Maryland Family Law

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.

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.

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  Some feel that alimony is outdated and sexist, while others note that alimony can be a lifeline for a spouse who has been out of the workforce while raising children.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. 

Social media and evidence

Make no mistake, your spouse (and his or her attorney) are exploring every possible route to gain evidence for the case.  If you are receiving modifiable alimony, you may not want to broadcast every detail of your swank new life.  A fellow blogger writes about a recent case in which the former wife blogged about her adventures on her boyfriend's sailboat in the Caribbean.  Under Connecticut law, living with a boyfriend/girlfriend justifies a change in alimony.  In Maryland, it is possible to see a similar sort of circumstances if the alimony is modifiable (it is not uncommon for the couple to agree upon non-modifiable alimony).  The court would take the various financial considerations into account.  Even though in Maryland, living together does not per se require a change in alimony, but it would be taken into account that the former wife may now have lower expenses (reduced need) based on the cohabitation. 

Lest you think this is an unusual circumstance, check out this post on the Maryland Divorce Legal Crier, describing a case in which a blogging belly dancer blew her cover. 

Divorce litigation heating up?

While I am hoping today is the last frigid day of winter here, there is evidence that divorce litigation may be increasing as the economy slowly recovers.  A report on NPR today looks into the possibility that parties were waiting for the economy to improve before filing for divorce.  This can be a useful strategy depending on how the assets might be valued.  House values, retirement accounts, and in some cases, business values have dropped since the beginning of the recession and have not yet returned to their prior levels.  That can be a real boon to the spouse who wants to buy out the other spouse.  The NPR story also mentions the availability of loans, as this is a common way the home/business buy out would happen.  Finally, not having a job impacts alimony discussions.  It will be interesting to see the effect on already-crowded court dockets.                                 

 

Job Searching For Parents

As layoffs continues and businesses scale back, more and more people are finding themselves out of a job.  Here are some tips in case you are out of work.  Consider filing to modify your support obligation, and do it soon.  Your order cannot be modified retroactively, when you are facing a contempt hearing or have a huge arrearage, it may be too late.  If you are out of work, you need to be doing everything you can to find new employment, even outside of your field.  It is also wise to keep excellent records of contacts made, resumes sent out, and interviews offered, in case the other party claims you are impoverishing yourself.  I have found that many judges are sensitive to this issue and understand the current economic difficulties that people are facing, but be ready to back up your claims.  It is stressful enough when you have a family law issue pending, being out of work makes it even more difficult.  Got any job search tips, please share below!   

"Clear error" in alimony case

The Maryland Court of Special Appeals recently issued an opinion on alimony.  Alimony is one of the toughest areas to advise clients, as there are no statutory guidelines for the amount to be awarded.  Generally, rehabilitative alimony is favored rather than indefinite alimony.  In this case, the Court found an award of indefinite alimony of $1500 per month to be clearly erroneous when the court based its reasoning on an estimated income of around $56,000 per year for the husband and $21,500 per year for the wife.  Stay tuned to see what the trial court does with this case on remand.....Another huge issue in alimony cases is determining the appropriate level of income for each party.  In this case, the husband's income was estimated based on what he had been paying for expenses, and had made much more in previous years.  There was also evidence that the wife had the potential of earning $40,000.  What do you think is a appropriate amount of alimony?   

Voluntary impoverishment....or "my spouse can make more than that!"

It is quite common for a new client to tell me that his or her spouse has hidden some income, or has purposefully taken a low-paying job to avoid paying more support.  This can be the case when the spouse is self-employed, or earns money in cash (tips for example).  Sometimes, there are allegations that the employer is in cahoots with the offending spouse and only documents some of the income.  Other times, the argument is that the spouse could take a higher paying job, such as was argued in the McGreevey case.  How do you prove this sorts of situations?  If the person is self-employed, a profit and loss statement may be needed.  Is the person using business income to pay personal expenses such as a car payment?  What are the person's regular expenses?  Does the person claim to make only $2,000 per month, yet is up to date on a hefty mortgage?   You may need to subpeona bank account statements, conduct depositions of the employer, or even hire experts to prove the true amount of income.  As the economy continues to tighten, expect more people to counter with "this is the only job I could find!"

When does alimony end?

A California man must still pay alimony to his ex-wife, who is living with another woman in a registered domestic partnership, according to this article from WTOP news.  California is similar to Maryland law, alimony is terminated upon the death of either of the spouses, or if the spouse receiving alimony is remarried.   Some states, however, terminate alimony on co-habitation, it would be interesting to see in this law would also apply to a gay couple.  Alimony can also end when a specified amount of time is up (for example, payment may be ordered for three years), or it may be "indefinite."  Unless specifically agreed otherwise, alimony can be modified or terminated based on changes in circumstances.