Maryland Family Law

Custody Basics

Either parent may seek custody of the children, there is not automatic preference for the children to reside with the mother or the father.  The Court may award residential custody (which may be primary or shared) and also legal custody (which may be sole, joint, or a hybrid).  Legal custody refers to the right to make major decisions regarding the health, education, religious upbringing and general welfare of a child.  Occasionally, a non-parent, such as a grandparent, may be able to gain custody of a child, if there are exceptional circumstances present.

Child support is based on the Maryland Child Support Guidelines, and is dependent on the incomes of the parties, certain child related expenses and the amount of time the children spend with each parent.

The spy who loved me

What happens when a spy gets divorced?  It's a question that comes up from time to time in the D.C. metro area.  The Washington Post wrote an article about a recent Virginia divorce, although the parties' names were not disclosed.  According to the article, the CIA does not keep statistics on spy divorces, but some employees note that it is a very high rate.

Child support for child conceived after separation

Cnn.com reported about a case in Massachusetts in which a father is held responsible for children conceived through in vitro fertilization after the couple separated.  At first blush, the result seemed unfair to the father.  According to the article however, the man consented the fertilization, and the article implies that that the parties are still married.  That being the case, I expect this couple would have seen a similar result under Maryland law as well. 

The husband claimed he only consented to the fertilization "under duress" which the court did not accept.  Again, probably a similar result in Maryland, as it can be quite difficult to prove duress.  In the law, duress does not generally mean that the party simply didn't like the agreement or or thought they could have received a better deal.   

More adventures in wiretapping

From Lowering the Bar, a Pennsylvania man is charged in connection with a listening device he place under his wife's bed.  His excuse was that he wanted to know if his wife was having sex with her boyfriend, so he would now when he could return.  Not surprisingly, the excuse was no good. 

If you follow legal news, you will know that this sort of thing happens fairly frequently.  We have cheap and easy technology to spy on people in various ways......that doesn't mean it legal or advisable to do so!  Finally, I will reluctantly admit that I hail from the same county as this unfortunate man.  Here's hoping my countrymen will be a bit wiser in the future.

Exploring the theories of alimony

The State of Massachusetts is considering reform regarding its alimony.  From what I've seen, jurisdictions which have alimony guidelines tend to be on the lower side, and often much lower than the guidelines of the American Academy of Matrimonial Lawyers.  In Maryland, we do not have a formula for guidelines, but rather a list of factors that is considered in setting an alimony amount and duration. 

For an article in favor of alimony reform, click here.

For an article against alimony reform, click here.

What can you learn from celebrity custody drama?

Tmz.com reported about a custody battle brewing between Pittsburgh Steeler Antonio Brown and the mother of his son, who claims he is keeping the child without her permission.  Antonion Brown disputes the claim, saying the child has been living with him for some time with the permission of the mother. 

While not everyone has a child with Antonio Brown (or so is my hope), there is lot that one can take from this scenario.  Lots of couples end up making verbal arrangements for their children's schedules.  This can work out well at times, and other times, it can lead to huge disagreements about what the arrangement was exactly.  You do not want to find yourself at a hearing trying to explain to a judge or master what you thought the arrangement was. 

Money for college

It's fairly common for one of the issues up for debate to be the payment of college expenses.  Maryland, unlike some other states, does not independently require parents to pay for college expenses.  It is not unusual for the parties to include college expenses in their separation agreement, however.  They may agree, for example to pay the educational expenses in proportion to their incomes, or equally.  They may also want to have some limitation on the amount to be expended (this is particularly advisable when their children are young, and college costs are uncertain.)  For example, they may agree that they will pay a maximum of in-state tuition at University of Maryland, or even have a limit such as up to $10,000 per year. 

In any event, planning for college expenses is key.  Working with a financial advisor can help you to determine what amount you should be saving and can be useful in helping you to evaluate if your goals are feasible.  There are many options today for college savings, such as EE bonds, Coverdell and 529 accounts, investment-grade insurance, etc.

Saving is important, but college is getting much more expensive every year.  In addition to your savings, you may want to consider scholarships and grants.  There are many different types of grants out there.  For more information, check out  http://www.schoolgrantsblog.com/grants-for-single-mothers/.    

New ground for divorce starts today

If you've been following the news, you may remember that October 1, the majority of the new laws in Maryland took effect.  Today being the first day courts are open after the change, you can now file for divorce based on a one year separation, ie, without the necessity of proving that the separation was voluntary.  As a pratical matter, this isn't a gound-breaking change in the law.  You still need to be actually separated (tight budgets and child-related disputes make this difficult).  Another practical limitation is that you still need to either work out the issues like finances, property and custody OR additionally wait for the litigation process to conclude, which can take many months more.  Still, given other legislation proposed this past term, it could be we are making small steps towards being more of a true "no-fault" divorce state. 

Would you hire a robot for your divorce?

This week, Slate has published a series about jobs that could be replaced by robots in the near future.  Clearly, this is a trend that has happened over decades, particularly in the manufacturing sector.  Now the trend may be encroaching more on professional and service-based occupations. 

Today's installment explored the possibility of legal services becoming more automated.  Robots are now being designed to have complicated processing abilities more similar to a human brain, and some are able to decipher and produce natural language.  For example, it was fascinating to watch Watson, IBM's robot battle Jeopardy! legends Ken Jennings and Brad Rutter. 

Also, increasing technology has been utilized in law firms, as in every other field.  It is possible to scan documents, use software to search terms, and to work from previously stored drafts.  Lawyers who have not embraced technology are not as competitive in the marketplace.  The bigger question is whether these technologies will lead to more price competition among attorneys.  It may be the attorneys will need to focus more on providing value to clients through advice and counsel, to distinguish themselves from being seen as simply document preparers. 

Modification of child support and alimony...available for former Ravens as well?

If you have experienced a material change in financial circumstances, you may be able to modify your alimony or child support obligation.  For example, if you have a job loss, or if your child has reached the age of majority, are common reasons that the court will modify support obligations.   

For an example of an extreme change in circumstances, you may want to note the case of Chris McAlister. Mr. McAlister, who formerly played in the NFL for the Baltimore Ravens, has gone from a $55 million dollar contract to being broke and living in his parent's basement. 

Hat tip to the Steelers fan who brought this to my attention.