Child Support

Child support obligations are determined in Maryland by guidelines put in place by the Maryland divorce laws. Such child support is expected to be divided between the parents in proportion to their adjusted actual incomes. If one or both parents have made a request for alimony or maintenance in the proceeding in which a child support award is sought, the court will decide the issue and amount of alimony or maintenance before determining the child support obligation. In the event that the court awards alimony or maintenance, the amount of alimony or maintenance will be considered actual income for the recipient of the alimony or maintenance and will be subtracted from the income of the payer of the alimony or maintenance before the court determines the amount of a child support award.

Should a parent be voluntarily unemployed or under-employed, child support can be imputed (assumed and assigned).

Child care expenses incurred on behalf of a child due to employment or job search of either

parent shall be added to the basic obligation and shall be divided between the parents in proportion to their adjusted actual incomes.

Except in cases of shared physical custody, each parent's child support obligation shall be determined by adding each parent's respective share of the basic child support obligation, work-related child care expenses, extraordinary medical expenses, and additional expenses. The court expects that the custodial parent will spend that parent's total child support obligation directly on the child or children.

Maryland divorce laws provide that in cases where a marriage annulment or marital annulment is sought, and there are children of the marriage, that those children be afforded the same rights, protections and parental financial support, including that the children are not considered illegitimate offspring of the parents, that other children of the state receive.

If a marriage separation (sometimes referred to as a marital separation or legal separation) has been decreed, the court may make such further orders for the support

and maintenance of either spouse and for the support, maintenance, and education of minor children, by either spouse, or out of the property of either spouse, as the court deemed appropriate.

• Maryland Office of Dispute Resolution
• Maryland Child Support Calculator
• Maryland Coalition Against Domestic Violence
• Maryland State Bar Association
• Maryland Low Income Self Help
• Maryland Bureau of Child Support Enforcement
• Maryland Family Laws
• State Fact Sheets for Grandparents and Other Relatives Raising Children

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Child Custody

Maryland divorce laws prevail in child custody disputes. In such cases of child custody in Maryland, divorce laws dictate that a parent is the sole natural guardian of the minor child if the other parent: dies; abandons the family; or is

incapable of acting as a parent. The parents of a minor child are jointly and severally responsible for the child's support, care, nurture, welfare, and education, and have the same powers and duties in relation to the child. If the parents live apart, a court may award custody of a minor child to either

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parent or joint custody to both parents. Neither parent is presumed to have any right to custody that is superior to the right of the other parent. A child who is 16 years old or older and who is subject to a child custody custody order or decree may file a petition to change child custody.

Visitation/Co-Parenting

Maryland divorce laws allow you and your partner the opportunity to fashion a parenting agreement and visitation schedule. If you and your spouse can agree on a parenting schedule, leave nothing to interpretation. Be as specific as you can including the right language in your agreement. How is the decreed custody defined? What are the rights and responsibilities? Who has legal custody? Which holiday does the child spend with you? What time and where may the other parent

pick the child up? What time should the child be returned home? What is the procedure to follow if either of you are running late and won't be there on time? How much notice should you be given if they are planning a vacation? How far away may the other spouse move? What about future partners? Should those partners stay overnight in front of the children? If you are unable to reach agreement, the court will impose a standard set of times that may include: alternate weekend visitation (3-day weekends included), mid-week visitation, sharing of the children during periods of school recess -winter, spring and summer, New Year's Eve, Easter, Rosh

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Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years, Father's Day with Father, Mother's Day with Mother, alternate years on the children's birthdays, and open communication by phone and computer

Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything. You set the course; your lawyer navigates. If you anticipate any problems with custody or visitation, we suggest you own Child Custody Strategies.

Alimony/ Maintenance/ Spousal Support

Alimony (also known as spousal support or maintenance) may be awarded to either party by the court if there is a request for alimony, or as part of a decree that grants: 1. an annulment; 2. a limited divorce; or 3. an absolute divorce. Such awards can be for specific periods of time, or permanent. Factors that lend themselves to a fair and equitable award can be: the ability of the party seeking alimony to be wholly or partly self-supporting; the time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment; the standard of living that the parties established during their marriage; the duration of the marriage; the contributions, monetary and non

monetary, of each party to the well-being of the family; the circumstances that contributed to the estrangement of the parties; the age of each party; the physical and mental condition of each party; the ability of the party from whom alimony is sought to meet that party's needs while meeting the needs of the party seeking alimony; any agreement between the parties; the financial needs and financial resources of each party, including:all income and assets, including property that does not produce income; any award made under §§ 8-205 and 8-208 of this article; the nature and amount of the financial obligations of each party; and the right of each party to receive retirement benefits; and Alimony can be awarded for an indefinite period if the court finds that: due to age, illness, infirmity, or disability, the party seeking alimony cannot reasonably be expected to make substantial

progress toward becoming self-supporting; or even after the party seeking alimony will have made as much progress toward becoming self-supporting as can reasonably be expected, the respective standards of living of the parties will be unconscionably disparate

You may realize that we all need some help processing all this angst. The help can come in the form of friends, relatives or professionals. If you're not inclined to approach family or friends, and unwilling to pay for professional counseling, the next best step would be educating yourself, through reading. This site has a Bookstore sponsored by Amazon.com, where you can find some fabulous books on just about every consideration surrounding divorce. Spend some time and a few bucks to help yourself get through this nightmare in one piece.

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Grounds For Divorce

The court may decree an absolute divorce on the following grounds: 1. adultery; 2. desertion, if: the desertion has continued for 12 months without interruption before the filing of the application for divorce; the desertion is deliberate and final; and there is no reasonable expectation of reconciliation;

It will be considered voluntary separation, if:

the parties voluntarily have lived separate and apart without cohabitation for 12 months without interruption before the filing of the application for divorce; and There

is no reasonable expectation of reconciliation; Conviction of a felony or misdemeanor in any state or in any court of the United States if before the filing of the application for divorce the defendant has: been sentenced to serve at least 3 years or an indeterminate sentence in a penal institution; and served 12 months of the sentence; 2-yearseparation, when the parties have lived separate and apart without cohabitation for 2 years without interruption before the filing of the application for divorce; Insanity if: the insane spouse has been confined in a mental institution, hospital, or other similar institution for at least 3 years before the filing of the application for divorce; the

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court determines from the testimony of at least 2 physicians who are competent in psychiatry that the insanity is incurable and there is no hope of recovery; and 1 of the parties has been a resident of this State for at least 2 years before the filing of the application for divorce;

Cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation; or 8. Excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation.

Marriage Annulment
Marital Annulment

A marriage annulment in Maryland is a court decree voiding or invalidating the marriage as if it never occurred. Marriage annulments (sometimes referred to as a marital annulment) in

Maryland require a greater degree of "proof" than do fault divorces or petitions for legal separation. Acceptable grounds for annulments in Maryland courts include: Consanguinity-Incest, a marriage with a blood relation like parent, child, stepchild, grandparent, grandchild, aunt, nephew, uncle or

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niece; Bigamy- a prohibition from marrying a person already married; Impotency- your spouse is unable to meet your physical and sexual needs; Mental Disability- your spouse has some kind of mental disability both temporary and permanent and Duress- if you have been forced into a marriage, you may petition for an annulment.

Marriage Counseling/
Mediation

Joint counseling. The court may not require joint counseling of the parties: 1. without the consent of both parties; or 2. if there is evidence that the other party has demonstrated a pattern of domestic or family violence against a family or household member.

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Legal Separation/ Marital Separation

In Maryland, if a couple are living separate lives, are not having sexual relations and are not sleeping under the same roof (in the same residence), then they are separated. A formal legal separation (sometimes referred to as a marital separation) is not necessary in Maryland to have a couple considered separate. Couples

are wise to put together and agree upon a separation agreement that settles all of their marital property rights, alimony claims, and other issues. A separation or "legal separation" is usually sought by one of the parties that wants to terminate the relationship but wishes that the marital status not be interrupted for religious or health care insurance coverage reasons.

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Waiting Period

The parties may be required to participate in good faith in reconciliation efforts prescribed by the court. No waiting period exists.

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Grandparents Rights

The court may consider a petition for reasonable visitation of a grandchild by a grandparent, and if the court finds it to be in the best interests of the child, grant visitation rights to the grandparent.

State Fact Sheets for Grandparents and Other Relatives Raising Children

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Divorce Settlement

Do you want to fashion your own divorce settlement? If the answer is yes, Maryland affords you the opportunity to come to a divorce settlement with your spouse, or the court will impose its own divorce settlement of the marital assets. The court will divide those marital assets in an equitable manner. It will determine which property is marital property, determine the value of the marital property, and may transfer

ownership of an interest in property, grant a monetary award, or both, as an adjustment of the equities and rights of the parties concerning marital property, whether or not alimony is awarded.The court may transfer ownership of an interest in: A pension, retirement, profit sharing, or deferred compensation plan, from one party to either or both parties; and subject to the consent of any lien holders, family use personal property, from one or both parties to either or both parties.

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Did you come into this marriage owning a house? Concerned about the equity in that house that you brought into the marriage? Worried a pre-marital asset may end up in the divorce settlement? Here's how it works: What you brought into the marriage is usually all yours. However, any appreciation of the house or the property value is normally treated as a "marital asset", meaning that you will likely forfeit a third to a half of that appreciation to your spouse in the divorce.

Residency Requirements

If the grounds for the divorce occurred outside of this State, a party may not apply for a divorce unless one of the parties has resided in this State for at least one year before the application is filed.

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