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.

Marital property Divorce In Maryland

The best way to understand marital property, in my opinion, is to view the issue as follows. Any and all value acquired during marriage is subject to an equitable distribution between the parties. It does not matter how the value is titled. If it is value acquired during marriage it is marital property. Once the court has determined what property is marital property the court then values that property and then the court makes a determination as to what is a fair and equitable distribution of that value. As you can imagine there are multiple areas of disagreement on the issues of marital property. I can tell you any divorce starts with the inventory of assets, liabilities, income, monthly expenses, and some opinion relative to what is in the children's best interest. If you have questions regarding martial property or divorce n Maryland please feel free to call me at 1-888-760-7339. I am more than happy to answer your questions over the phone at no cost to you.

Settlement Agreements in Divorce In Maryland

In a divorce in Maryland the court will recognize the validity of a Settlement Agreement. The applicable Maryland statute on this subject can be found in the family Law article 8-101 and 8-102, which in pertinent part provides that a husband and wife may make a valid and enforceable agreement that relates to alimony, support, property rights, or personal rights. And that such an agreement is not a bar to a divorce no matter when the agreement was executed. It is always advisable to have an attorney review any separation agreement prior to signing the separation agreement. Once the agreement is signed it is subject to the courts authority to enforce the agreement. It is not subject to modification on any issues other than, child custody, visation and child support. If you have questions regarding separation agreements or any other matter affecting divorce in Maryland please feel free to call me at 1-888-760-7339. I am more than happy to answer your questions over the phone at no cost to you.

Living Separate In a Maryland Divorce

Several people have called me in the past weeks asking whether they could file for a divorce against their spouse while they are still living under the same roof. Each has explained to me the financial difficulty of moving. You will find that Maryland has a public policy interest in people being married and remaining married. As such, absent the grounds of divorce of adultery and excessively vicious conduct, Maryland law does require that the parties remain separate and apart for one entire year plus a day before they are eligible to file a complaint for an absolute divorce. It is possible to file a complaint for a limited divorce under constructive desertion while you are still living together with your spouse. This is only necessary to do if you have issues of custody or child support or alimony. Also just to mention it is not necessary to file papers with the court to prove that you are separated. You simply no longer live with your spouse and you are legally separated for purposes of divorce in Maryland.

If you have questions on any issues regarding a divorce in Maryland please feel free to call me at 1-888-760-7339. I am happy to answer your questions for you over the phone at no cost to you.

Grandparent Visitation Divorce in Maryland

Maryland law on grandparent visitation has gone through many changes. Previously a grandparent simply have to petition for reasonable visitation with their grandchild. There were no preconditions to the visitation. The outcome of the trial was solely in the court's discretion and the court decision was guided solely upon determining what was in the child's best interest. See Maryland family law § 9-102. An equity court may:(1)consider a petition for reasonable visitation of a grandchild by a grandparent; and (2)if the court finds it to be in the best interests of the child, grant visitation rights to the grandparent. Case law in Maryland has had a very dramatic impact on section 9-102. It is important to note initially that both parents need to be made a party to the action. Presently a presumption in favor of the parents decision concerning visitation with a third party, including a grandparent, should be considered by the court. The third-party must demonstrate that there will be a current or future detriment to the child absent visitation with the third-party as a prerequisite for application of the best interests analysis.

If you have questions regarding grandparent visitation or any other matter involving personal injury, medical malpractice or family law matters please feel free to call my office at 1-888-760-7339.

Alimony in a Maryland Divorce

There are a few issues involving alimony that may be of some interest. For example although court ordered alimony is always subject to modification however parties can specify in agreements that alimony payments are not subject to further court modification. Unless the parties agree in writing alimony will terminate upon remarriage. The circuit courts have an inherent power to award alimony and the power to reserve the issue of alimony. Alimony payents may retroactively applid to a time prior to the filing of a formal request for a modification of the alimony. Alimony is income to the recipient and a deduction to the payor. Generally speaking alimy is based upon a financial ability to pay alimony and a demonstrated financial need from the person who is seeking alimony.

If you have questions on the issues involving a divorce in Maryland please feel free to call me at 1-888-760-7339. I am happy to answer your questions for you over the phone at no cost to you.

Settlement Agreements Divorce in Maryland

There are generally two ways to resolve issues that arise in a divorce in Maryland. One is by agreement and the other is to let the court decide. Where possible it is preferred to resolve your issues by agreement. The benefits include controlling, to the extent possible, the outcome of your divorce and it is considerably less expensive than litigating the issues before the court. In the last week I have received several telephone calls from persons, that I was not representing, who have entered into separation agreements and almost immediately had second thoughts about the agreement and wanted to attack the agreement and set it aside. There are several ways to attack an agreement. However I will mention immediately that it is very difficult to attack an agreement and win. Some of the grounds available to attack an agreement include: duress and undue influence, lack of consideration, unjust or in equitable agreement, oppressiveness which shocks the conscience of the court, mutual misunderstanding, improper counseling, material fraud, negligent misrepresentation, and injustice and inequity.

If you have questions regarding your divorce, a separation agreement, or any other matter involving divorce in Maryland please feel free to call me at 1-888-760-7339.