The COVID-19 pandemic has swept the nation, causing uncertainty in its wake. While many essential businesses and government offices have shut down, the Maryland courts have been diligent in figuring out how certain matters can still be heard. While the Maryland courts may be restricted, many are still conducting uncontested…
What is an Absolute Divorce? The effect of Maryland’s absolute divorce is parallel to a traditional divorce; it is the final termination of the marriage. In an absolute divorce, custody, visitation, and child support terms between both parties are set, both parties are granted the right to live separately and…
The spread of COVID-19 has stressed many family dynamics on a daily basis. Kitchen tables are now elementary school classrooms and backyards now host recess. With Maryland’s Stay-At-Home Order still in place, children and parents are finding themselves working through finding a new normal. Parents that share time with their…
I have a handful of clients in this exact situation and all of them are finding it increasingly difficult to share space in a home they no longer want to share with the other. In addition to grudgingly sharing the space, they are attempting to do so while one or…
Another unfortunate consequence of COVID-19 is the postponement of the pendente lite hearings, settlement conferences and merit trials which were actually scheduled on the court docket months ago, but are not going forward as planned due to the court closures. Thus far, my experience has been that the courts are…
The short answer is yes, if your situation meets the statutory requirements for a protective order, peace order or extreme risk protective order, you may still obtain an interim order of protection. Pursuant to the Maryland Court of Appeals Chef Judge Administrative Order issued March 25, 2020, all petitions for…
Oftentimes, parents with the best intentions disagree on how to manage the health, safety, and medical issues of their children. Throw in a pandemic and navigating custody and access becomes even more of a challenge with COVID-19 CDC recommendations and government-imposed restrictions. As a practitioner, this is a first, and…
Maness remains precedent in above the guidelines cases. Maness v. Sawyer, 108 Md. App. 295 (2008). In Maness, the Court of Special Appeals, again, reviewed an above-the-guidelines case. The father’s monthly actual income was $7,833 and the mother’s monthly actual income was $8,333, totaling a combined monthly income of $16,166. …
Jackson remains precedent in “above the guidelines” cases. Jackson v. Proctor, 145 Md. App. 76 (2002). The Court of Special appeals reviewed, once again, an above-the-guidelines case involving a professional football player in Jackson. The appellant, Mr. Jackson, earned an average salary of $710,000 per year, exclusive of bonuses, throughout…
Freeman remains precedent in “above-the-guidelines” cases. Smith v. Freeman, 149 Md. App. 1 (2002). In Smith, the Court of Special Appeals addressed another above-the-guidelines case. This case differs from the aforementioned cases as the parties were never married. Antonio Freeman, the appellee was a professional football player earning annual salaries…
Bagley remains precedent in “above-the-guidelines” cases Bagley v. Bagley, 98 Md. App. 18 (1993) In Bagley, the Court of Special Appeals was asked to review the findings and recommendations of a Domestic Relations Master which were adopted by the Circuit Court for Montgomery County. This case, like Voishan and your…
Voishan remains precedent in “above-the-guidelines” cases. Voishan v. Palma, 327 Md. 318 (1992). In Voishan, the Court of Appeals addressed a mother’s Motion to Modify Child Support. The trial court granted the mother’s motion and ordered the father to double the amount of support he was paying for the parties’…
A Custody Evaluator is appointed by a Court pursuant to Maryland Rule 9-205.3. Pursuant to the Maryland Rule there are mandatory elements of a Custody Evaluation as set forth in 9-205.3(f)(1) and optional elements as set forth in 9-205.3(f)(2). Mandatory elements, subject to any protective order of the court, a…
The U.S. Code of Federal Regulations, Part 838.103 provides “Self-only annuity means the recurring unreduced payments under CSRS or FERS to a retiree with no survivor annuity payable to anyone. Self-only annuity also includes the recurring unreduced phased retirement annuity payments under CSRS or FERS to a phased retiree before…
Sen. Wayne Norman (R-Harford) has introduced SB 499, a bill that would allow a circuit court to grant an absolute divorce on the basis of mutual consent, with only one of the parties appearing in court. The bill deletes Fam. Law Sec. 7-103(a)(8)(iv), which currently requires both parties to appear…