In my November 16, 2010 blog I briefly mentioned the concept of voluntary impoverishment. Maryland law describes voluntary impoverishment as freely, or an act by choice, to reduce oneself to poverty or deprive oneself of resources with the intention of avoiding child support, John O. v. Jane O. 90 Md.…
1. Well in advance of each holiday, refer to your existing Court Order, Separation Agreement, and/or Judgment of Absolute Divorce to determine what your Order and/or Agreement sets forth for each holiday. 2. Communicate to the other parent, (preferably in writing via e-mail or text), your interpretation of the existing…
With the holidays approaching many clients may be facing uncertainty or conflicts as to where their child(ren) will be spending the holiday. We always advise clients to plan holidays far in advance so a schedule can be arranged that is best for the child(ren). It is important to develop a…
I recently tried a custody matter in the Circuit Court for Baltimore County, in which I represented the father of the minor child. The father came to our office in January 2010, after he had arranged for his minor child to reside with him upon learning that the child’s mother…
On October 13, 2010 Consumer Reports.com reported that no-fault divorce has become available in all fifty states, with New York making no fault divorce part of their laws on October 12, 2010. A no-fault divorce is a divorce filing in which no fault based grounds need to be alleged, such…
It is not uncommon for clients involved in child support modification cases to ask if their news spouses’ income will be considered in the new child support calculation. For instance, Mr. and Mrs. Smith (first wife) were divorced in 2000 and at that time Mr. Smith was ordered to pay…
There are two parts to custody in the State of Maryland, legal custody and physical custody. Legal custody is the ability to make decisions regarding the child’s health, education, religion and other matters of significant importance. Legal custody can be awarded solely to one parent or jointly to both parents…
Effective October 1, 2010, in the State of Maryland a victim of domestic violence who has obtained a final protective order may terminate a residential lease without penalty. For more information on protective orders, see our August 16, 2009 blog. The tenant is given thirty days to leave the property,…
The Baltimore Sun reported on July 7, 2010 that retired Prince George’s Circuit Judge Graydon S. McKee III ordered Gayle and Craig Meyers to split custody of their dog at their limited divorce proceeding . For more information on limited divorce see our March 19, 2010 blog. In accordance with…
As stated in our June 30, 2010 blog on Facebook pages used as evidence in family law proceedings, Facebook pages and various other social networking sites such as MySpace are being used as evidence in many legal proceedings. As mentioned, the rules regarding the entry of these pages as evidence…
Third party visitation cases have become increasing difficult cases to establish ordered child access. The standard has been and remains that in order for grandparents or other third parties to be awarded visitation with a grandchild/child they must show either parental unfitness or exceptional circumstances. For more information regarding third…
The Maryland Daily Record reported on June 28, 2010 that 81% of divorce attorneys have used Facebook as a form of evidence. It is a growing phenomenon in the family law practice and it has occurred in our practice in divorce hearings, custody hearings, and protective order hearings. The statements…
As stated in our October 2, 2009 blog on alimony the Court may consider, among others, twelve different factors in deciding how much and for how long to award alimony. However, these factors provide very little guidance on how much alimony is appropriate based on income and financial figures. In…
Maryland lawmakers passed the legislation that will update the Maryland child support guidelines for the first time in over twenty years on Monday. The new adjusted guidelines will go into effect October 1, 2010 and will only apply to new child support cases (i.e. establishments) or motions to modify child…
The pending bill to update the Maryland Child Support Guidelines passed in the Maryland House of Representatives this past Saturday, March 27, 2010 with a vote of 114 in favor and 25 votes against. However, the House did make a few changes to the bill, which will have to be…