The post How Do I Know If My Divorce Is Final? appeared first on The Machin Law Firm, LLC.
]]>If you retain an attorney to guide you through your divorce, they will notify you when your divorce decree is issued and send along the appropriate documents. However, if you’re working through divorce on your own or simply want some clarity on the subject, we’ll tell you everything you need to know about divorce decrees in Maryland.
Sometimes called a final judgement or judgement of divorce, a Decree of Divorce is a legal document issued by the Circuit Court after a judge has reviewed and approved your divorce. A divorce decree contains information about division of property, child custody and visitation, and other important details about your post-divorce life.
In essence, it’s a legally binding summary of the final terms of your divorce.
A divorce decree is issued shortly after your final hearing. It is the final step of a divorce. The terms of your divorce must be fully settled and agreed upon by both parties before the Clerk of the Circuit Court will issue a divorce decree.
In simple divorces, the first hearing can be the final hearing. In more contentious situations, it may take a few hearings in front of the judge to come to an agreement.
Once issued, the original decree is sent to all parties or their attorneys (who will forward them once they receive them).
Delay tactics are usually employed in the lead-up to the final hearing. Once the final hearing is complete, it shouldn’t take too long to receive the divorce decree. If you’re concerned that the process isn’t happening like it should, consult with your attorney. If you don’t have an attorney helping you, you can contact the Circuit Court in the county in which divorce proceedings began to receive an update.
Once you receive your divorce decree, it’s important to keep it in a safe place. It is an original paper document and can be incredibly helpful if your ex-spouse violates the terms of your divorce, or you have questions about the terms.
You will also need to keep your divorce decree and all other divorce-related paperwork for tax purposes, as divorce can impact your taxes.
If you move or change your name, update the address on file with the Circuit Court so they can send you any important documents.
Although it’s not ideal, it is not the end of the world if you misplace your divorce decree. You can request a copy from the Circuit Court that granted the decree. Only the same Circuit Court can issue a new copy of the decree.
You will need to provide the court with some information including your name, your ex-spouse’s name, and the date of your divorce. There is a $25 fee for each certified copy of the decree.
If you have any questions about your divorce decree or the divorce process in general, we encourage you to reach out for a consultation. We can help ensure that your rights are protected and answer any questions you may have.
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]]>The post What Does a Family Attorney Do? appeared first on The Machin Law Firm, LLC.
]]>As the name suggests, family attorneys specifically help with family-related legal issues. These include but are not limited to divorce, child custody and child support, pre- and post-nuptial agreements, and contempt issues.
Dissolving a marriage is far more complex than simply ending the relationship. Your state considers a marriage to be a type of legal contract. Ending this contract takes time, paperwork, and in some cases, negotiations with the other party. Depending on the circumstances of a divorce, a family law attorney will:
If both parties are ending the marriage on amicable terms, a family attorney should guide you through the court system and inform you of your rights and responsibilities. If the divorce is contentious, a family law attorney will need to fight for your interests.
Alimony, also referred to as spousal support, is regulated by state laws. Some of the factors that may aid in determining alimony payments include:
Your lawyer should work towards the best outcome for you, whether that is getting you the spousal support you are legally entitled to or protecting you from the other party’s overreach.
Pre-nuptial agreements, also referred to as prenups, are created prior to marriage. They outline all property and assets of both parties and establish what happens to them in the event of divorce. These must be done according to state laws. For example, in Maryland, including child custody or child support payments within a pre-nuptial agreement is not permitted. When crafted a certain way, prenups can be more or less enforceable. A similar document can be created after marriage, called a post-nuptial agreement.
A family law attorney is always necessary to help you determine child custody and support payments.
In cases where an agreement cannot be reached, the court will use its state’s specific formula to calculate the appropriate custody or child support.
Family attorneys collect information on income reporting, health care and living expenses of the children, allowable deductions, and, in contentious cases, if the other party is hiding resources or is intentionally unemployed or underemployed.
In situations where child custody arrangements and court-ordered child support have been violated, a family law attorney gathers important facts and information and presents it to the court, including various paperwork to compel the other party to follow the plan. When a parenting plan created outside of the court doesn’t work according to plan, a family attorney will begin the necessary steps to create a court-recognized custody agreement. This includes legal paperwork to ensure the safety of a child.
Factors of child custody and support payments is highly dependent upon local laws. A family attorney can inform you of what to expect and may be able to provide insight into how your particular court typically functions. If you’re curious about the factors in Maryland that determine child support, please refer to our blog post here.
In cases where a family member or concerned citizen suspect that a child is not being properly cared for, they may choose to report abuse or neglect. Reports of abuse or neglect can create a custody case while relevant protective bodies (CPS or DCFS) investigate the claims. A family attorney can help sift through the facts and negotiate emotionally charged and complicated custody cases.
Family attorneys can represent the child, reporting party, or accused party. They may represent parents who have complied with the court requirements and are ready to for the child to be returned to their home.
Because the practice area of family law is broad, some family attorneys choose to specialize mostly in one particular area, such as divorce or adoption law. However, family lawyers must have a broad set of legal skills to competently represent the interests of their clients. Family legal matters are often intensely emotional, and it’s difficult to wade through the legal system when cases are emotionally charged. A good family law attorney can help ease the stress a little by guiding you through incredibly sensitive cases.
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]]>The post How Can I Enforce Child Support in Maryland? appeared first on The Machin Law Firm, LLC.
]]>For the purposes of this article, we will refer to the parent paying child support as the non-custodial parent. The parent receiving child support payments will be referred to as the custodial parent.
Sometimes, co-parents come to an agreement regarding child support outside of the courts. Although this can work well in certain situations, the custodial parent is left with almost no enforcement resources should the non-custodial parent stop making payments.
The prospect of finding an attorney, going to court, and establishing court-ordered child support payments may seem tedious, but Maryland courts simply cannot help you enforce child support unless you have gone through the proper channels. If you have a verbal agreement with a non-custodial spouse who has stopped making timely payments, applying for child support through the court will be your first step.
This is a common question from frustrated custodial parents. In Maryland, you may not deny visitation if child support payments are in arrears. If you choose to deny visitation, you could be in violation of your custody agreement, putting yourself at risk. The consequences of a custody violation can include a modification of your current custody order and/or being forced to pay the legal fees of the other parent.
Instead, it’s best to engage in the official process and allow it to work as it should.
Once child support payments are established by the court, the Maryland Child Support Administration (CSA) takes over. Their main objective is ensuring smooth child support transactions and communication between parents. The Maryland Child Support Enforcement Administration (CSEA) oversees accounts that are in arrears.
The following methods are available to the CSEA to enforce child support.
Federal and State Income Tax Offset
Maryland federal and state laws authorize the CSEA to intercept federal and state income tax refunds. In this case, the refunds would be rerouted from the non-custodial parent to the custodial parent.
For example, if the non-custodial parent is ordered to pay $250 per month and they don’t pay for two months (owing $500), their federal and state income tax refund can be intercepted.
Passport and License Suspension
Administrative Passport Denial
Driver’s License Suspension
Professional License Suspension
Wage Garnishment, Liens, Credit Bureau Reporting
Maryland has a database with records of child support orders, flagging accounts that are in arrears. Employers are required to report new hires within 20 days. If an employee matches with someone in the child support database and the account is past due, a wage withholding order is sent to the employer. Employers can garnish wages of any employee with overdue child support accounts. Maryland’s tracking system prevents non-custodial parents from avoiding wage garnishment, even if they frequently switch jobs. If the non-custodial parent is receiving unemployment insurance or worker’s compensation payments, these can also be rerouted to the custodial parent.
In some cases, a lien may be placed on property, resulting in the forced sale of assets to bring an account up to date.
The CSEA is also permitted to report delinquent accounts to a consumer credit reporting agency, impacting the non-custodial parent’s credit score until the overdue amount is paid.
Contempt
If the court finds that a non-custodial parent is in a financial position to pay the court-ordered child support but has chosen not to, a judge can hold the non-custodial parent in contempt. The consequences of being held in contempt depend highly on the circumstances, but can result in the judge issuing a warning, imposing fines, or ordering incarceration.
Walking the line between peacefully co-parenting and advocating for your child can feel overwhelming. Although the systems created by the Maryland family court are designed to shoulder some of a custodial parent’s burden, they can be difficult to navigate on your own.
An experienced family law attorney will understand the complicated processes of filing legal documents, attending court appointments, and following up with relevant court contacts. They will keep you informed of each upcoming step so that you know what to expect. Having an experienced professional by your side can ease some of your stress while you pursue what your child is owed.
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]]>The post Can You Get an Immediate Divorce in Maryland? appeared first on The Machin Law Firm, LLC.
]]>The grounds for an absolute divorce will impact the timeframe, as some require a waiting period and others do not. Some grounds will also affect alimony, child support payments, and child custody. Here, we will cover some of these grounds and what you can expect when seeking an absolute divorce.
To obtain and absolute divorce, one spouse must prove at least one legally accepted reason for divorce, otherwise known as a “ground.” There are two categories of grounds. The first is “No Fault,” and other is grounds based on the “fault” of a spouse. When filing for divorce, you may claim more than one ground, and some grounds require a waiting period before the divorce is finalized.
In Maryland, there are seven accepted fault grounds for an absolute divorce. Adultery, desertion, conviction of certain crimes, insanity, cruelty, and excessively vicious conduct. Below, we cover what you can expect when filing divorce under the grounds of adultery or desertion.
Adultery
Actual desertion
Constructive desertion
The time periods of a divorce in Maryland are highly situational. It could be a few months, but it could also take years depending on the circumstances. Although grounds such as adultery do not require a waiting period, they do require a lot of evidence. Compiling enough compelling evidence can take some time. Understanding the exact requirements for your divorce is an important step in saving yourself time and hassle. Our divorce lawyers are skilled in divorce negotiations, mediation, and litigation. Contact The Machin Law Firm today, we can help guide you through the Maryland’s complex divorce laws.
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]]>The post Factors Used to Determine Child Custody in Maryland appeared first on The Machin Law Firm, LLC.
]]>Child custody decisions are based on what is in the best interests of the child. To determine what is best for the child, a series of factors are evaluated. A number of child custody factors may be considered when determining child custody in Maryland including:
These factors are used to guide child custody decisions. They help the family law court and divorcing parents determine who will have physical custody of the child, if the parents will share custody and who will have legal custody of the child. The child custody process can be understandably emotional for parents which is why they should understand how these factors are used to develop a child custody plan that is in the best interests of the child.
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]]>The post Divorce and How Parenting Plans Should Be Addressed in Maryland appeared first on The Machin Law Firm, LLC.
]]>The parents will have their own perspective as to the best strategy for a parenting plan. A crucial part of the plan will be who has legal custody – also known as decision-making authority. This encompasses all areas of the child’s life including education, medical care and treatment, what religion will be followed, and which extracurricular activities the child will take part in. Any could stoke disagreement. For example, one parent might find playing a contact sport like tackle football acceptable, but the other might not. This and other problems must be navigated.
For many divorced couples, communication could be emotionally wrenching. When it comes to the children, they should get beyond their personal feelings and agree to communicate for the good of the child. The child must also have regular communication with the other parent.
Information regarding the child’s schooling, medical care, emergency contact and decision making will be vital. This should be detailed in the plan. Physical custody will say when the child will be with which parent. If a parent wants the child for the summer and for holidays, it is useful to have a comprehensive agreement to avoid constant battles.
Any aspect of a divorce can be difficult whether it is related to custody, support and property division. Children are an especially worrisome topic as the parties will want a strong say in all areas of the child’s life and spend as much time with the child as is reasonably possible. For these and any other concerns in a family law case, having legal advice may be key. Calling for a consultation from the beginning is a wise first step.
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]]>The post How to Go About a Child Custody or Child Support Modification appeared first on The Machin Law Firm, LLC.
]]>As soon as the parent requesting a child support or child custody modification knows that they will need a modification, they should request one from the family law court. Acting fast will help the requesting parent seek them modification they need.
If possible, the parents are encouraged to work together to resolve child support and child custody concerns. If they are unable to do so, the family law system is available to help. Additionally, both parents should abide by existing child support and child custody orders until any agreement or change is approved by the family law court.
In general, a child support modification or child custody modification may be granted if there has been a significant change in circumstances such as a job loss. The parent requesting the modification will need to be able to document the significant change in circumstances upon which the change is being requested.
Parents must keep in mind that they need to continue to abide by their existing child support order or child custody arrangement until any changes have been made or approved by the family law court. This is one reason they should act promptly if they know a modification is needed.
The family law process serves as a resource to divorced parents to help them with their child support an child custody concerns. Understanding when and how they may be able to request a child support modification or child custody modification is useful information for parents to have
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]]>The post Maryland Revisions Impact Property Tax, Child Custody and Support appeared first on The Machin Law Firm, LLC.
]]>The Maryland General Assembly enacted several changes during the 2020 legislative session that will ultimately impact service members as well as retirees and their families. Specifically, these changes will impact the areas of property taxes, child support and child custody.
With regards to property taxes, these changes give local governments the authority to grant a property tax credit for the primary residence of certain disabled veterans. Furthermore, this bill also provides the authority to continue providing property tax credit to the surviving spouses of a veteran. Lastly, it extended the eligibility for local property credit for Veterans under the age of 65.
Significant changes were made to both child support and custody. Child custody is either sole or shared, and the definition of shared has been changed. Previously, a parent needed to spend 35% or 128 overnights to qualify for shared custody. This has been changed to 25% of the time or 92 overnights. Thus, sole custody only applies if a parent has less than 25% of the time or 92 overnights.
With regards to child support, the combined monthly income maximum has increased from $15,000 to $30,000 per month. This means that the court will have the authority to deviate from the guidelines if the combined monthly income of the parents is greater than $30,000. In other words, the court will have discretion when it comes to deciding child support obligations.
Navigating a divorce and family law matters can be challenging. Thus, it is important to fully understand the matter at hand and whether changes in legislation may impact the overall decision. This information could help a divorcing spouse protect their legal rights while moving forward with their matter.
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]]>The post What Are the Two Types of Divorce in Maryland? appeared first on The Machin Law Firm, LLC.
]]>In a limited divorce, you and your spouse will settle certain divorce issues, such as child custody or financial issues. However, a limited divorce does not dissolve your marriage. Some spouses pursue a limited divorce, if they live apart with the intention to divorce and want to settle certain issues before they are eligible for an absolute divorce.
There are various reasons or “grounds” a limited divorce can be based on. These include separation for a certain amount of time, cruelty or desertion.
An absolute divorce is what most people picture when they think of divorce. An absolute divorce settles all divorce issues and legally dissolves the marriage, freeing both spouses to remarry if they choose.
There are several grounds an absolute divorce can be based on. Separation, meaning you and your spouse do not live together for a certain amount of time as dictated in Maryland law because you want divorce and do not have sexual relations with one another while separated, this could be a ground for divorce.
Mutual consent to divorce — also referred to as a no-fault divorce — is another ground for an absolute divorce. Other grounds for an absolute divorce include adultery, imprisonment and insanity.
Ultimately, this post is for informational purposes and does not contain legal advice. Every divorce is unique. Therefore, those in the Rockville area contemplating divorce may want to seek professional advice, so they can make informed decisions moving forward.
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]]>The post Avoid These Three Financial Mistakes When Getting a Divorce appeared first on The Machin Law Firm, LLC.
]]>It may be tempting to try to keep the family home in a divorce. After all, the marital home may be a couple’s most valuable asset, and if the couple has children, the parent awarded custody may want to continue raising their child in the home they are familiar with.
However, homeownership is costly. If you want to keep the family home, you need to make sure you can afford the mortgage, upkeep, homeowner’s insurance and property taxes on a single income. It is all too easy to wind up “house poor” if you do not keep these expenses in mind when going through a divorce.
The Internal Revenue Service plays a role in a divorce that many people do not anticipate. For example, if you choose to sell the family home, depending on how much is made from the sale, you could be responsible for paying capital gains taxes. Or if you have stocks or other investments that appreciate, you may be responsible for paying taxes on the gains that go above the cost basis.
Budgeting for your life post-divorce is essential. You may be moving from a dual-income household to a single income. Or, if you stayed out of the workforce while married, you are now facing the prospect of having to find a job that pays enough to support you. Whether you will be paying or receiving spousal support and child support is also important to keep in mind. Ultimately, you should plan for the possibility that you will have a lower household income post-divorce than you had while married.
Ultimately, divorce legal issues such as property division, child support and spousal support can impact your finances post-divorce. For this reason, it is important to seek the assistance necessary to understand your rights and options in a divorce. Family law attorneys may be a useful resource in such endeavors.
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