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Recent Blog Posts
Is nesting in your child’s best interest?
Nesting may be an ideal solution to sharing custody of your child after a divorce. This is because it allows your child to remain in the same Maryland house that he or she is already familiar with. However, there are several variables that you need to consider before deciding if this is something that is right for yourself, your child and your child’s other parent.
How nesting differs from other parenting plans
Those who choose to pursue the nesting strategy will spend part of their time in the family home and part of their time in a separate home or apartment. For instance, you may spend weekdays at home with your child while spending weekends in an apartment across town. While you are away, your child’s other parent will live in the family home. Your child gets to live at the same address regardless of who is there to offer supervision.
How to react when your spouse wants a divorce
Many individuals don’t know what they should do or how to proceed when their spouse requests a divorce. There’s no definitive roadmap, and navigating these uncharted waters is all the more challenging when it comes as a surprise. Here are the best strategies to take when your spouse tells you they want to file for divorce in Maryland.
Prioritize the kids
First and foremost, if children are involved in the marriage, your responsibility as a parent is to protect their interests. Divorce can be emotionally taxing for children, possibly leading to long-term mental health issues.
The sad reality is that resolving child custody issues can become an issue, especially when the divorce is acrimonious. You don’t want to gamble with your children’s physical and emotional well-being.
Knowing how to act appropriately can limit the damage that a divorce can cause and protect your children. Seek counseling if necessary for both you and the kids.
What you need to know about child support in Maryland
After a divorce between married parents, child support must be established. In Maryland, just as in other states, the child has a right to receive support from both parents. Here is what you should know about child support and how it’s determined.
What are the child support laws in Maryland?
Child support is determined through what’s in the best interests of the child. Per Maryland laws, both parents pay a specific portion of their gross income toward supporting their child. There are special guidelines that state how much each parent must pay.
Each parent pays child support toward their child until the child reaches their 18th birthday or after they have graduated from high school, whichever happens later. Support can continue up until the child turns 19. It can also be stopped if the child becomes emancipated before their 18th birthday.
How is child support determined in Maryland?
Maryland follows the income shares guidelines for determining child support. The specific amount that each parent must pay is calculated through a formula. That formula involves the combined incomes of both parents and the number of children they share. Then, a percentage of the total amount that each parent must pay toward each child is determined based on each party’s respective income. Even if one of the parents is unemployed, they are still required to pay their child.
How does the divorce process work in Maryland?
When a marriage begins to fail, one or both spouses might consider a divorce. This often involves going through a deliberate process in a Maryland family court. Some may only possess a general idea about what is involved, and it might be beneficial to learn about the steps required. For some, a divorce could be long and complicated, requiring a court battle. Others might find the process moves quickly and they reach an agreeable settlement.
Exploring the divorce process
The first step in the process involves filing the divorce petition paperwork. Spouses should be aware that they must meet residency requirements on both the state and county level. Even when both spouses agree to the divorce and its terms, the process takes time. Many divorces do not receive a final decree until several months after filing the petition.
Since the couple might cease living together during the divorce process, they may ask the court for a temporary order before everything finalizes. Often, a spouse may suffer financial hardships when a partner leaves the household. So, a request for temporary spousal or child support may be necessary. Any support ordered by the court might alleviate some burdens.
How can I change a child support order?
If you are struggling to make ends meet in Maryland with your current child support agreement, you’re probably considering asking for a modification. Conversely, if you are the person making the support payments, you may want to petition for a change if you have a job loss. Before you do so, make sure that you or your former spouse understand the process for asking for changes in the support agreement.
When to request child support modification
Most of the time, a family court will only consider a child support modification will only consider a change to an agreement when there is a significant change in the payor’s income or the child’s need. Parents who owe child support may consider a reduction in their payments if they suffer a job loss or a significant decrease in salary.
When receiving support payments, you may be eligible to request a modification and receive more if educational costs or medical expenses have increased considerably.
Note that the state of Maryland has specific rules for requesting a change in child support payments. The courts advise that you petition for child support modification in writing. You also have the right to ask the court to review your agreement once every three years.
Hidden assets in a divorce
Mutual trust is often what makes two people decide to marry. Mistrust, however, is the cause of divorces and results in hidden assets in some cases. In Maryland, both spouses need to prepare before divorce if they want equitability later on. Before even discussing divorce with your spouse, it often helps to first tally up the assets you know he or she owns. The following examples are of asset types and common ways to uncover them. Such assets, without research, may be hidden in a divorce.
Placing money into unknown accounts
Though you’re married, you have the right to open bank accounts without your spouse knowing or his or her permission. These accounts are effective because no one knows where they are or what’s in them. Secret accounts are often used to hide credit cards. Through various accounts, your spouse can overpay taxes or transfer money into a safe deposit box.
Getting access to your spouse’s financial records
To do your research before a divorce, investigate your spouse’s financial filings for assets. If you’re not convinced regarding the divorce, your examination of your spouse’s finances should remain discreet. You don’t have to make any notion of your intent, especially, when you file joint taxes. In order to reveal hidden assets, you should ask your spouse about:
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.
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Se Habla Español 301-560-2685
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6110 Executive Blvd, Suite 1050, Rockville, MD 20852
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