
Recent Blog Posts
How courts analyze parenting plans
If you’re a parent going through a separation or divorce in Maryland, you may benefit from learning more about how courts analyze parenting plans. Courts in Maryland require parties to submit their parenting plan any time custody of a minor is involved in a case. At the first hearing, the parties receive parenting planning documents that include instructions and a form for creating a plan. These plans are not required in Child in Need of Assistance cases.
Parenting plans for minors
Parenting plans are required when a party is asking for custody or to modify an existing custody order. The plan is a written document outlining how the parties will raise the minor. A party is anyone petitioning the court to establish or maintain a parent-child relationship with the minor. This would include legal guardians, de facto parents, biological relatives, and adoptive parents. If the parties cannot agree on a parenting plan, they are required to submit a joint statement.
How to make 50-50 custody work
Some Maryland parents who are divorcing will opt for an arrangement in which they split custody time right down the middle. While this presents obvious challenges, this schedule can also be the most beneficial for the children. It is possible to make evenly split custody work well.
Try to stay on the same page
When parents split physical custody, it is more important than ever that they remain on the same page. They will need to communicate more than other parents since vital issues relating to the kids will arise. Communication is the key because the parents will share more responsibility. They can use technology to make sure that things are in writing to minimize the risk of miscommunication.
Plan for contingencies
Parents will also need backup plans. Things come up in life, and sometimes one parent cannot be with the child during their time. For example, the other parent may need to pick the child up from school. The parents will need to have their plan in place ahead of time to reduce the risk of friction. In other words, they should build flexibility into the custody agreement to account or contingencies.
What are the most common reasons behind a gray divorce?
Some couples in the Rockville, Maryland, area may find themselves at odds to the point where they choose to divorce. Those who have been married for many years and are older will go through what’s known as gray divorce. If you are in this situation, you might want to know the common reasons behind these splits.
What is a gray divorce?
A gray divorce is a divorce between married couples who are over the age of 50. The term "gray divorce" first arose in 2004 after the AARP did a study it later published about more and more middle-aged and older people getting divorces. The study even led to researchers projecting that by 2030, there will be an even greater number of people over 50 and even over 65 ending their marriages.
Why is gray divorce happening more often?
There are many reasons why gray divorces are occurring more often. People’s viewpoints on various issues have changed throughout the years. There was more of a focus on self-fulfillment and happiness in the 1960s and 70s, eventually leading to divorce becoming more acceptable. Women also became more independent in many ways, including financially.
How does divorce affect retirement savings in Maryland?
The vital importance of retirement accounts is difficult to overstate. When someone reaches their senior years, life savings help sustain their retirement. Regardless of "golden years planning," retirement accounts may face division when spouses divorce. Individuals who contribute to retirement savings might worry about those savings being depleted when divorce proceedings end. Hopefully, the divorce settlement leads to an equitable outcome for both spouses.
Actions for retirement savings during divorce proceedings
Retirement savings, such as those in individual retirement accounts or 401(k) savings plans, follow a different division process during divorce than bank or brokerage accounts. An IRA undergoes division through a transfer incident to divorce while a 401(k) divides through a qualified domestic relations order, or QDRO.
A spouse might look at all assets that contribute to their net worth as retirement savings. However, planning to sell a second home and invest the funds as part of retirement planning doesn’t make the property a retirement plan item under the law. The divorce court could order the division of the home and a 50/50 split of the proceeds.
GUARDIANSHIP CASES: LESSONS LEARNED FROM THE BRITNEY SPEARS GUARDIANSHIP/CONSERVATORSHIP CASE
If you are like many of us, you have been following the Guardianship case involving the famous singer, Britney Spears, in California. Essentially, Britney’s father petitioned the Court to act as her conservator, citing mental health and other issues plaguing the singer. Now, the singer is seeking that the Guardianship be ended and that her father, the conservator, be removed as her Guardian. How is this relevant in Maryland?
Guardianship in Maryland: The Basics
Guardianship entails a court designating a person to manage a minor child’s or an individual with a disability’s personal affairs (non-financial decisions), financial affairs, or both. There are two types of Guardianships in Maryland: that of the person and that of the property. The court may also appoint one person to manage the individual’s personal affairs and another person to manage their financial affairs. Furthermore, two people may serve as co-guardians and share responsibilities.
EXAMPLE GUARDIANSHIP CASES:
CUSTODY BY NON-PARENTS: GRANDPARENTS’ CUSTODY, THIRD PARTY CUSTODY
Who/What is a Third Party?
Under Maryland law, if someone other than a parent seeks custody of a child (ie a grandparent) that person is considered a third party. A third party is someone who is not the child’s biological parent or adoptive parent. A third party may be related by parents’ marriage or blood (other than biological parent), or may be entirely unrelated to the child. Legally, they are strangers to the child (unless certain conditions are met, which this series explores).
Case Law Concerning Third Party Custody:
In 2000, the U.S. Supreme Court issued its Troxel v. Granville, 530 U.S. 57 (2000) opinion on grandparent visitation rights. In result, third party custody and visitation rights could no longer be evaluated based solely upon the best interests of the child. Troxel calls for sufficient protection of a parent’s Constitutional right of care, custody, and control of their children. After Troxel and before 2016, Maryland’s third party custody law backtracked and, frankly, suffered.
Concealed assets and divorce
People who are going through divorce usually have a lot of property, funds, and assets to divide, including their marital home, bank accounts, and retirement funds. However, there are also hidden assets or assets that divorcing couples may not think about often. If you live in Maryland and are considering divorce, here are some assets you may need to consider when getting divorced.
Restricted stock units
If you or your spouse have a corporate job, you could have restricted stock. This stock is considered part of your income stream and is classified as deferred compensation, but it’s different from receiving an annual bonus. Corporations often revise the terms of restricted stock units, but payments from the stock are usually based on performance or the length of time an employee works for the company.
If you’re not the executive-level spouse, it is important to account for if many of your spouse’s restricted stock earnings were accumulated during your marriage, which means you are entitled to some of the funds once you divorce. Usually, restricted stock is non-transferrable, but other marital property can be divided in a way that will account for restricted stock assets.
How substance abuse allegations affect child custody
Going through a divorce in Maryland with children involved is often stressful. Unfortunately, knowing that your former spouse is dealing with a substance abuse problem only complicates matters. As a parent, you want what’s best for your children. With that in mind, here’s more information about how courts handle substance abuse issues during a divorce.
Getting the courts involved in substance abuse situations
It’s understandable to wonder when courts begin investigating allegations of substance abuse. In most cases, a court will respond to these allegations during child custody hearings. Courts can also get involved in these matters after receiving reports from other organizations like the Department of Child Protective Services. The next step is for an investigation to begin that determines if substance abuse affects a parent’s ability to raise their child.
How does substance abuse affect a child’s time with their parent?
After the court launches an investigation into allegations of substance abuse, it will act in the best interests and safety of a child. In some cases, the court will restrict a parent’s time with their children until they resolve their substance abuse problem. It’s also possible for the courts to have another party supervise visits between a child and the parent dealing with substance abuse issues. These visits may continue until a parent can prove to the court that they’re no longer abusing any substances.
Does remarriage affect child support?
In Maryland, the court determines the amount you pay for child support. Under this law, both parents’ role is to cater to your child’s financial needs depending on your income. While most parents are aware that their income determines child support, some are unaware that remarriage or the new spouse’s income can affect the amount you pay for child support.
Remarriage and child support
Once you remarry, your obligations to your child won’t change since the biological parents of a child have the duty of meeting their needs. However, if you experience a change in your finances, you can ask the court to modify your child support arrangement. Some custodial parents opt to quit work once they remarry. In such a situation, the court may decide to classify the income of the non-working parent as potential income. In other cases, the court might also reduce the obligations of the non-custodial parents. However, the non-custodial parent must meet all their child support obligations until the court makes new support.
How to prepare for a divorce
If you’re planning on leaving your spouse, it’s generally a good idea to have a plan in place prior to serving the divorce papers. For example, you may want to speak with a Maryland divorce attorney to learn more about what you might receive in a final settlement.
Gather financial documents
One of the most important steps in the divorce process is gathering documents such as bank statements, credit card statements and income tax returns. These documents may help you determine how much your household is worth, which may make it easier to determine if a settlement offer is worth accepting. Furthermore, financial records may be used to bolster your claim to alimony payments, child support payments or other forms of assistance.
Create a budget
During the divorce process itself, you may be allowed to remain in the family home. However, after the marriage officially comes to an end, you may be required to find a new place to live, and it may be necessary to make a rent or mortgage payment by yourself. Furthermore, you’ll likely need to buy your own food, purchase a vehicle or acquire health insurance in your own name. Knowing how much it will cost to live on your own may help you determine if you can afford to retire, save for retirement or meet other financial goals. If you believe that your marriage is coming to an end, it may be a good idea to consult with an attorney who may be able to help you obtain alimony, child support payments or a significant share of marital assets.