Blog Posts
Family Law
Traveling with Babies Recap
Originally posted 12/18/18, no content changes. Does anyone enjoy flying with a baby? Infants themselves certainly don’t like the experience, but neither do their parents and aisle-mates. Young children’s cries and frequent needs (for food, attention, and diaper changes) can cause significant irritation on the part of other passengers. As a result, parents may experience anything from angry glares to scolding and threats. It’s enough to convince some families to stay at home or restrict travel to locations within driving distance. A news story from the Washington Post may dissuade more parents from taking their children aboard. According to The Washington Post, a crew member allegedly told a United passenger her baby’s behavior was “absolutely unacceptable” and claimed the company’s rules prohibit infants from crying for more than five minutes. Although United apologized and issued a refund, this egregious story belies the fact that unprepared parents often do make mistakes during air travel, writes the Post’s Christopher Elliott: Crew members have mixed feelings about babies on board. They want to welcome all passengers and make them as comfortable as possible. And privately, they often tell me young children aren’t their biggest problem; it’s their adult travel companions, especially new parents who tend to make a lot of mistakes. The errors include being ridiculously unprepared, acting as if any advice they receive is “baby-hating” or “mom-shaming” — and not knowing what to do with diapers. You can read the full article, “The do’s and don’ts of flying with babies,” here. We may not be able to guarantee comfortable air travel, but Offit Kurman’s Family Law attorneys can assist with virtually any legal matter you or your children might face. While it can be a bumpy ride, so to speak, you don’t need to fly solo. See how we can help.
November 16, 2023
Family Law
Protecting Your Business During Divorce: Strategies for Business Owners
Divorce is a challenging and emotional process, and it becomes even more complex when you own a business. Your business is not just a source of income but a significant asset that may be subject to division during divorce proceedings. There are some strategies and tips to help business owners navigate the divorce process while safeguarding their business interests. Prenuptial or Postnuptial Agreements If you're a business owner, one of the most effective ways to protect your business during a divorce is to have a prenuptial or postnuptial agreement in place. These legal documents outline how assets, including your business, will be divided in the event of divorce. By establishing clear terms and agreements in advance, you can minimize disputes and protect your business interests. Keep Business and Personal Finances Separate Maintaining a clear separation between your business and personal finances is vital for protecting your business during a divorce. Make sure your business has its own bank accounts, financial records, and tax documentation. Commingling personal and business finances can make it challenging to prove the business's true value. Accurate Business Valuation Accurate valuation of your business is critical during divorce proceedings. It's advisable to hire a professional business appraiser or a certified public accountant (CPA) with experience in business valuation to determine the fair market value of your business. A well-documented and substantiated valuation can help ensure a fair division of assets. Explore Buy-Sell Agreements A buy-sell agreement is a legal contract that outlines what happens to a business if one of the owners goes through a life-changing event, such as divorce. Having a well-drafted buy-sell agreement in place can allow your business partner or co-owners to buy out your spouse's share, helping to keep the business within the hands of those actively involved. Offer Compensation in Exchange for Business Ownership To protect your business, you might consider offering your spouse other assets or compensation in exchange for relinquishing their claim to the business. This can be a complex negotiation, but it can help keep your business intact and mitigate the need for a forced sale or liquidation. Mediation or Collaborative Divorce Consider alternative dispute resolution methods such as mediation or collaborative divorce, where both parties work together with a neutral mediator or collaboratively trained attorneys to find solutions. These processes often lead to more amicable settlements and can be less disruptive to your business. Protect Intellectual Property If your business involves intellectual property, such as patents, trademarks, or copyrights, make sure it's protected. Clearly delineate ownership of these assets in your business agreements and maintain strong records. This can prevent disputes over intellectual property during divorce. Consult with Legal and Financial Experts Seek the guidance of experienced divorce attorneys and financial advisors who specialize in handling divorce cases involving business owners. They can provide tailored advice and ensure you are aware of all legal options and potential financial implications. Protecting your business during a divorce requires careful planning and a proactive approach. By implementing these strategies and seeking professional guidance, you can navigate the divorce process while safeguarding your business interests. Remember that every divorce case is unique, and it's essential to work with legal and financial experts to create a customized plan that suits your specific situation.
November 14, 2023
Family Law
Immunizing Against Anti-Vaxxers
How Courts are Protecting Children from Parents Who Go Against Science and What it Could Mean in the Age of COVID-19 Originally posted 9/10/20, content updated on 10/19/23. Over the past nearly forty years,[1] and with increased fervor over the past twenty years,[2] the United States has seen the birth and exponential growth of the anti-vaccination (“anti-vaxxer”) movement. Spurred by conspiracy theories and junk science, this “movement” has gained traction across the nation and has even garnered protections under the First Amendment. Only five (5) states have laws requiring children in public schools to be vaccinated unless they have a valid medical reason not to be vaccinated.[3] The remaining 44 states allow children to be exempt from vaccinations due to religious concerns. While 15 states also allow exemptions for any type of nonreligious personal belief. The Centers for Disease Control has conclusively stated that “there is no link between vaccines and autism.” Since 2003, there have been nine CDC-funded studies concluding that neither vaccines nor vaccine ingredients cause autism. More recently, a 2011 study by the Institute of Medicine and a 2013 study by the CDC added to the growing body of research debunking this myth. The vaccine debate has also played out in another, less public, arena: family court. When two parents disagree on whether to vaccinate their child, that issue is front and center in any custody case. Until recently, the jurisprudence on this issue did not favor one position over the other. In 2019, the Maryland Court of Special Appeals issued a quiet but ground-breaking ruling in In re: K. Y-B, 242 Md. App. 473. In In re K. Y-B, the mother of an infant objected to the child receiving vaccinations on religious grounds. After the filing of a CINA petition, the Department of Social Services was granted limited guardianship and permission to allow the minor child to receive routine vaccinations. The mother filed an immediate appeal, and the Court of Special Appeals held that a parent is free to believe as they wish but cannot act on their beliefs in such a way as to pose a serious danger to the child’s life or health or impair or endanger the child’s welfare. The Court further held that the significant risks to the child and to the public if he does not receive childhood immunizations outweigh a parent’s right to religious freedom. This ruling creates a precedent in Maryland that failure to vaccinate a child poses a serious danger to the child’s life and health and impairs or endangers the child’s welfare. It reasonably follows that a parent who would make such a decision is not acting in the minor child’s best interest, which is the prevailing standard for determining custody. A look at recent cases across the country on this issue evidences an emerging trend towards a public policy that requires vaccinations. It is also an indication that a parent’s anti-vaccination stance may be a determinative factor in awarding sole legal custody or tie-breaking authority to the other parent. In 2004, the Texas appellate court upheld the trial court’s decision to give the father sole decision-making over vaccines when the mother was anti-vaccination. See Garcia-Udall v. Udall, 141 S.W.3d 323 (Tex.App. 2004). In 2006, Colorado awarded sole legal custody to the parent who wanted to vaccinate the minor child in accordance with the recommendation of medical professionals. “Citing the special advocate’s finding that providing medical care consistently and under the advice of a qualified physician was in the child’s best interests and that the father was more likely to follow such advice, the court allocated decision-making responsibility for the child’s medical care to father.” In re Marriage of McSoud, 131 P.3d 1208, 1214 (Colo.App. 2006). In 2014, North Carolina joined the trend in a case where the parents had joint decision-making authority, and the father wanted the children vaccinated, and the mother did not. Unbeknownst to the mother, the father had the children vaccinated, and the appellate court upheld the lower court’s finding that the father was not in contempt on the grounds that the vaccines were not harmful to the children. See Meduri v Meduri, 763 S.E.2d 338 (N.C.App. 2014). Pennsylvania followed suit in 2015. In B.C.S. v. T.S.S., 121 A.3d 1137 (Penn. 2015), the mother’s anti-vaccination stance was deemed “unorthodox” and a display of “poor judgment” by the trial court, which awarded the father sole decision-making authority. The Pennsylvania Supreme Court affirmed. The District of Columbia took an unorthodox approach in a 2015 case where the parties had joint legal custody, but the father had tie-breaking authority in the event of an impasse. The father exercised his tie-breaking authority and refused to allow the parties’ daughter to receive the HPV vaccine. The trial court removed the father’s tie-breaking authority and appointed a third party to resolve disputes over vaccines, and the appellate court upheld the lower court’s ruling. See Downing v. Perry, 123 A.3d 474 (D.C.App. 2015). In 2017, three (3) states issued opinions awarding sole legal custody to the parent who supported vaccinations for minor children. Missouri upheld the award of sole medical decision-making to the father, against the mother’s anti-vaccination wishes. See Gammon v. Gammon, 529 S.W.3d 350 (Mo.App. 2017). In Indiana, an award of sole decision-making authority over vaccines for minor children was upheld in a case where the mother was anti-vaccination. See Young v. Young, 95 N.E.3d 218 (Ind.App. 2017). The Tennessee appellate court upheld the award of sole decision-making authority to the mother, where the father was anti-vaccination. See Pankratz v. Pankratz, M2017-00098-COA-R3-CV (Tenn.App. 2017). Also, in 2017, Oregon courts went one step further and upheld the trial court’s order that the parties “ensure that a proper vaccination schedule is in place.” In re: Marriage of Botofan-Miller & Miller, 406 P.3d 175 (Or.App. 2017). Iowa has even linked a parent’s stance on vaccinations to fitness for physical custody/access. “Iowa courts have historically favored a parent who provides immunizations when determining which parent should have physical care of the child.” In re Marriage of Asefi, 838 N.W.2d 869 (Iowa App. 2013). [1] The current anti-vaxxer movement is often traced back to 1982 when NBC aired a documentary called “DPT: Vaccine Roulette” which addressed a purported tie between the vaccine for pertussis and seizures in young children. [2] In 1998, a British gastroenterologist named Andrew Wakefield published a study associating the MMR vaccine with autism. The study has since been discredited and the paper was retracted in 2010. [3] New York, California, Maine, Mississippi, and West Virginia.
October 19, 2023
Family Law
How Much Will My Divorce Cost?
One of the first questions a client asks is, “how much will this cost me?” While there is no way to really know how much the process will cost, there are some significant factors that can impact your fees. Opposing Party/Opposing Counsel. Unfortunately, there are some attorneys who are unable or unwilling to provide their clients with reasonable options and steer the case in a direction that will result in a fair and equitable resolution. If the opposing party and/or their counsel is not reasonable or minded in resolutions and problem-solving, the cost will be higher than if reasonable expectations can be set early on. It is helpful if the roadmap to get to a win/win resolution can be the focus of the case. There are several processes that can be utilized to reach an amicable resolution without the need for litigation, which can be emotionally and financially expensive. As a result of anger or vindictiveness, some parties are unwilling to focus on the best interest of the family, especially when children are involved. And unfortunately, there are attorneys who encourage detrimental behavior. The combination of the two can be very expensive. We recommend that clients review their invoices each month. If there are questions regarding any charges, they should be brought to the attorney’s attention before the next billing period. If the attorney does not provide a satisfactory response for the charge, the client should interpret that as a red flag. Certainly, choosing the right attorney to represent you impacts your fees. It is worth spending money on the front end to consult with several attorneys until you find the right fit. Your instinct should never be ignored if you feel that the attorney with whom you are consulting is not responsive to your concerns and needs. Litigation is expensive for clients and profitable for attorneys, so you might question an attorney who pushes litigation from the onset without discussing other options that you might try to utilize to resolve your issues before filing for divorce. Complexity of the issues. If your case involves every issue before the court (e.g., custody, access, child support, division of marital assets, alimony, attorney’s fees), your matter will be more expensive. There are times when one cannot resolve all issues without the court’s intervention. However, the more issues you resolve on your own, the less expensive the process will be. Along with complex issues may come the cost of experts (forensic business valuations, forensic tracing of assets, forensic analysis of income, child custody evaluator, vocational rehabilitation, appraisers, and the list goes on). You can alleviate some expenses by being organized and gathering as much information/documentation as you can for your attorney/experts. Some clients simply do not know or have access to their/their spouse’s asset information, and the process of uncovering any undisclosed, hidden, or unknown assets can be time-consuming and costly. Before you engage an attorney, be sure to have resources available from which to pay your legal fees. This may include credit cards, a home equity line of credit, borrowing from friends/family, or liquidating assets. Your attorney should assist you with a plan as to what option may work best for you.
October 5, 2023
Family Law
When an Ordinary Family Lawyer Isn’t Enough
There’s no such thing as an “ordinary” divorce. That being said, it’s fair to call some divorces extraordinary—for the extraordinary legal guidance they require. Imagine that you and your spouse have been together for 25 years. Together during that time, you’ve built a business, amassed a multimillion-dollar fortune, and invested in over a dozen ventures. That’s not all—you and your spouse have three homes, seven cars, a boat, pets, an extensive art collection, several pieces of one-of-a-kind furniture…The list goes on. Now, after one too many disagreements, you’ve both decided it’s best to move on and go your separate ways. Where will all those assets go? Who owns the business? Who controls the investments? Who gets the homes, the cars, the boat, the art, the pets? To determine the answers, you’ll need an uncommonly skilled and experienced legal partner. Many family lawyers lack the knowledge necessary to handle property negotiations and settlements of the size we’re discussing. Keep in mind that asset division is just one piece of the puzzle. In a situation this complex, there may be myriad tax, insurance, and estate matters to consider. Add children into the mix, and you could be dealing with custody arrangements, family business succession plans, wills, trusts, and a whole lot more. At Offit Kurman, we’re able to effectively assist clients with issues like these due to our firm’s unique operational structure and our highly distinguished team. Offit Kurman’s Family Law Practice Group includes multiple American Academy of Matrimonial Lawyers (AAML), International Academy of Matrimonial Lawyers (IAML) Fellows, Super Lawyers honorees, and attorneys named to lists of The Best Lawyers in America. Additionally, we regularly collaborate with our colleagues active in other Offit Kurman Practice Groups, such as Business Law, Education Law, and Estates and Trusts. Learn why Offit Kurman’s Family Law services are anything but ordinary.
September 18, 2023
Family Law
Have You Created Your Post-Divorce Budget?
Money is one of the most common reasons for divorce. It’s also frequently one of the greatest concerns after the divorce has been finalized. Depending on your situation, you may end your marriage with more or less in the bank than you had during the marriage. Perhaps you’ll be the one receiving alimony and/or child support, or the person on the other end writing checks. Maybe you secured more marital property than your ex-spouse—or were forced to give up significant assets such as a house or vehicle. Regardless of the details of your agreement, you’re almost certainly not better off financially now than you were before. Hardly anyone walks away from divorce a “winner.” To ensure your financial stability, you’ll need to carefully create a post-divorce budget and stick to it. This can be challenging for anyone, but especially people whose exes managed household expenses. Here are a few tips for getting started: Calculate your monthly income and expenses. Determine how much money comes in each month. Then, figure out how much you spend on recurring expenses such as housing (e.g. rent or mortgage payments), bills (electricity, phone, water, etc.), groceries, car payments, gas, and so on. Look for ways to save. If your expenses are higher than your income, you need to a) start saving and b) eliminate or reduce as many costs as possible. Transfer a percentage of your income into your savings account each month. Cut down on unnecessary shopping. Cancel subscriptions. Take fewer trips to the supermarket. Wait before making big purchases. There are hundreds of options when it comes to saving money, so pick the strategies that make the most sense to you and your family. Prioritize paying off debt. If you have credit card debt, outstanding student loans, or another form of debt, try to pay back what you owe sooner rather than later. Financial liabilities only compound with time. Track your progress. Once you’ve created a budget, you’ll need to follow it—every day, week, and month. Keep an eye on your income and expenses, and regularly review your plan. If you’re having trouble sticking with it, you may need to revise your budget or change your spending habits accordingly. Finally, don’t hesitate to ask for help. An experienced professional can assist you in developing your budget and keeping your expenses on track. An attorney like the ones at Offit Kurman can provide help or connect you with a financial advisor.
September 16, 2023
Family Law
Maryland Joins the ‘Irreconcilable Differences’ States
Maryland will become a no-fault grounds state for filing for divorce on October 1, 2023. Maryland will be adding irreconcilable differences and six (6) month separation to its rule books while also retaining the ground of mutual consent. This eliminates all fault grounds for divorce in Maryland. What does this mean? Well, back in the day, pre-October 1, 2023, one could file for divorce based on a fault ground like adultery, desertion, conviction of a felony, insanity, cruelty, or excessively vicious conduct. In the past, to obtain an absolute divorce, parties had to live separate and apart before they could even file for divorce. The change permits the court to grant an absolute divorce based on the grounds of a six-month separation for those living separately or together. This is in line with the law in many other states. Grounds for divorce that had to be proven in the past can still be considered when determining issues of custody and/or the division of marital assets. In the past, many residents of Maryland could not live separately from their spouses for the requested 12-month separation period due to limited finances. That is no longer a necessary requirement. This will certainly assist low-income families that could not afford to maintain two separate households while waiting to divide their marital assets. And folks no longer have to allege that the other spouse has been cruel or has committed adultery to get divorced. Beginning October 1, 2023, a Marylander may file for divorce on one of the following grounds: 1) irreconcilable difference, which has not been defined under the new statute, but one can presume it will include any reason the parties want to obtain a divorce; 2) mutual consent, which means the parties have reached and submitted to the court an agreement resolving all issues related to the marriage; or 3) six- month separation, which can be during the period with the parties residing in the same home. Maryland is also completely eliminating the ability to file for a limited divorce, where the parties may live apart but remain legally married on October 1, 2023. This change in the law will make it easier for Marylanders to obtain a divorce.
September 6, 2023
Family Law
Avoid Future Arguments with Your Ex By Using A Parenting Plan
Divorce can mark the end of a conflict or the beginning of many more. The difference frequently comes down to the parenting plan—whether one exists and, if so, what it does and doesn’t cover. A parenting plan is an agreement between individuals over child custody. Parents undergoing a divorce or separation may decide to use one for numerous reasons: to spell out the terms of a complex custody arrangement, to avoid future litigation, or simply because state law requires them to submit a plan. As with any legal document, the way a parenting plan is written matters. A well-drafted plan eliminates uncertainty over custody matters and safeguards the best interests of the parents—as well as their children—in the event of a dispute. An ambiguous plan, on the other hand, can create friction and stress. And when no plan is in place at all, the parents are setting themselves up for countless future arguments, big and small. Let’s start with the big ones. Without a parenting plan, parties involved in a divorce may clash over child custody and visitation rights, as well as various related personal and financial issues: Will one person be the primary caregiver, or will each parent spend time with the child or children? When, where, and for how long? How will the parents split monetary responsibilities, such as tuition and medical costs? Who gets to decide the cultural, linguistic, and religious environment(s) in which the child or children are raised? What if a new spouse enters the picture? Will that person gain parenting rights? What if a parent moves out of state, or out of the country? As important as those questions are, they shouldn’t entirely eclipse other, smaller matters. Seemingly trivial details can spark major disagreements: Who will be transporting the child or children from one parent’s residence to the other? What happens if a parent can’t visit or take custody of their child or children for a given period? Should they be allowed to schedule additional time or is it forfeited? Should one parent be allowed to significantly alter a child’s appearance, e.g. with a new haircut or piercing, without the other parent’s knowledge? How much control does a parent have over which activities the child or children can engage in while under the other parent’s care? What if a parent becomes seriously ill, or can’t take care of the child or children for another reason? If an unexpected conflict arises, how will the parents resolve the dispute? What’s the best way to avoid a court battle? When determining child custody and visitation, these are only a few of the many questions you need to consider. The sooner you discuss your plans with an attorney, the better your chances. If you have any questions on this topic, please contact Sandra Brooks at sbrooks@offitkurman.com or 240.507.1716.
August 23, 2023
Family Law
“I Want My Day in Court! – But Are You Sure About That?”
It’s become part of our vocabulary…a phrase said by those demanding justice, vindication and validation: “I want my day in court!” However, when it comes to divorce, should that really be the case? Is having your day in court really worth the time, the money, the risk, and the emotional rollercoaster it could send you and your loved ones on? While there’s no “one fits all” answer, there are a few things you should consider before you find yourself raising your right hand while you’re being asked, “Do you swear to tell the truth, the whole truth, and nothing but the truth?” Right off, it’s important to know that most divorce cases never even make it into a courtroom. The most recent figures state just 5% to 10% of divorces ever get that far. Knowing that, the odds are in your favor that with sound legal advice and often a good mediator, a fair settlement can be achieved without an often long and expensive court battle. That said, what could potentially make you part of that exclusive “5% to 10% crowd?” Well first are there any issues that you just can’t compromise on with your former spouse no matter how many back and forth rounds of negotiations have gone on with your attorneys? Is your spouse so obstinate and difficult that for every one step forward you take, they take ten steps back? Are there extenuating circumstances regarding the custody of your children that you strongly believe will cause dire harm to them or your relationship with them? Are you fairly certain that your spouse is hiding certain finances from you that you haven’t been able to get to and don’t feel you can unless they are forced to reveal them under oath? These are all valid reasons, but that doesn’t mean there aren’t as many reasons not to go to court. There are the costs involved. Court fees add up very quickly, lawyers have to often put in countless hours and trials can go on much longer than anticipated. In the end even if the court does rule in your favor, once these costs are figured in, will you even be in the black? You don’t want to end up financially worse than where you started had you settled and that doesn’t even figure in the “emotional costs” associated with an often nasty trial that you and your family will have to endure. Also the vast majority of judges and juries remain impartial. Their decisions are based on the facts, not on emotion. So while you may be confident that you are much more sympathetic than your spouse, that may hold weight in “the court of public opinion” but not in an actual courtroom when the verdict is read. Getting married shouldn’t be a snap decision and getting divorced shouldn’t be an instantaneous one either. But once you are headed down this path carefully weigh the options of a fair settlement versus the risk/reward of going to court. Sandy and Chery at Offit Kurman know each case is unique and present their own sets of challenges. They will be by your side the entire time, making sure whatever decision is eventually made, will be done so together and only after very careful consideration.
August 9, 2023
Family Law
Is My Inheritance Marital Property?
It depends. Isn’t that a lawyer’s answer to just about everything? In Maryland, property acquired by inheritance or gift from a third party or that was owned prior to the marriage is non-marital property. It will not be divided between the parties upon divorce. However, if the inheritance is commingled, it becomes marital. Understandably, this is a very difficult concept to understand. Many lawyers and even judges have a difficult time “tracing” non-marital assets that may have become commingled. Sometimes, it helps to see some examples. Here are a few: If the wife inherits $200,000 from her uncle’s estate during the marriage, and she then deposits all of those funds into a separate account in her sole name, and the funds remain in that account until the date of divorce, those funds and any growth on those funds have remained wife’s non-marital property. That’s the clearest example of non-marital funds remaining non-marital or separate property. In real life, however, things are usually not that clear. For example, if the wife deposits the funds into a bank account in her sole name, and then uses the funds to pay expenses for the family over the years for vacations, children’s schooling, etc., those funds are no longer in existence, and she will not receive credit for having used her non-marital funds for family use. Any funds that remain in the separate account would be non-marital and would continue to be her separate property. Where this gets complicated and requires “tracing” is when some of the non-marital funds are commingled with marital funds. That can happen if funds acquired during the marriage are deposited into the wife’s separate account. The normal growth of the funds, including interest earned on the non-marital funds in the separate account, remains non-marital. However, if any marital funds are deposited into the account, the account loses its non-marital designation, and the entire account may be subject to division as a marital asset. The visual story goes as follows: if you have a swimming pool that is filled 90% with blue water, and a water truck comes in with green water and puts that into the pool, filling it to the brim, everyone knows that it is 90% blue and 10% green, but the water is now aqua, and the blue cannot be separated from the green. The same is true with cash in a bank account. Therefore, if one receives a gift or an inheritance during the marriage or has significant funds prior to marriage and wishes to keep them as non-marital or separate property, those funds should be kept separate, and no marital funds, including income, should be deposited into that non-marital account. Should you have any doubt as to whether or not your inheritance is marital or non-marital, your attorney will be able to help you.
August 4, 2023
Family Law
My Spouse has an Income, so Why Would I have to Pay Alimony?
Known Indefinite Alimony Awards in Reported Maryland Cases. The purpose of alimony is not to provide a lifetime pension. Rather, alimony is designed to provide the recipient spouse an opportunity to become self-supporting. Nonetheless, in cases where it is either impractical for the dependent spouse to become self-supporting or in cases where the dependent spouse will be self-supporting but still a gross inequity will exist, a court may award alimony for an indefinite period of time. A court may award indefinite alimony if it finds that: (1) due to age, illness, infirmity, or disability, the party seeking alimony cannot reasonably be expected to make substantial progress toward becoming self-supporting; or (2) 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. Although a significant mathematical disparity in income is not necessarily a sufficient condition to justify an award of indefinite alimony, it is nonetheless a necessary condition. But mathematical disparity is only the starting point of an unconscionability analysis. The court must look to the factors of Maryland Code Ann., Fam. Law § 11-106(b), which provides guidance in determining an appropriate award. Of course, the greater the income disparity, the more likely that it will be found unconscionable, all other factors remaining equal. The court has discretion in determining the length of alimony. In Maryland, it is interesting to note the following cases in which the mathematical disparities of each party’s income were considered in the court’s award of indefinite alimony. In Tracey v. Tracey, 328 Md. 380 (1992), an indefinite alimony award was upheld where the Wife’s post-divorce income was 28% of the Husband’s; in Caldwell v. Caldwell, 103 Md. App. 452 (1995), an indefinite alimony award was upheld where the Wife’s post-divorce income was 43% of the Husband’s; in Blaine v. Blaine, 97 Md. App. 689 (1993), an indefinite alimony award was upheld where the Wife’s post-divorce income was 23% of the Husband’s; in Rock v. Rock, 86 Md. App. 598 (1991), an indefinite alimony award upheld where Wife’s post-divorce income was 20-30% of Husband’s; in Broseus v. Broseus, 82 Md. App. 183 (1990), an indefinite alimony award upheld where Wife’s post-divorce income was 46% of the Husband’s; Bricker v. Bricker, 78 Md. App. 570 (1989), an indefinite alimony award upheld where the Wife’s post-divorce income was 35% of the Husband’s; in Benkin v. Benkin, 71 Md. App. 191 (1987), an indefinite alimony award upheld where the Wife’s post-divorce income was 16% of the Husband’s; in Zorich v. Zorich, 63 Md. App. 710 (1985), an indefinite alimony award was upheld where the Wife’s post-divorce income was 20% of the Husband’s; in Kennedy v. Kennedy, 55 Md. App. 299 (1983), an indefinite alimony award was upheld where the Wife’s post-divorce income was 33% of the Husband’s. Disparity in income is one of the many factors in determining the amount and length of an alimony aw d. Whether you are the dependent or earning spouse, competent counsel should be sought to do a complete alimony analysis in preparing for the resolution of this issue related to a divorce.
August 2, 2023
Family Law
Family Law Recap: Taking a Break from Your Divorce
Happy summer! Right now, millions of Americans are on vacation, packing for an upcoming trip, or just returning to work. If you’re not currently away yourself, you’ve no doubt encountered a couple (or a couple dozen) out-of-office autoresponder messages in the past few weeks. Clearly, it’s time to take a break. Wouldn’t it be great if you could take a break from your divorce as well? Actually, you can—and you probably should. Even in the best cases, divorce proceedings take a long time. As the days, weeks, and months drag on, the constant stress enacts a heavy toll on all people involved. That doesn’t mean the divorce must necessarily take precedence over everything else in your life. In fact, sometimes it’s best to consciously decide to take a break. Sometimes, when you’re feeling buried in and burnt out by your divorce, the only thing you should do is nothing at all. Of course, doing nothing rarely comes easily these days. People lead busy lives. Many of us are overbooked and underslept. When we do have downtime, we often spend it in front of screens. This near-constant stream of activity and stimulation inhibits one’s ability to rest. It’s also important to recognize that for some people, chronic busy-ness is a coping mechanism—and an unhealthy one. In her book Daring Greatly, renowned vulnerability researcher Brené Brown describes being “crazy-busy” as “one of the most universal numbing strategies.” The idea is that if you don’t have time to process uncomfortable emotions, maybe they’ll go away on their own. The truth is almost always the opposite: those neglected emotions persist and grow stronger. If you’re in the middle of a divorce—or any difficult moment in your life—it’s time to prioritize your first obligation: your obligation to your own well-being. Add rest and relaxation to the top of your to-do list. A little “me time” is good for you in the long run. You’ll come back feeling happier, recharged, poised, and better equipped for the journey ahead. Whatever your future holds, know that you don’t need to go it alone. When you call on an experienced Family Law attorney, such as those at Offit Kurman, you gain a valuable advisor, partner, and advocate. Summer won’t last forever, so take a break—your attorney will continue doing the work for you.
July 14, 2023
Family Law
Who Will Pay for Private School After We are Divorced?
The answer is… it depends. Isn’t that a lawyer’s answer to everything? In an ideal world, the parties agree on where their child will go to school, and they have endless funds to cover the child’s educational expenses, so there is no need for lawyers and courts. If that is not the case, the next best thing is to try and reach an agreement regarding the child’s education. In many states, the court may order a parent to contribute to all or a portion of their child’s private school tuition. In deciding on education, the court is to consider what is best for the child. Factors to be considered and weighed by the court may include, but not be limited to, the child’s educational history, the child’s educational needs, the school’s resources, the parent’s ability to pay, the parent’s decision regarding the child’s education while married, and the child’s educational performance history. Absent the court’s interference, the parties may come to an agreement on which school they want their child to attend and how it is to be paid. In some instances, the child is so young the parties may come to a written agreement on a process for determining which school their child should attend. Whether via court or an agreement, finances are typically a large factor. How was tuition paid during the marriage? Are there enough funds to support two households and private schools? Are third parties, like grandparents, contributing to private school expenses? And the list of questions to be considered goes on and on depending on the facts of each family. With the help of a lawyer who understands your child’s needs and your educational goals, ideally, you can come to an agreement on terms that are best for your child. Sometimes, the controversy is so high between the parents that a resolution outside of court is not tenable, and you will want an attorney who is prepared to address the factors to the court to most benefit your child’s educational needs.
July 10, 2023
Family Law
You Want to Get A Divorce? Here’s What You Need to Know
Originally posted 7/6/2020, no content changes. Does anyone go into a marriage thinking about getting a divorce? Doubtful. According to the Centers for Disease Control and Prevention’s National Marriage and Divorce Rate Trends, the rate of divorce in the United States in 2018 was 2.9 divorces per 1,000 people. As with anything, doing your due diligence and finding a great lawyer is going to be step one. What are some ways to find a “great” lawyer? When interviewing your lawyer, don’t be afraid to ask as many questions as necessary to ensure you are comfortable. It is important for you to make sure your lawyer practices family law regularly. Your lawyer should take a reasonable amount of time to listen to your issues and thoroughly discuss your options and the process with you. After going through your options, and you’ve decided to proceed with a divorce, the next step is for you to retain that attorney. Then, your attorney will begin gathering additional information and documentation from you. You should expect your attorney to request that you provide documents reflecting your and your spouse’s income, assets, expenses related to your family, tax returns, pay stubs, appraisals, business records, and more. Don’t worry if you do not have all of this information. Your attorney will help you obtain the information and documents needed. Following the information and documentation gathering stage, your lawyer may discuss the options of settlement, mediation or filing with the court. Should you decide to file with the court, your lawyer will create a Complaint outlining the issues to be determined by the court (ex. custody, access, child support, alimony, division of marital property and attorneys’ fees) and your request as to what you’d like the court to award you. Your Complaint will likely have to be filed with a Financial Statement. The Financial Statement is a detailed document required by the Court, which your attorney should assist you with completing. Even after filing with the court, settlement is always possible and strongly encouraged through discussions between counsel or mediation. With thorough preparation, mediation can be successful, even if not with just one session. Should you be able to settle your matter through counsel or mediation, you will have a brief, uncontested divorce hearing. Should you be unable to settle before trial, you will proceed with a trial, wherein your attorney will present your case to the court for a judge to make a ruling. It should be noted that most cases settle. For instance, we settle over 90% of our cases. The lawyer you choose will help drive the direction of your case, and it’s important to find a lawyer who doesn’t just tell you what you want to hear. You need a lawyer who will explain your options and make a recommendation so you can make an informed decision.
July 6, 2023
Family Law
Smart Home Devices and Domestic Abuse
Originally Posted 5/13/2019, no content changes. Modern homes are increasingly powered by internet-connected devices, from speakers to televisions, from thermostats to door locks, from security cameras to baby monitors. For some, this so-called “smart” technology can make life a little more convenient. For survivors of domestic violence or abuse, however, it’s fast becoming a vector for physical and psychological torment. The American Academy of Matrimonial Lawyers (AAML) recently published an article about the myriad ways abusers are weaponizing smart home devices. AAML notes that such devices “are set up by one spouse/partner but used by both spouses/partners.” It’s a situation that can create an uneven—and, at times, terrifying—power dynamic when the couple splits up and the person who has moved out of the house “wishes to destroy the emotional or mental calm of the other spouse.” In one example, an ex changed their partner’s alarm time on an Echo device from 7 am to 2 am. In another, a man spoiled his ex-wife’s food by switching off the refrigerator. Other reported incidents involve people surveilling their exes through speakers and TVs and turning up the heat remotely during summer months. In some cases, abusers seek to damage not only the psyches of their victims but survivors’ credibility as well. An article in domesticshelters.org offers a horrific pair of anecdotes: “Another abuser would repeatedly unlock a survivor’s home and car doors remotely. When the survivor tried to report it, the abuser petitioned the judge in their children’s custody case that this was a security issue he was worried about, making the survivor appear as an unfit mother. Another abuser would unlock a survivor’s electronic front door, go inside and take just one item from her home at a time, like a bracelet or a pair of shoes. The survivor kept thinking she was losing things and, in some respect, her mind along with them. She knew reporting these missing items to the police without any proof of a break-in would sound outrageous.” What can you do to protect yourself? First, make a list of all smart devices in your home and make sure you’re able to access and control each one. Change the passwords for every device as soon as a partner or spouse moves out and periodically thereafter. If you suspect that someone is spying on you, harassing you, or tampering with your home, speak to your lawyer immediately. The attorneys of Offit Kurman’s Family Law Practice Group can help you protect your home and family and obtain logging information for later use in court.
May 12, 2023
Family Law
How to Protect Your Privacy
While you will be sharing a great deal of information during the divorce process, it is important for you to take steps to protect your privacy. You will be required to produce financial documents, and you may also be required to provide copies of emails and text messages. Emails and texts between yourself and your attorney are protected due to privilege. However, the same is not true as to communication with others. If you believe that your spouse has access to your computer, iPad or phone, you should take steps to protect your privacy. You may want to purchase a new iPad or computer that you use only when communicating with your counsel or your therapist. If you do that, ensure that you are using a password that is difficult to break, such as a phrase. It is natural to want to discuss the divorce process with friends and family, but that may be to your detriment if too much detail or strategy is shared. This is a good reason to confide in a counselor or therapist to discuss the process and your feelings.
May 11, 2023
Family Law
How to Prepare for Divorce
Whatever brought you to the decision to consider divorce, as with most situations, knowledge is power. If you have determined that your spouse is considering separation or divorce, or if you have decided that you have tried to resolve matters and are ready to part ways, consulting with an experienced family lawyer will provide you with information so that you can make informed decisions. One of the first steps you should take is to prepare a chronology of events from the date of your relationship, noting important dates. The chronology need not be in great detail, but organizing your thoughts and recollection will be very helpful when it’s time for you to explain your situation to your attorney, counselors, mediators, etc. “Once and done” will relieve you of the need to review your history over and over again. Your attorney will request a summary of your and your spouse’s income, expenses, assets and liabilities. You will need to provide information as to what accounts, property, etc., is jointly or solely owned by one or both of you or if the assets are owned by a corporation or partnership. Generally speaking, you will be asked to provide the following documents: Income tax returns for the past five years Recent pay stubs for you and your spouse Bank statements for all joint and separate accounts Estate plans, including trust information Shareholder or partnership agreements Titles to cars, boats, airplanes, etc. Information regarding cryptocurrency Retirement plan statements Investment account statements Information regarding all debt - including mortgages, HELOC Accounts, personal loans, etc. Investment account statements Information regarding inheritance that you or your spouse received Information regarding pre-marital assets or gifts received from someone other than your spouse (or that your spouse has received from someone other than you) Be aware that your attorney will ask you to complete a financial statement, so becoming knowledgeable of your regular expenses will be very helpful. Consider counseling, which will be very helpful during this stressful and emotional time. Choose a divorce attorney who is recognized as an expert in this field. Sandy and Cheryl are both Fellows in the American Academy of Matrimonial Lawyers as well as the International Academy of Family Lawyers, having been recognized by their peers and the Court as experts in the field of Family Law. In addition, both Sandy and Cheryl have been included in Best Lawyers, Super Lawyers and other publications.
May 11, 2023
Family Law
DIY Divorces Recap
There’s a lot to be said for embracing a do-it-yourself (DIY) ethos. DIYers develop useful skills, sometimes discover new hobbies, and often save a great deal of money. But while plenty of DIY projects can reduce upfront costs and bring personal fulfillment, there are some things you should never, ever do yourself. Giving your house a fresh coat of paint? Go for it! Brewing beer in your garage? Sure—why not? Handling your own divorce proceedings? Not a great idea. Looking to handle a divorce or another family legal matter in the best way possible? Don’t rely on a simple document retrieval service. Offit Kurman’s Family Law attorneys are dedicated to resolving conflicts and protecting your and your family’s interests in a fast, straightforward, and cost-effective manner. See for yourself what we can do for you.
February 13, 2023
Family Law
My Spouse is an Alcoholic. How Will This Impact My Custody Case?
The goal is to keep the children safe while still maintaining a relationship with their alcoholic parent. Ideally, both parents and their attorneys are on the same page with implementing safety precautions for the sake of the children. These may include the alcoholic parent enrolling into a sobriety program and maintaining a treatment plan for sobriety through therapy, support groups, etc. Subscribing to a live-time breathalyzer like Soberlink to ensure they are sober while the children are in their care is another helpful tool. Some parents have interlock devices on their vehicles to avoid driving while intoxicated. The age of the child(ren) is also a factor. As children get older, they can call 911 should they need help, but younger children are at more risk with an alcoholic parent because they can’t simply call for help. If the alcoholic is in denial, things get more complex, and you will need to strategize with your lawyer how to best protect the child(ren). The goal is not to punish the alcoholic but to keep the children physically and emotionally safe.
January 11, 2023
Family Law
Dividing Stocks in Divorce
If your spouse has stocks, they will need to be identified as marital or non-marital, valued and divided or offset with another marital asset. Public stock is simple to value. Once a valuation date is determined, the answer lies in the market’s figures. Assuming the stock is all marital, and the parties agree to divide it equally, I recommend the parties work with an accountant or representative from the financial institution to ensure the division is as equal as possible considering the cost basis, so one party is not left with a major tax liability. Restricted stock units (RSU) can be a bit trickier because there is no market price to look up. RSUs are a common incentive for employees in private companies. They are granted to employees to incentivize them to grow with the business. RSUs do not have a value when they are granted; instead, they have a vesting schedule. Once they vest, they have value. The vesting schedule is important in your divorce and your jurisdiction. For instance, if the RSUs were granted before the marriage and vested after the marriage, there is some marital component, and you may need an expert to trace the amount. What comes up more often is when the RSUs are granted during the marriage but do not vest until after the marriage. Some states consider the unvested RSUs marital, and some do not. RSUs are also taxed, so that will need to be considered when dividing or negotiating RSUs. There are several ways to divide stocks in a divorce. The spouse who has the stock may keep them in exchange for another marital asset or offsetting the marital estate somehow. The parties may decide to divide the public stock. The parties may agree to equally divide the net value of the stock if, as and when it vests. Some parties agree to sell and divide the stock prior to divorcing for tax purposes. There are many other ways to slice the stock pie, but the best option will vary in different divorce cases. Bottom line is that stocks can become complex, and you need an attorney who knows to ask the right questions, gather the right documents, and reach out to a competent accountant when necessary.
October 31, 2022
Family Law
Should I File a Joint Tax Return with My Separated Spouse?
When it comes time to file tax returns, those of our clients who are separated but not yet divorced often ask our opinion. As with many issues, there are some benefits to filing a joint return. However, there may also be unexpected consequences. When spouses file jointly, they are each responsible for all of the reported information. Each spouse can be held responsible for tax liability, which can include interest and penalties. One concern, therefore, is whether the other spouse has had adequate withholding or has paid their quarterly tax obligation in full and on time. We do not recommend a client file jointly if they are concerned their spouse has not been honest about income or deductions. On the other hand, there are significant benefits of filing jointly, such as lower tax brackets. Filing jointly rather than filing married filing separately can save money. You may qualify for filing as head of household. You may need guidance from an independent accountant or a competent family law attorney. Concerns may include who can get certain deductions, how to divide resulting tax liability, and how a refund may be divided.
August 22, 2022
Family Law
Mediation Tips from A Mediator and Retired Judge Sandy Brooks’ interview with Retired Judge Michael Mason
Sandy: How long have you been a mediator, and approximately how many matters do you mediate a year? Judge Mason: I’ve been mediating since approximately January 2019. Last year, I did just short of 80 mediations. Sandy: Of the cases you mediate, how many are family law matters? And of the family law matters, how many do you estimate reach a settlement through mediation? Judge Mason: Around 40% of the cases I mediate are family cases. I would estimate approximately 85% are resolved through mediation. Sandy: Do you believe your background as a Circuit Court Judge benefits you as a mediator in family law cases? Judge Mason: Yes. I think frequently, the attorneys for both parties have a reasonable sense of where the case should settle. Often the problem is getting the clients to accept that outcome is reasonable. I think coming to the mediation with years of experience as a judge who’s seen a lot of these cases can help convince the clients the result is a reasonable one, even if not one they are particularly happy with. Sandy: What are some of the most complex family law issues to mediate? Judge Mason: The most difficult cases to mediate are relocation cases and cases that involve allegations of abuse that are not independently corroborated. It’s very difficult in those matters to find some middle ground the parties can accept. The other difficult ones are those where the economically dominant spouse is self-employed and his/her income varies significantly from year to year, frequently taking a downturn once the divorce is anticipated. Also, those where the parties’ assets include a business which requires valuation. The valuations are normally miles apart. Sandy: Do you have any advice for attorneys prior to mediation? Judge Mason: Yes, always talk to the mediator and let them know what you honestly think might get the case settled. If there is a problem with the client, let them know. Also, make sure you’ve shared any important documents you intend to rely on at the mediation with the other side in advance so they have a chance to review it. Usually, the other side will totally discount any information they are seeing for the first time at the mediation without an opportunity to check it. As well, they typically resent it being given to them at the last moment, and that can affect their view of the other attorney. Sandy: Do you have any pointers for the parties to maximize their success at mediation? Judge Mason: Be prepared. Don’t wait until the morning of the mediation to prepare your joint property statement unless there is none to speak of. Get your pre-mediation statement to the mediator in time, so they have a chance to review it and any exhibits in enough time to speak to you in advance of the mediation. Have the key documents that support your position readily available during the mediation and share them with the other side in advance. Understand the attorney on the other side is generally not your enemy or being a jerk. Their client has a very different view of the relationship, which they have communicated to the attorney. The attorney is typically acting based upon those facts, which are very different from the ones that guide you. Sandy: What are some strategies for moving the parties past an impasse? Judge Mason: Sometimes, when the parties feel they’ve reached an impasse, I’ve found it helpful to recess the mediation for a few days/weeks. Often after the parties have a chance to get away from the immediate negotiations for a while, they will reassess their positions. On occasion, I’ve also found it helpful to offer the parties a mediator’s suggestion to help bridge a gap. I propose a solution which they are free to accept or reject. Neither party is told if either accepts the proposal unless both do. Judge Michael Mason began practicing law in Maryland in 1974. He spent ten years in the Montgomery County State’s Attorney’s office. He was the head of the Career Criminal Unit when he left in 1984 to set up a small general practice with two other prosecutors, Judy Catterton & Paul Kemp. They were later joined by a third, Martha Kavanaugh. He was in private practice for about ten years, and they did a little bit of everything that involved going to court. In January of 1994, he was appointed by Governor William Donald Shaefer as an Associate Judge of the Circuit Court for Montgomery County. He was sworn in as judge in March of 1994. He served full-time as an Associate Judge until December 2018, when he retired. He continues to sit as a Senior judge on an as-needed basis. He served numerous rotations as a family judge during his almost 25 years full-time on the bench. He occasionally hears some matters as a family judge. Beginning in January of 2019, he began a private mediation practice and has since mediated well over 200 cases. The largest single segment of the cases he mediates are family cases, but he does a wide range of other civil cases.
July 18, 2022
Family Law
How Long Will I Have to Pay Alimony?
When a couple gets divorced, one party may need to financially support the other party in some shape or form; this divorce-specific monetary support is referred to as alimony. When a client learns that they may be required to pay alimony, they understandably want to know how long they’ll have to make those payments. In order to answer this question, it’s important to first understand that there are three types of alimony in Maryland: pendente lite, indefinite and rehabilitative. The type of alimony a party will be required to pay is discretionary to the judge. Pendente lite alimony is fairly straightforward. Pendente Lite is Latin for pending litigation, and these are payments that a higher-earning party pays to the lower-earning party during the divorce proceedings only. The payments are meant to maintain the family finances at, or as close to, status quo as possible during the legal process of divorce. The definition of indefinite alimony is exactly as it sounds: alimony that has no specific end date. Indefinite alimony is ordered when a dependent party is unlikely to ever become self-supporting. This type of alimony is typically established in cases of long marriages where one spouse did not work outside the home for many years, or when one party is unlikely to acquire a self-supporting income due to age, illness or disability. Indefinite alimony ends if one of the parties dies, or the dependent party remarries. Indefinite alimony may end upon modification of the court or a written agreement between the parties. Rehabilitative alimony is meant to provide support to the lower-earning party for a period of time long enough for him or her to become self-supporting. This is the most common type of alimony awarded, and it usually has an end date. In most cases, this means that the higher-earning party will support the lower-earning party while that person takes the time to acquire the necessary job training or education needed for employment. In some cases, the higher-earning party may need to pay for the lower-earning party’s education to help them become self-supporting. As mentioned, the type of alimony one pays is solely up to the judge; however, if the parties prefer to negotiate alimony amongst themselves, they may come to an agreement as to the terms, but the judge will still have to approve it to ensure that the agreement is fair to both parties. If you have any questions on this topic, please contact Sandra Brooks at sbrooks@offitkurman.com or 240.507.1716.
November 17, 2021
Family Law
I Received an Inheritance – Will I have to Share the Money with My Ex-Spouse?
The answer to this question can go in two different directions, depending on what the recipient did with the money. When evaluating a divorce, most states view inherited funds as separate property, whether those funds were received before or after the marriage. In Maryland (and in the vast majority of states), inherited funds are considered separate, or non-marital property. Here is the catch, though: the designation of “separate” can change based on what the recipient did with the funds. Generally, marital property is subject to division in a divorce, while separate property is not. However, inherited funds that start out as separate property can become marital property if they are “commingled”—i.e., turned into marital property by using the money for things like remodeling the marital house, paying for a vacation, paying off bills, or other similar things that benefit both spouses. Here are some other specific examples of comingling: If one spouse inherits a house and then adds the other spouse’s name to the deed, the inherited house then becomes a comingled asset. If one spouse receives funds and then puts the money into a savings account for a significant period of time under both their name and their spouse’s names, those funds are now comingled and considered marital property. If one spouse uses inherited funds to renovate the marital home, which is titled in both spouse’s names, the inherited funds become commingled. Because comingling can happen so easily and unintentionally, some couples opt for a postnuptial agreement when they inherit funds. This is an agreement that happens after marriage, wherein the parties agree that the inherited funds used for the renovation, vacation, or other mutually beneficial activity shall be and remain the inherited party’s sole and separate non-marital property, free and clear of any interest of the other spouse. It’s wise to consult with an experienced family law or divorce attorney when one receives a large sum of money from an inheritance. Even if the recipient decides not to pursue a postnuptial agreement, being aware of what actions would be classified as comingling can be extremely helpful when deciding how to use the funds. If you have any questions on this topic, please contact Sandra Brooks at sbrooks@offitkurman.com or 240.507.1716.
September 20, 2021
Family Law
The Rundown on Custody Evaluations: A Q&A
When a divorce involves children and a court-issued custody evaluation, the parents can understandably be uneasy about the process, what it will entail and how it will affect the outcome of the custody arrangement. The key to successfully navigating a custody evaluation is understanding how they work and having a strategy in place with your divorce attorney beforehand. Here are the most common questions my clients ask me about custody evaluations. Q: What is a custody evaluation, and when are they used? A: Custody evaluations are sometimes appointed in highly-contested divorces involving children; A custody evaluation is the legal process in which a court-appointed mental health expert (or chosen by the parties) evaluates a family and makes a custody recommendation to the court based on the child(ren)’s best interest. You should expect a series of interviews conducted both alone with the evaluator and with the evaluator and the other parent, and with you and your child(ren). In some cases, psychiatric testing for one or multiple family members will also be part of the process. Q: What is the goal of the custody evaluation? A: The goal of the custody evaluator is to gather data from the parties, witnesses, documents and the children themselves to ultimately render an opinion on physical custody (the visitation/access schedule of the children) as well as legal custody (decision-making authority for the children). Q: What qualifications does a custody evaluator have? A: For the most part, custody evaluators are trained mental health professionals. In some jurisdictions, the custody evaluators are psychologists, but it varies. In my local jurisdiction, the court evaluators are social workers. While psychologists can do psychological testing during an evaluation, non-psychologist evaluators cannot. Most court evaluators are not licensed to conduct the psychological testing that is sometimes needed to help the family understand and address a parent or child’s mental health issues. This is when it might be more beneficial to hire a private evaluator who can do the appropriate psychological testing, but private evaluators can be quite expensive. Q: How much will it cost to get a custody evaluation? A: Some courts have the resources available to appoint custody evaluators at no expense to the parties, which is the case in my jurisdiction. Otherwise, if the evaluation is being commissioned through a court-connected program, the fees will be determined by the court’s policy. Private evaluators typically charge by the hour, and the fees can be significant. Q: How much influence does the evaluator have over the judge’s final decision? A: It is my experience that the courts do not always follow the recommendations of the evaluators; however, the courts do like to hear what the evaluator learned from their observations, and the evaluator’s perspective can certainly sway the judge in one direction or the other. Q: Should I request a custody evaluation? A: This is a question that you should discuss with an experienced divorce or custody attorney. There is some strategy involved as to whether, or not, a custody evaluator makes sense for your specific situation, and your attorney can help you navigate that. For example, if you already have significant leverage and the judge is likely to rule in your favor already, adding another layer of complexity to the case with a custody evaluation may not be the best choice. Q: What if I disagree with my ex-spouse on whether or not to get a custody evaluation? A: If the parties do not agree on whether or not to get a custody evaluation, one side may file a motion requesting a court or private evaluator; the other side will likely oppose the motion, and the court will make the decision. If you have any questions on this topic, please contact Sandra Brooks at sbrooks@offitkurman.com or 240.507.1716.
August 16, 2021
Family Law
Why Would I Pay Alimony If My Soon To Be Ex-Spouse Has a Job?
Most people understand that when there is a divorce, one party sometimes has to pay alimony to support the other party. But the details of who pays alimony, and why, can be a bit fuzzy. I deal with divorce proceedings every day, and a common question I am asked is, “Why would I pay alimony if my soon to be ex-spouse has a job?” The short answer is: There is no formula for alimony in Maryland, so a party may have to pay alimony even if their spouse is working 40 hours a week. The long answer is that there are over 10 factors that the court has to consider when determining who pays alimony and how much. Things like the length of the marriage, each party’s income, the age of the parties, the physical and mental health of the parties, the living standards of the parties, and the cause of the breakup of the marriage are all taken into consideration—which means the court ultimately has great discretion in determining how much alimony is to be paid and for how long. Should the payee have a job, but not be able to meet their needs on that salary, the payor will likely be ordered to pay alimony to supplement those needs, or to pay alimony until he/she can become self-supporting—whether that be through additional education or more time in the work force. Of course, the payor will also need to be able to meet his/her own needs while supporting the ex-spouse. The court is not supposed to order the payor to pay more than he/she can afford, because the payor needs to be able to meet personal living expenses as well. To this point, I have experienced cases where a judge orders a payor to pay more than they can afford, which just leads to more legal fees in an appeal or motion to modify alimony. Even so, divorcing parties should be aware that the court will view alimony payments as more important than saving for retirement or going on vacation, and a judge will likely not order a payor to put away money for these types of expenses instead of financially supporting the payee. Navigating divorce and alimony payments can be a bit sticky; as always, it’s best to work with an experienced attorney to help you get the best outcome for your specific situation. If you have any questions on this topic, please contact Sandra Brooks at sbrooks@offitkurman.com or 240.507.1716.
July 13, 2021
Family Law
Who Gets the Dog?
“But who gets the dog?” This is a question I get often. In a situation like divorce, deciding where the dog will go can be tricky, as animals often feel like part of the family. And while just a few states (Alaska, Illinois, and California) have treated dog ownership disputes like custody cases, in most states, animals are considered a type of “chattel,” or personal property—just like jewelry, clothes, and artwork. Of course, in an ideal world, the parties are able to work out an agreement in regard to their animals, but if there is no written agreement as to who gets the dog and when the dog is likely to stay with the spouse who has possession. That is, if partner X moves out of the house, partner Y, who is still living in the house with the dog, will most likely get the dog. Most people are not aware of this, but it’s something both parties should keep in mind when considering moving out. Now, if there are minor children involved, that is a different story. I am seeing a trend in case law wherein the dog is ordered to follow the children. This makes sense, as children are often bonded to their pets and the judge will not want to separate the children and the dog; in other words, the children’s happiness takes precedence over parental preferences. Even when the decision is clear, such as when children are involved, logistics can still be a little sticky. For example, in a case of split custody in which the children travel back and forth between parents, arrangements must be made for the dog while the children are staying with the other parent. In some cases, the dog will travel to and from the parents’ houses with the children, but if the children attend school or daycare, the parents will have to separately agree to transition the dog from one house to the other. There are also situations in which, children or no children, the parties agree that if the party in possession of the dog must travel, they will give the other party the right of first refusal before seeking third-party care (such as a kennel). Each situation is different and will require legal expertise to get the right agreement in place. When considering who will “get” the dog, it’s important for parties to have an experienced attorney draft language to include who will have the dog, how the dog will be transferred between the parties, and how the dog’s expenses will be paid—this will help move things along more quickly and give the party in question a higher chance of a favorable outcome.
June 17, 2021
