When you’re facing a divorce in Maryland , it’s common to have questions about the process and how it will affect your future. As soon as you make the decision to separate, retain an experienced divorce attorney who can represent your interests as you negotiate with your ex on issues like child support and alimony. As you make decisions about your divorce, keep these answers to some frequently asked questions in mind.

What kind of divorce can I get in Maryland?

In Maryland, there are both no-fault and fault-based divorce. A no-fault divorce is the easiest to obtain. To qualify for a no-fault divorce, spouses must live apart voluntarily for one year without interruption if children were born during the marriage, or if no children were born during the marriage, spouses may qualify immediately if certain other criteria is met. If you seek a fault-based divorce, your divorce attorney will need to prove a reason for the divorce, such as adultery, cruelty, deliberate desertion that has continued for 12 months or more, or a criminal conviction that includes a three-year or longer sentence. Your attorney will help you choose the right type of divorce for your situation.

What is the difference between a limited and absolute divorce?

A limited divorce is similar to a legal separation. During a limited divorce, the couple is separated but the marriage is not terminated. Issues such as child custody and alimony are often decided on a temporary basis during a limited divorce, but those determinations can then roll over to an absolute divorce. An absolute divorce is the final, legal dissolution of a marriage. Limited divorce is not appropriate for every case but can be helpful in instances in which couples have not yet met the requirements for absolute divorce but need assistance in settling their differences until they become eligible.

How are child support and alimony different?

Child support is paid specifically to meet the financial needs of the children that were conceived during the marriage. It is typically paid to the custodial parent. Alimony is spousal support and is designed to prevent one spouse from experiencing a significant decline in lifestyle or financial standing after divorce. Courts consider each case individually before ruling on child support and alimony.

Child custody agreements are one of the most difficult parts of negotiating a divorce settlement. As your family law attorney in Owings Mills can tell you, there are many decisions that have to be made, from where the child will live to who gets to see them on the holidays. Here is a look at some of the child custody issues that are part of most cases.

Non-Disparagement Clauses

In contentious divorces, parents frequently have concerns—often for good reasons—that their ex-spouse will speak badly about them to the children. Fears over this kind of damaging behavior have led to non-disparagement clauses being added to child custody agreements. These clauses can vary greatly depending on the needs of the family, but in general, they are written to ensure both parties agree to avoid saying or doing anything that could affect the relationship between the ex-spouse and the children. In some cases, non-disparagement clauses also prevent this kind of behavior towards other family members, or even towards new spouses should a future remarriage occur.

Holidays

When families split up, holidays naturally become an issue. Unless parents agree to continue to spend major holidays together, they will need to divide up this time as part of the custody agreement. Some families agree to a set schedule, while others decide to rotate major holidays. Whatever the agreement it is, it is helpful to consider these questions during the custody negotiation process rather than waiting for a holiday to approach.

Expenses

A child support agreement will be part of most custody cases, but what about expenses that go above and beyond those costs, such as summer camps, braces, and school trips? When children have a need or an opportunity that represents an additional expense, will both parents need to agree and split the costs, or can one parent make the decision and either cover the entire cost or still ask the other parent to contribute financially? Many expenses that go above and beyond basic child support will arise during co-parenting, so it is helpful to have a framework to rely on when they occur.

During a divorce, issues such as child custody and child support payments are determined with the help of your lawyer in Owings Mills . However, when a child’s eligibility for child support has ended, the parent responsible for such payments can petition to terminate the obligation for continued support under Maryland child support law.

If you wish to terminate child support, you must file a court form that states the reason why the support is no longer necessary. These reasons can include the child’s age, marital status, or even his ability to self-support without additional financial assistance. You can find out more about the process of terminating child support mandated by your divorce agreement and how your family attorney can help you if your former spouse or child dispute your request by watching this short video.

Child support law is different from state to state, although parents in every state have a legal obligation to support their children. In Maryland, divorce law establishes a set of guidelines that the court is required to apply in order to arrive at the amount of the payment. When you consult a family law attorney near Pikesville, he or she can answer any questions you may have about divorce law and child support payments.

Completing a Financial Statement

The family court requires parents to complete a financial statement , sometimes referred to as a financial affidavit. This document is helpful for organizing your income and expenses. You will be required to provide accurate information about your total monthly income, alimony you are either paying or receiving, and child support you may already be receiving. You should expect to be required to provide documentation supporting these figures, so it is important that they are accurate. The financial statement also requests information on the child’s expenses, including the monthly health insurance premium, extraordinary monthly medical expenses, school and transportation costs, and monthly child care expenses. The child care expenses must arise from work needs. In other words, you can count payments to caregivers who watch your child during your work hours. Extraordinary medical expenses are those that are not covered by insurance and total more than $100 per condition or illness.

Evaluating Imputed Income

Imputed income is income that a spouse does not actually earn, but is capable of earning. In other words, if the other parent of your child chooses not to work, but is not considered disabled, the court may apply imputed income to the child support formula. In order to do so, the court must determine that the other parent is voluntarily impoverished. Evidence of voluntary impoverishment may include the parent’s medical records, level of education, job-seeking efforts, and work history.

Adjusting the Calculated Amount

The court uses all of these factors to calculate the amount of child support that the noncustodial parent is required to pay. However, if the parents have a combined income of more than $15,000 per month, the court is not required to follow this formula. Instead, the court can evaluate the needs of the children to establish an acceptable child support obligation.

Child support is one of the many issues that will be negotiated by your divorce lawyers in Ownings Mills when you end your marriage, but the agreement only works when the responsible party pays. What happens if child support payments aren’t made after divorce? Watch this video to learn more.

Child support agreements can be enforced through a court hearing in which your child support attorney can demonstrate that the payments are missing and your ex-spouse has an opportunity to show why he or she is not making payments. Child support groups also exist in each state to enforce child support law. Consult with your divorce attorney before pursuing any action to determine the best strategy for enforcing your support agreement.

A child custody dispute can be stressful for everyone involved because it often causes extremely emotional issues to surface. Going into a dispute with a focus on what is best for the children and the assistance of a child custody attorney near Owings Mills will help you navigate the issues surrounding this complicated part of the divorce process. When you enter into a dispute over child custody, here is a look at what you can expect.

Negotiation

In some cases, parents can negotiate a child custody agreement with the help of their divorce lawyers. During this negotiation, you will figure out issues such as which of the types of child custody is appropriate for your case, where and when the children will spend time and who is able to make decisions about the children’s lives, such as their schooling and healthcare. If both parents are civil with each other, often these negotiations facilitated by child custody lawyers are easier than going to court. If negotiation doesn’t work, then your attorney will seek a court date for a judge to hear your dispute.

Case Preparation

To prepare for your court date, your lawyer will gather information from you to support your argument for the type of custody agreement you want. Courts make decisions based on what is best for the child, so you may need to demonstrate that you have a stable home that gives children easy access to their school, friends, and activities. Showing that you have been the primary caregiver in the past or that your spouse is unable to provide the children with the care they need because of his or her work schedule or personal life is also helpful. Your attorney will carefully gather evidence to support your custody request.

Court Testimony

Your lawyer will present all of the information necessary to support your case to the court. You may also be called on to answer questions and to fight back against allegations made against you by your ex. Depending on the age of your children, the judge may also consider their preferences. Typically, judges seek this information in a private meeting away from each parent to put the child at ease.