Maryland Family Law

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.

Is there a dress code for court?

Hometown Annapolis recently posted an article about the various fashion choices made by witnesses and litigants in court.  I try to advise my clients to dress conservatively, this is not the time for short skirts, low cut tops or ripped jeans.  Still, I've had a client come to an adoption hearing (as the person seeking to adopt the child!) with a risque design on his hoodie.  So it is a never-ending struggle it seems. 

What is the most interesting ensemble you've seen in court?

More interesting data from the Census http://www.cnn.com/2011/LIVING/08/25/divorce.bible.belt/index.html

Don't take your kids to court!

I just heard about this story from Detroit last week...apparently during a custody hearing over an infant, a fight broke out among the litigants.  The security guard, who was caring for the infant in question during the hearing, lost track of the child as he attempted to intervene in the brawl.  According to the news item, the child has not been recovered. 

Another bizarre twist the story is that the father (who had killed the mother) was awarded custody of the child.   

This story raises more questions than it answers....why was the child in court?  What were the circumstances of the father killing the mother?  Was the fight staged?  Where is the child now?  Sometimes truth IS stranger than fiction.

Which jurisdiction to file?

I receive many calls and emails each week from people wondering where their case should be filed.  Sometimes, more than one jurisdiction is possible.  Invariably, the client underestimates the amount of information I need to decide where a case can be brought.  Sometimes strategy becomes part of the equation as well, i.e., is there a preferable jurisdiction for the case?  While this can be a complicated issue, the D.C. Court system has created a flash program to help people make these decisions. 

If your case may have interstate or international issues, however, I urge you to at least consult with an attorney in one of the jurisdictions.  Filing in the wrong location can be a huge waste of time and money!

Are you a sports fan and have child support arrears?

If so, you may want to be wary if you receive a notice in the mail advising you that you have won tickets to a major sporting event.  A sheriff's office in Alabama recently concocted a sting to collect past due child support, by sending letter to the obligors that they had won tickets to the Alabama-Auburn football game.  When the obligor parent came to collect the winning tickets, instead the parent was arrested and given the opportunity to make a payment.