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…
Maryland Divorce Lawyer Blog
Do you have an above the guidelines child support matter? Another case to consider
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. …
Do you have an above the guidelines child support matter? Another case to consider
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…
Do you have an above the guidelines child support matter? Another case to consider
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…
Do you have an above the guidelines child support matter? Another case to consider
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…
Do you have a child support matter that is above the guidelines? A case to consider
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’…
Does your child custody case need a custody evaluation or has one been ordered by the Court?
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…
Federal Government Pension Orders – be mindful of what was ordered by the Court
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…
Protective Orders in Divorce Cases
A bill was approved by the Maryland House repealing the language of a Maryland Family Law Statute which prohibits decisions in domestic violence proceedings from being admitted into evidence during divorce trials. Current law states that courts cannot consider decisions or orders made in Protective Order proceedings during the divorce…
Consent Divorce
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…
The Validity of an Islamic Divorce in Maryland
Stating three words, Talaq, Talaq, Talaq, is all that is required for a husband to divorce his wife under Islamic law. This ancient tradition is being reviewed by the Supreme Court in India in order to determine the constitutionality of this divorce practice. Other primarily Muslim countries have outlawed this…
Same Sex Marriage Licenses Issued by Maryland Clerks of Courts
On November 30, 2012 we blogged about the Attorney General’s Opinion on the issuance of same sex marriage licenses and when the clerks could issue same. It appears that the clerks have followed the guidance of his Opinion as the first licenses were issued Thursday, December 6, 2012 as reported…
Maryland Attorney General Issues Opinion on When Courts Can Issue Same-Sex Marriage Licenses
As we explained in our “How to Get Married Guide for Same Sex Couples” blog on November 8, 2012, same sex couples will be permitted to marry in Maryland as of January 1, 2013. However, couples will need to obtain a marriage license from the court prior to doing so,…
Maryland Opening Domestic Violence Visitation Center
Baltimore will soon be the home to a supervised visitation center according to CBS Baltimore’s report on November 27, 2012. The Safe Havens center will allow victims of domestic violence, sexual assault, stalking, dating violence or child abuse to have parent-child contact in the presence of a third-party supervisor. The…
Maryland Court of Special Appeals Rules Marriage Over Phone Valid
As the Washington Post reports, The Maryland Court of Special Appeals upheld the divorce of Marie-Louise Tshiani and Noel Tshiani, stating that their marriage, where Noel was only present by phone, was valid. When Ms. Tshiani filed for divorce in the Circuit Court for Montgomery County, seeking alimony and child…