One of the most contentious aspects of divorce law is child custody. It’s common for parents to have trouble working together, long after a judge hands down a ruling on the type of child custody they will have. Since future conflicts are almost inevitable, it’s best to take a proactive approach. Parents can be proactive about handling child custody problems by becoming knowledgeable about child custody laws in Owings Mills, and by keeping the phone number for their family lawyers close at hand.
Denied visitation is one of the most common—and most serious—child custody issues. Custodial parents sometimes deny visitation if the other parent is late with child support or alimony. Perhaps less commonly, parents with visitation rights may decide to purposely withhold child support or alimony in an attempt to barter more visitation time with the child. Neither situation is legally allowed, nor is it healthy for the child. It’s important to remember that, legally speaking, child support and alimony are completely separate issues from custody and visitation. If the other parent has refused to transfer the child for your court-ordered visitation, you should document the problem, call your family law lawyer, and perhaps file a petition with the court requesting that your visitation rights be enforced.
Child Transfer Tardiness
For busy parents, running a few minutes late now and then is to be expected. But when a parent consistently runs late when he or she is supposed to pick up a child for visitation, this may have harmful psychological effects on the child. Sometimes, the best course of action for this problem is to simply chat with the other parent about the schedule. Avoid being argumentative or confrontational, but do point out the effect the tardiness has on the child. Perhaps the two of you could make a few simple scheduling changes to avoid this problem in the future.
Legal Custody Disagreement
Joint legal custody means that both parents have a say in the major decisions for a child’s upbringing, such as the child’s education, healthcare, and religion. It isn’t always easy for parents to come to a consensus on these issues, but it’s important to maintain civility in your conversations. Perhaps there’s an underlying reason why the other parent constantly challenges your suggestions. The other parent may feel that he or she doesn’t get enough time with the child, for instance. In this situation, professional mediation can help.
Divorce typically has substantial effects on personal finances. Not only will the spouses have to adjust to living on a single income, but they won’t have access to the same financial assets as before. The division of property is subject to Maryland divorce laws and factors that are unique to each individual case. For accurate legal guidance, it’s advisable to consult a divorce attorney serving Owings Mills .
What is marital property?
It’s a common misconception that marital property refers solely to property that is jointly owned by both spouses. In fact, marital property includes almost any property that was acquired during the marriage. This applies regardless of which spouse purchased the property or earned the wages. Marital property includes vehicles, furniture, artwork, real estate, stocks and bonds, bank accounts, and retirement accounts. There are a few exceptions to this rule. If one spouse receives an inheritance or property as a gift, it’s considered non-marital property. Property is also excluded if there is a valid, legal agreement that excludes it.
Is marital property divided 50/50?
Another common myth about property division in a divorce is that each spouse receives half of the marital assets. Maryland is an equitable distribution state, rather than a community property state. In an equitable distribution state, the court issues rulings on property division based on what would be fair for both parties. A fair result isn’t necessarily an equal distribution.
Can property be both marital and non-marital?
In certain cases, it’s possible for property to be marital and non-marital. One person might purchase a condo before the marriage, which would make the condo non-marital property. However, if marital assets are then used to pay the mortgage, the condo becomes partially marital and non-marital property.
Does the length of the marriage factor into property division?
The length of the marriage does not necessarily have a significant impact on property division, unless the marriage was short-lived. Short-term marriages do not generally give the spouses enough time to accrue significant marital property. In these situations, the goal of the court is generally to restore both individuals to their pre-marital financial situations. The spouses can expect to keep the property they each brought to the marriage, and fairly divide any assets acquired during the marriage.
Regardless of the type of child custody arrangement you have, it may be possible to get a child support order modified. Talk to a lawyer in Owings Mills who is knowledgeable about divorce law. Your family law lawyer may be able to file a petition to request a modified court order if you can demonstrate that you have experienced significant financial changes that affect your ability to pay the current support order. For instance, you may have suffered job loss or hour reductions. Or, you may have recently become responsible for paying child support for a different child.
As you’ll learn by watching this featured video, it may also be possible to request a modification of child support based on changes in the financial circumstances of the other parent. If the custodial parent has recently secured a higher paying job or has received a large inheritance, it may be possible to reduce the support obligations.
During a divorce, separating property and assets can be a daunting process. Ideally, a divorce lawyer in Maryland can represent your interests during this negotiation process to ensure that your rights are being protected. If you and your ex cannot agree on how to divide the property, the court may make a determination that equitable distribution should occur.
Equitable distribution means dividing all of the marital assets in a fair manner. This standard does not mean that property is divided up equally but rather that is it shared between the two parties in a way that is deemed equitable based on factors such as the duration of the marriage, the financial and nonfinancial contributions made to the family by each party during the marriage, and each party’s current financial situation. Because equitable distribution is extremely complex, having a divorce attorney at your side is essential. Your attorney can accurately represent your claim to marital property during a divorce so that you get your fair share of the assets. He or she may also help with property division negotiations before you go to court, so that you and your ex can attempt to settle the dispute without legal intervention.
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