Maryland Family Law

Back to School

If you have school-age children, you know there's a lot of time and effort in getting ready for back to school. It's difficult enough when you have a good relationship with your co-parent, but if you are separated, you may find all of the tasks and expense falling to you. If you are receiving child support, things like clothing, shoes and incidentals are generally considered to be included. In a shared custody situation, theoretically both parents are taking on some of these expenses. I have also helped parents negotiate back to school and extracurricular expenses, perhaps as a flat amount or based on income percentages. Another reason to try to work out an agreement with your spouse: you can better make plans which work for your children!

Why Mediation?

You may have seen the news that Mark Sanford and his wife are attending mediation to help resolve their marital issues. Why choose mediation? For many couples, it can be a more humane, empowering and lower cost way to resolve their differences. That is not to say that mediation is cheap, particularly since it can take multiple sessions, but is far less expensive than a fully-litigated divorce and custody matter.  

Mediators have different styles; some will make suggestions for your situation, and others are more passive, allowing the spouses to drive the mediation at their own pace. Some mediators prefer for attorneys to attend and some do not. Also be aware that there are not specific educational or certificate requirements to be a "mediator." You may need a mediator with a strong understanding in tax issues, or business interests. As you speak with various mediators, you may want to ask or read their bio to ascertain person's qualifications.

It is also possible to work with an attorney while you are mediating, and you may want your attorney to attend mediation with you for some or all sessions. Your attorney can also assist you in selecting a mediator that will fit your goals. If you reach an agreement in mediation, you will definitely want to discuss it with an attorney before signing.

Gender bias in the family courts?

An article in Slate examined the issue of gender bias in the court system. The article mentions two recent high profile cases, Bode Miller and Jason Patric and their cases seeking parental rights/custody. The article disputes the possibility of gender bias, noting the rise of joint custody in many states. However, the article did note that finances are a huge factor in a "fair" outcome, and that higher income parents are more likely to have joint custody. In Maryland, there is no presumption of joint custody or a presumption in favor of either parents. Custody is determined by a non-exclusive list of factors, the most heavily weighed of those being "any agreements" between the parties, and what the custodial arrangements have been during the parties separation.

Related articles

Dad's Day in Court

Gender bias in child custody dispute affect same-sex parents:

Study: Courts show bias against gay parents in custody disputes:

Child support for adults

Are adult children entitled to support? The answer may surprise you. In many states, including Maryland, there are situations where a parent may have to pay support for a child 18 years or older. For example, if a child is under 19 and still in high school, child support will continue either until the child graduates or until the child turns 19. However, an adult destitute child may still be entitled to support. This most commonly occurs when the child has a mental or physical disability when prevents the child from being fully self-supporting. Additionally, some states have laws requiring adult children to pay for nursing home care for their parents, giving new meaning to the term "the ties that bind."

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.   

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.

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.   

Calculating the costs of raising a child

You may already know that the child support guidelines provide a formula which produces the presumptively correct amount for child support.  There are only a few variables in the formula:  the income of each parent, the amount of alimony or previous child support paid, the amount of work-related child care, the amount of health insurance premiums for the children and the amount of extraordinary medical expenses. 

Based on the number of children and the combined incomes of the party, there is a presumptive amount of support that those parents would need to spend in total to support the child.  Where does this number come from?  It is based on research on what families spend at particular income levels (although usually somewhat outdated).  The USDA recently released its annual report on the cost of raising a child.  The report found that a child born in 2010 will "cost" nearly $227,000 until the age of maturity, excluding the costs of college education.  This amount is an average, with lower income families necessarily spending less and higher income families spending much more. 

A full version of the report can be found at the USDA's website for its Center for Nutrition Policy and Promotion. 

Representation in civil contempt

Many people are aware that criminal defendants of low means can have representation through the public defender's office.  The same right is typically not afforded in civil cases, unless one can convince Legal Aid or a private attorney to take the case. 

Civil contempt cases blend these two concepts.  In civil contempt, one can be imprisoned, although not convicted of a crime.  The goal is not punishment, but coercing cooperation with the court.  The most typical example is when a parent is incarcerated for failure to pay child support.  Should those individuals be afforded the right to counsel?  This week, the Supreme Court has answered, "Not necessarily."  In Turner v. Rogers, Mr. Turner was incarcerated for 12 months for failure to pay child support.  Neither he nor the custodial parent was represented by an attorney. 

In Maryland, a show cause order is entered giving the delinquent parent notice of the hearing, and if incarceration is requested, notice is given of the right to a public defender.  However, if the parent doesn't contact the public defender in a timely matter, he/she may be out of luck.  I have seen judges order jail time where the non-paying parent did not have an attorney, as long as the judge was convinced the parent could have obtained counsel. 

New child support guidelines

On October 1, 2010, the new child support guidelines went into effect.  For the most part, the guidelines amount has increased.  Note that the increase is not automatic....if you have a current child support order, the amount in that order will not change unless is modified by a court.  To modify an order, you must be able to prove there has been a material change in circumstances OTHER THAN the new law.