Maryland Family Law

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.   

A modern trend away from alimony?

The Wall Street Journal Law Blog posted about efforts in Massachusetts to limit alimony.  Some feel that alimony is outdated and sexist, while others note that alimony can be a lifeline for a spouse who has been out of the workforce while raising children.  And certainly, no one LIKES paying alimony.

In Maryland, there are several factors a judge must consider in awarding alimony (or not making an award).  These factors tend to unofficially weight towards the economic factors, with less emphasis on fault.  Also, some other jurisdictions and associations do have guidelines, which Maryland judges can consider in making alimony determinations.  Curious about other state's practices?  The American Bar Association has published this chart for comparison.