 year before the filing of the petition;

(5) a vulnerable adult; or

(6) an individual who has a child in common with the respondent.

Petitioner (m)(1) "Petitioner" means an individual who files a petition.

(2) "Petitioner" includes: (i) a person eligible for relief; or (ii) the following persons who may seek relief from abuse on behalf of a minor or vulnerable adult:

1. the State's Attorney for the county where the child or vulnerable adult lives, or, if different, where the abuse is alleged to have taken place;

2. the department of social services that has jurisdiction in the county where the child or vulnerable adult lives, or, if different, where the abuse is alleged to have taken place;

3. a person related to the child or vulnerable adult by blood, marriage, or adoption; or

4. an adult who resides in the home.

Residence (n) "Residence" includes the yard, grounds, outbuildings, and common areas surrounding the residence.

Respondent (o) "Respondent" means the person alleged in the petition to have committed the abuse.

Temporary protective order (p) "Temporary protective order" means a protective order issued under §4-505 of this subtitle.

Victim (q) "Victim" includes a person eligible for relief.

Vulnerable adult (r) "Vulnerable adult" has the meaning provided in § 14-101(q) of this article.

Please feel free to call me if you have any questions about domestoic voilenc ein Maryland I am happy to answer your questions over the phone and will do so at no cost to you 1-888-760-7339

Settlement Agreement in Divorce in Maryland

Many times the preferred way to resolve your divorce case is by agreement. Sometimes that is possible and sometimes it is not possible. However be cautious when entering into a separation agreement. Always have an attorney review the agreement prior to signing anything. I have repeatedly seen situations where parties unrepresented by attorneys enter into agreements which prove harmful in the long run. Many examples can be found. A situation for everyone to watch out occurs when parties naïvely waive interest in assets of definable value. This happens when one accepts benefits as child-support payments not otherwise due or subject to modification in exchange for a waiver of an interest in a tangible property interest. Incredibly I have seen that situation several times. If you have questions regarding a separation agreement relative to your divorce in Maryland please feel free to give me a call. I will answer your questions over the phone at no cost to you. 1-888-760-7339.

Child Support in Maryland

Child-support in Maryland utilizes a mathematical formula for calculating the noncustodial parents obligation to support the children. Income from both parties is calculated and adjusted for health insurance premiums incurred to benefit the children, daycare cost related to work, and in certain circumstances private school education are added to the child-support guidelines and the child-support obligation calculated. One other added factor to consider is the number of overnights when the children are with the otherwise noncustodial parent. Once the threshold of 128 overnights is realized the same factors as set forth above are plugged into the mathematical formula however the mathematical formula for determining child support in Maryland is itself changed. Often times having very dramatic impact on lowering the noncustodial parents child-support obligation. One other element to take into consideration are travel cost incurred to facilitate the visitation. Often times the court will entertain arguments that the child support amount should not be paid in full and a deviation should be allowed when the noncustodial parent lives so far away from the children that they incurs a cost that they cannot afford, along with child-support payments, to see the children. If you have questions on child-support in Maryland please feel free to call me I will discuss your case over the phone at no cost to you. 1-888-760-7339.

How to Divorce in Maryland

Before you are eligible to file a complaint for absolute divorce in Maryland it is first necessary to establish the grounds for divorce. Once you have established that you are eligible to file the complaint for absolute divorce in Maryland you would file the complaint, information sheet and potentially a financial statement in the Circuit Court where either you reside or in the Circuit Court of the county where your spouse resides. The court will issue a summons for service on the spouse along with the information sheet, complaint and financial statement, if necessary. Upon service of the summons to your spouse they are then required to file an answer. If no answer is filed you would move forward to a default judgment. If an answer is filed the court will schedule a conference for all the parties to attend where appropriate court assets can be applied to the issues of the divorce case in an attempt to resolve the issues without litigation. If those measures are unsuccessful the case will proceed to a settlement conference. If the case cannot be resolved at the settlement conference a hearing date is scheduled for the parties to appear in court and present their evidence. There are a number of detours any given case can take depending upon the facts of those individual cases. If you have questions about your divorce in Maryland please feel free to call me. I am happy to answer your questions over the phone and will do so at no cost to you 1-888-760-7339

Maryland Uniform Child Custody Act

The Maryland uniform child custody act can be found in the Maryland family law at section 9.5 – 201. The purpose of this blog entry is to point out the interplay between the uniform child custody act and section 9-302 of the Maryland family code annotated dealing with removal of children from the state. As well as section 9.5 – 207 which addresses the Maryland state courts ability to decline jurisdiction due to inconvenient forum. I recently completed a case where one of the parents had removed the children from Maryland in a clandestine manner. The noncustodial parent was completely unaware that the children had been removed from Maryland until nearly 7 months after their relocation. There was ample evidence to establish that the custodial parent never communicated the relocation to the noncustodial parent prior to that seven-month period of time expiring. Of course the custodial parent file for custody in his new jurisdiction in the noncustodial parent requested the court in Maryland to assume jurisdiction due to the wrongful taking and removal of the children from Maryland. Maryland case law on point suggest that while 9-302 supports the continuing jurisdiction of the custody issue be heard in Maryland ultimately the court's decision will properly rest on 9.5 – 207 wherein the court will make a determination as to which of the jurisdictions is most convenient. Factors have been outlined by the court for consideration. If you have questions about jurisdictional issues involving child custody please feel free to call me or visit my websitehttp://www.yourmarylandlawyer.com/index.html . 1-888-760-7339

How to Divorce in Maryland (part II)

This is the second installment on instructions regarding how to divorce in Maryland. As was stated in the prior post before you can file a complaint for absolute divorce in Maryland you must first establish your grounds for divorce. Maryland recognizes several grounds for divorce some more prevalent than others. I have outlined only those that are most common.

An Absolute divorce in Maryland requires that you stay separate and aprt from your spouse for one year before you can file the complaint for absolute divorce. The only exceptions are if your spouse is committing adultery or treating you with excessively vicious conduct. The absolute divorce is the final divorce and addresses all the issues of the marriage, including, custody, visitation, child support, use and possession, alimony, equitable distribution of marital property and counsel fees.

The grounds available for an Absolute Divorce are:

Adultery; is defined as sexual intercourse with some one from the opposite sex that is not your spouse. It is proven by evidence of propensity to commit adultery and opportunity. A person who commits adultery can not be compelling to testify against themselves for any act occurring with in one year. Adultery can be proven my admission of the adulterous party only under circumstances where the case is hotly contested and there are no indications of collusion.

Desertion; your spouse left the marital home with the intention of ending the marriage and you and your spouse have remained separate and apart for one year and there is no hope you will ever get back together again.

Constructive Desertion: you left the marital home because your spouse made it impossible for you to continue living in the home with your health happiness and self respect intact. And you and your spouse have remained separate and apart for one year and there is no hope you will ever get back together again.

Excessively Vicious Conduct.

Voluntary Separation; you and your spouse agreed it was time to end the marriage and your spouse left the marital home. And you and your spouse have remained separate and apart for one year and there is no hope you will ever get back together again.

If you have questions on how to divorce in Maryland or the grounds for divorce in Maryland or any other subject involving divorce in Maryland please feel free to give me a call I am happy to answer your questions over the phone and will do so at no cost to you. 1-888-760-7339.

How to Divorce in Maryland

To answer the question of how to divorce in Maryland please appreciate there are procedures to be followed. In their simplest form it is necessary that you must establish your grounds for divorce. Once you have established the grounds for divorce you will file a complaint with the court attaching your longform or short form financial statement to the complaint for filing. The court will issue a summons and information sheet with instructions for you to attach your complaint and financial statement to the summons and information statement. At this point you must serve the summons, complaint and information statement on your spouse. Your spouse will then be required to file an answer. Once that task is completed the court will schedule a meeting at the court for a scheduling conference to set dates for additional court resources and other discovery related deadlines. As in all matters of the law there are several distinguishing requirements to be met not only in the drafting of your pleading but also in the service of the pleading and the time frames for the spouse to file his answer. If you have questions regarding any of these procedures please feel free to give me a call I am happy to answer your questions right over the phone and I will do so at no cost to you. 1-888-760-7339

Child Support Maryland Income Defined

In a Maryland child-support case the law has defined what income will be included in calculating the child support obligations. Below is an excerpt from that statute in Maryland law which defines income for child support purposes in a Maryland child support case.
b)(1) "Actual income" means income from any source.(2) For income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership or closely held corporation, "actual income" means gross receipts minus ordinary and necessary expenses required to produce income.

(3) "Actual income" includes:

(i) salaries;

(ii) wages;

(iii) commissions;

(iv) bonuses;

(v) dividend income;

(vi) pension income;

(vii) interest income;

(viii) trust income;

(ix) annuity income;

(x) Social Security benefits;

(xi) workers' compensation benefits;

(xii) unemployment insurance benefits;

(xiii) disability insurance benefits;

(xiv) for the obligor, any third party payment paid to or for a minor child as a result of the obligor's disability, retirement, or other compensable claim;

(xv) alimony or maintenance received; and

(xvi) expense reimbursements or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business to the extent the reimbursements or payments reduce the parent's personal living expenses.

(4) Based on the circumstances of the case, the court may consider the following items as actual income:

(i) severance pay;

(ii) capital gains;

(iii) gifts; or

(iv) prizes.

(5) "Actual income" does not include benefits received from means-tested public assistance programs, including temporary cash assistance, Supplemental Security Income, food stamps, and transitional emergency, medical, and housing assistance.


If you have questions regarding child support in Maryland please feel free to give me a call at 1-888-760-7339. I am happy to answer your questions over the phone at no cost to you.

Child Support in MD

Child-support in Maryland is based upon a mathematical calculation that is outlined in the child support guidelines. It is essentially adding each spouse's gross income calculating the proportionate share of the income then calculating each parties financial obligation to pauy child support consistent with that percentage of contribution. Health insurance premiums are calculated in too adjusting the gross income. Child care costs are also calculated as well as uninsured health cost and education cost as they relate to, amoung other things, private schools. The court will allow deviations from the child support guidelines to facilitate visitations if it is proven that it is in the children's best interest to reduce the child-support payment. One other additional major factor affecting the amount of the child support to be paid is the number of overnights when the children are with the otherwise noncustodial parent. Once the threshold of 128 overnights is reached the mathematical formula for calculating child support is modified for that shared physical custody arrangement. If you have questions regarding Maryland child-support or child-support arrears or divorce in Maryland please feel free to give me a call. I will answer your questions over the phone at no cost to you 1-888-760-7339.

Adultery in a Maryland divorce

Adultery is one of the few grounds in the state of Maryland that will allow you to file a complaint for absolute divorce without waiting the one-year period of separation required by many of the other grounds for divorce that are available to you. I received many telephone calls every day from people asking if the e-mails and telephone messages between the offending spouse and the paramore are sufficient evidence of adultery. In order to prove adultery in the state of Maryland you must prove the offending spouse and the paramore have a disposition to commit the adultery and an opportunity to commit the offense. So yes the e-mails and text messages and the phone messages are important evidence. However proof of adultery is typically circumstantial evidence. In a divorce in Maryland adultery is required to be proven by a preponderance of the evidence. Opportunity requires some evidence that the offending spouse has been alone with the paramore that is enough to prove opportunity. If you have questions regarding divorce in Maryland please feel free to call me. I will answer your questions for you right over the phone. 1-888-760-7339

Uniform Child Custody Act Maryland

Circumstances arise where parties resident in different states have disputes over the custody of minor children. As a result of the problems most jurisdictions have adopted the Uniform Child Custody Jurisdiction and Enforcement Act. The Maryland statute is found in Maryland Family Law section 9.5–101 through 9.5–318. The implementation of the Act has eroded the concept of continuing jurisdiction over child custody issues. Particularly in those circumstances where a party is seeking a modification of a prior custody award and neither party resides in Maryland. In its simplest form the Act provides that the location which provides the most convenient forum for the court to determine the issue of custody in conjunction with the residents of the children for that six-month period of time immediately prior to filing the petition seeking custody shall be considered the home state. There are exceptions in emergency circumstances and in circumstances where the otherwise home state refuses to accept jurisdiction that Maryland will step in and decide issues for the parties. If you have questions regarding custody issues in a Maryland divorce please feel free to call me. I am happy to answer your questions right over the phone at no cost to you. 1-888-760-7339.

Joint Property Statements in Divorce in Maryland

In a divorce in Maryland a very valuable requirement is disclosure in the form 9-207it is the joint statement of property. I have attached the excerpts from the rules below.

a) When required.- When a monetary award or other relief pursuant to Code, Family Law Article, § 8-205 is an issue, the parties shall file a joint statement listing all property owned by one or both of them.
b) Form of property statement.- The joint statement shall be in substantially the following form:

INSTRUCTIONS:

1. If the parties do not agree about the title or value of any property, the parties shall set forth in the appropriate column a statement that the title or value is in dispute and each party's assertion as to how the property is titled or the fair market value.
2. In listing property that the parties agree is non-marital because the property is directly traceable to any of the listed sources of non-marital property, the parties shall specify the source to which the property is traceable.

(c) Time for filing; procedure.- The joint statement shall be filed at least ten days before the scheduled trial date or by any earlier date fixed by the court. At least 30 days before the joint statement is due to be filed, each party shall prepare and serve on the other party a proposed statement in the form set forth in section (b) of this Rule. At least 15 days before the joint statement is due, the plaintiff shall sign and serve on the defendant for approval and signature a proposed joint statement that fairly reflects the positions of the parties. The defendant shall timely file the joint statement, which shall be signed by the defendant or shall be accompanied by a written statement of the specific reasons why the defendant did not sign.

(d) Sanctions.- If a party fails to comply with this Rule, the court, on motion or on its own initiative, may enter any orders in regard to the noncompliance that are just, including:
(1) an order that property shall be classified as marital or non-marital in accordance with the statement filed by the complying party;
2) an order refusing to allow the noncomplying party to oppose designated assertions on the complying party's statement filed pursuant to this Rule, or prohibiting the noncomplying party from introducing designated matters in evidence.

Instead of or in addition to any order, the court, after opportunity for hearing, shall require the noncomplying party or the attorney advising the noncompliance or both of them to pay the reasonable expenses, including attorney's fees, caused by the noncompliance, unless the court finds that the noncompliance was substantially justified or that other circumstances make an award of expenses unjust.

If you have question on the joint statement of property, please feel free to call me to discuss. 1-888-760-7339. I will answer your questions at no cost to you right over the phone.

Joint Legal Custody In Divorce in Maryland

Definition of Joint Custody as defined in Taylor v Taylor.

Embraced within the meaning of "custody" are the concepts of "legal" and "physical" custody. Legal custody carries with it the right and obligation to make long range decisions involving education, religious training, discipline, medical care, and other matters of major significance concerning the child's life and welfare. Joint legal custody means that both parents have an equal voice in making those decisions, and neither parent's rights are superior to the other.

If you have questions on issues of joint legal custody divorce or personal injury in Maryland. Please feel free to call I will answer your questions over the phone at no cost to you. 1-888-760-7339

Uniform Child Custody Act Divorce In Maryland

The Uniform Child Custody Act among other things assist the court in deciding which of multiple different states may have jurisdiction to hear a custody action. The threshold typically is the children's residents for the 180 period of time immediately prior to a petition for custody being filed in that state. There are however circumstances where the 180 day threshold is of no force and effect to the then state of residence. For example, there are occasions where a spouse may secretively remove the children from the home state, establish new residency in another state, wait the 180 days, then file seeking custody. Maryland courts will not accept jurisdiction in a custody matter where the circumstances, giving rise to jurisdiction, involve wrongful taking, unjustifiable conduct, and are reprehensible conduct. Typically these are seeking off with the kids. If you have questions regarding jurisdiction or any other matter involving divorce in Maryland please feel free to give me a call 1-888-760-7339. I will answer your questions for you over the phone at no cost to you.

Divorce in Maryland Deviation from Child Support Guidelines

The law in Maryland does give the judge discretion to deviate from child support guidelines. The judge must explain why the deviation is in the child's best interest. However a deviation will often times be granted to facilitate vi station over distances to offset travel cost as an example. Also, if the non custodial spouse actually pays for after born children, they can also seek a deviation. The law likes to reward the person who pays child support whether court ordered or not. Ultimately the court can allow a deviation where is it justified to do so and in the child's best interest. If you have questions on divorce in Maryland please feel free to call me. 1-888-760-7339.

Child Support Extraordinary Medical Expenses

As part of the Maryland child support guidelines extraordinary medical expenses can be added to the monthly child support obligations as those costs are incurred. The definition of extraordinary medical expenses is found in the family Law article section 12-201. It means uninsured expenses over $100 for a single illness or condition it includes among other things, uninsured, reasonable, and necessary cost for dental, physical therapy treatment of chronic problems, professional counseling psychiatric therapy for diagnosed mental disorder. Typically these costs are apportioned between the parties consistent with their income ratios. However I have seen many times where the court simply requires each party to pay 50%. Which is not a bad deal for the financially dominant former spouse. If you have questions regarding these issues or any other issues involving a Maryland divorce action or personal injury and malpractice in Maryland please feel free to call 1-888-760-7339

Filing for Divorce in Maryland

In Maryland you can be granted a Limited Divorce and/or an Absolute Divorce. A Limited Divorce is used to obtain the temporary relief sometimes needed immediately after separation. For example your spouse has left the home and is not paying toward rent, food, alimony, child support, etc., and you need money now. You can file for a limited divorce and you do not have to wait for the normal one year separation. You can file immediately. An Absolute divorce in Maryland requires that you stay separate and apart from your spouse for one year before you can file the complaint for absolute divorce. The only exceptions are if your spouse is committing adultery or treating you with excessively vicious conduct. The absolute divorce is the final divorce and addresses all the issues of the marriage, including, custody, visitation, child support, use and possession, alimony, equitable distribution of marital property and counsel fees. The initial steps to filing a divorce in Maryland are as follows: Initial pleadings, Information Sheet, Financial Statement and filing fee are filed with the court. The Initial pleading (complaint) will be outlining your grounds and prayer for relief. The Court issues a summons and returns the pleading back to you for service. You locate and serve your spouse (or you can pay and let the sheriff serve your spouse) with the pleading. Depending upon where your spouse is served (in state/out of state) they have 30 days to file an answer. If you have questions on these or any other issues regarding divorce in Maryland, please feel free to call me. I will discuss your case over the phone, at no cost to you. 1-88-760-733. If you prefer visit my web page http://www.divorceinmaryland.net/

Child Care Cost in Divorce in Maryland

In a divorce in Maryland child support is based upon mandatory guidelines. One of the inclusions into the child-support calculation are actual childcare cost incurred by the custodial parent. The inclusion of childcare cost has a dramatic impact on increasing the amount of money to be paid by the noncustodial parent each month as payment. Below is outlined the Maryland statute on childcare expenses. As you will see the child care expense is properly included only where it is an actual costs incurred by the custodial parent due to employment or job search. As such if the custodial parent is incurring child care costs in pursuit of education or simply because they does not wish to keep an eye on the child every day the cost is not properly included in the child-support calculation. If you have any questions regarding child-support in a divorce in Maryland please feel free to give me a call at 1-888-760-7339. I am happy to answer your questions over the phone and will do so at no cost to you.

(g) Child care expenses.-

(1) Subject to paragraphs (2) and (3) of this subsection, actual child care expenses incurred on behalf of a child due to employment or job search of either parent shall be added to the basic obligation and shall be divided between the parents in proportion to their adjusted actual incomes.

(2) Child care expenses shall be:

(i) determined by actual family experience, unless the court determines that the actual family experience is not in the best interest of the child; or

(ii) if there is no actual family experience or if the court determines that actual family experience is not in the best interest of the child:

1. the level required to provide quality care from a licensed source; or

2. if the custodial parent chooses quality child care with an actual cost of an amount less than the level required to provide quality care from a licensed source, the actual cost of the child care expense.

(3) Additional child care expenses may be considered if a child has special needs.