Family Law Archives - Page 4 of 4 - Cynthia H. Clark & Associates, LLC

Can Divorce Orders Be Modified as Life Circumstances Change?

As time passes after a divorce is finalized there are almost always changes in circumstances in the lives of both parties as they get on with their separate lives. One party might receive a job offer in another state, or the other party might have a permanent change in work schedule that conflicts with the visitation schedule. When one or both of the parties wants to alter the final divorce decree they must petition the court for a post-decree modification.

There must be a substantial change in circumstances

In order to keep families from going to court every time there is some change in their lives, and also to promote a sense of stability, there must be a substantial change in circumstances before the court will consider a modification of the original divorce decree. For best results, wait at least a year if possible before attempting to get a modification for changes to:

Child support
Child custody
Spousal support
Visitation schedule

Why are child custody, support or spousal support orders commonly modified?

There are many changes that can take place in the lives of both co-parents that might require a modification of orders, including:

One parent wants to relocate more than 50 miles away
One parent wants to increase or decrease the amount of child support
Modification or termination of alimony payments
Serious injury or failing health
Drug or alcohol abuse in the child’s presence

If your former spouse has graduated and is now gainfully employed, if you lost your job and must decrease the amount you pay in child support or if your spouse wants to increase or decrease visitation with the child due to work constraints, these are all valid reasons to request a modification.

What is the process for post-decree modifications?

Working with a competent Maryland divorce attorney you file a petition for post-decree modification and then the court will schedule a hearing. Collect all of the evidence that you must present to the court to bolster your position. The judge will listen to both sides, consider the evidence that you present and make a modified ruling.

To learn more about what the criteria is for modifying a divorce decree or any other questions you might have about divorce, contact the law office of Cynthia H. Clark & Associates, LLC to schedule a consultation.

Divorce, Family Law, Legal Separation

Can I Live With My Spouse While I File for Divorce in Maryland?

The short answer is yes, but it’s a bit complicated. While Maryland does recognize no-fault divorce, you are not permitted to live in the same residence as your spouse while you are waiting for your no-fault divorce to become final. The law requires a 12-month separation for a no-fault divorce in Maryland. In extraordinary circumstances, you do, however, have other options if there moving out is just not an option given your particular circumstances.

Filing for absolute or limited divorce on fault grounds

While you can’t live under the same roof if you are filing for a no-fault divorce, Ricketts V. Ricketts set a precedent allowing for a divorcing couple to live in the same residence. You must live in different parts of the house, not share a bed or have marital relations if you file under the fault grounds of adultery, excessive cruelty or “constructive desertion.” By part of its definition, constructive desertion means that one party is refusing to have sexual relations with the other. If this is case, then there is no worry about violating the law that says there can be no marital relations. Note, however, that the burden of proof is on the person claiming the “fault” and it is not unusual for one spouse to contradict the other. Since this is not the kind of situation where there is a witness, proof can be difficult. If you successfully prove a fault ground for divorcee, under these circumstances the divorcing couple may remain in the same house until the divorce is final. During the one year waiting period the two will effectively be living separate lives under the same roof.

How is custody, spousal support and property division handled if both parties are living in the same household?

Here is where it gets complicated. The Maryland Court does not have jurisdiction to rule on which parent gets physical custody, who will have visitation, whether alimony will be awarded while the spouses are in the same house. While theoretically a court could make a decision on marital assets while the spouses are living in the same house it is not likely given the inter-relationships between the various financial issues. One party must move out before this part of the divorce process can continue.

As you can see, given that each situation is different and complicated, you should seek the advice of a Maryland divorce attorney. Divorce is a complicated process, and the decisions you make now will have a lasting impact on your future.

At Cynthia H. Clark & Associates, LLC, we offer individualized attention to our clients’ specific needs. Contact us today and schedule a consultation to discuss your case.

Family Law

What is Rehabilitative Alimony?

When it comes to alimony law, Maryland residents who are unfamiliar with the topic may have a lot of questions pertaining to various types of alimony and how or why a particular spouse might be required to pay it. One specific type of alimony that will be explained in preceding text is called rehabilitative alimony.

Rehabilitative alimony is a temporary form of spousal support. Generally, when courts award rehabilitative alimony to a divorced spouse, it is intended to assist the receiving spouse in getting back on his or her independent financial feet following the divorce. In some ways, rehabilitative and other types of alimony are a vital part of our legal system because they provide non-income-earning spouses with the financial freedom they need to end a toxic and/or abusive marriage.

In some marriages, one spouse will be the spouse who earns the income for the family while the other spouse takes care of home matters and possibly the children. In cases like this, where there is a dramatic income disparity, the lesser income-earning spouse may be able to win an award of rehabilitative alimony to pay for living expenses and education or training. The education and training is intended to help that spouse become more employable so that he or she can later provide financially for him or herself. This is why rehabilitative alimony is temporary. It is only intended to help the lesser moneyed spouse take the steps he or she need to become fully financially independent.

In order to determine if you or your soon-to-be ex-spouse might qualify for rehabilitative alimony in your Maryland divorce case, it is necessary to review the incomes of both spouses, non-marital assets, shared property, living standards maintained during the marriage and other vital information. Fortunately, individuals who are curious about rehabilitative alimony can seek assistance from a divorce attorney to help them navigate this often-complicated area of family law.

Family Law

Maryland Family Lawyers Thankful for Trust of Clients

We, at the Law Office of Paula J. Peters, P.A., have so many reasons to be thankful.

We are thankful for good health, and for the lives of loved ones gone and those who remain with us and enrich our lives daily.

We are thankful for our four-legged family members who love us without limits or conditions.

We are thankful for our clients who entrust us daily with their personal and important family law matters. We aspire to never violate your trust and to always strive to be worthy of your patronage.

We are thankful to be citizens of the United States of America and this great democracy that while imperfect in many ways strives to live out the promise of its founding documents and the hopes of all its people.

Last, but not least, we are thankful for our service men and women who sacrifice so many days away from their family members so that we enjoy the peace and tranquility of time spent with our loved ones here at home. May we never forget your sacrifices.

Happy Thanksgiving from our family to yours.

Family Law

Colts Owner Asked to Give Testimony in a Child Custody Dispute

Jim Isray, the owner of the Colts, has been ordered to give his testimony as part of a child support hearing. The father of the children in the child custody suit has asked for Isray to be barred from having contact with his kids. The mother of the children is currently living in a home that Isray owns. Their father believes that Isray is a drug addict and therefore, should not be allowed to see his kids.

In a letter written to the court, the father said that he does not want his children to be subjected to substance abuse behavior. He further wrote that money cannot buy self respect or morals.

According to court papers, the children were allegedly at home with their mother, in the house that Isray owns, when Isray was arrested for DUI just blocks away. The father of the children claims that the Colts owner’s court testimony will reveal what kind of conditions his children are forced to endure at their home. The man has also requested Isray’s medical records be presented as evidence of his addictions, which would negatively influence his children.

Parents in Maryland who are in the midst of a child custody disagreement with an ex-spouse who has a drug addiction problem may be able to use evidence of the addiction to their favor inchild custody proceedings. Maryland family courts always strive to make decisions in the best interest of the child, and in cases where children are in danger of being exposed to drug addiction and/or other types of unlawful behavior, the courts will make appropriate decisions to safeguard and protect the children from such exposure.

Source: Source: NBC Sports, “Jim Irsay ordered to testify in child custody case,” Michael David Smith, July 9, 2014

Drug Addiction, Family Law

Phillip Seymour Hoffman’s Addiction

Phillip Seymour Hoffman was one of the great talents in Hollywood. He was in some of my favorite movies: The Big Lebowski, Capote, Doubt, and The Talented Mr. Ripley to name a few. His death is a loss for all of us who love movies. His charm and “average guy” attitude were refreshing. His children attended public school in New York City and he continued to do theater roles in addition to the movies. He did not seem to be caught up in the glitter of Hollywood. Reports say he was devoted to his children. Given his success and the lifestyle he chose, I was shocked to learn of his problems.

His death is a dramatic example of the profound effect alcoholism and drug addiction has on our society. He got sober initially at the age of 22 after quite a party time in college. After all those years of sobriety and he began again to struggle. And he was not successful this time in beating the drugs. As the 12-Step programs say, it is “cunning, baffling and powerful.”

Just as I am shocked to learn of his heroin addiction, those of us who practice family law and who have some background in addictions see the profound effect of alcoholism and drug addiction on families. Many times a spouse comes in complaining about the alcohol and drug use of the other spouse. Many times a client comes in saying their spouse is complaining about his or her drinking or drug use. Many times a client describes behavior that is consistent with alcoholism and drug addiction but the client denies it. In far too few cases, one will get treatment to preserve the marriage and the family. But too often that doesn’t happen. Addicts and alcoholics (and, often their families) think that if a person excels at work and has never had a DWI there is no substance abuse. That is not the case.

Even more dramatic is the effect of alcohol and drugs on domestic violence. Sometimes the abuser gets drunk or high and beats his or her spouse. Sometimes, it is the spouse who gets drunk and the abuser is violent as a result of the frustration in dealing with the addiction and the repeated promises to stop. The effect on the family is profound. The effect on us as a society is profound.

In addition to the effect on the family of spouses with addictions, children also have drug and alcohol problems. I have had more than one case in which grandparents are trying to get custody of their grandchildren because their son or daughter has an addiction. Often, both of the child’s parents are addicted. The cases I see are “normal” middle-class families. It is surprising the frequency that the drug of choice is often heroin.

When I hear stories, I wonder why anyone did heroin the first time. I understand addictions well enough to understand why addicts continue to use drugs but knowing what we know about heroin’s rank on the addictiveness scale, what would make someone do it the first time?

As family law attorneys, we often hear what goes on behind closed doors outside the view of friends and family. People would be surprised at the things that we hear.. We practice in Annapolis, Maryland. Those who are not familiar with drug addiction would think that in a community like this, the problem does not exist. Drug addiction is not confined to low-income areas or people. People would be surprised at what happens in homes that appear to be “Leave It to Beaver” households. Alcoholism and drug abuse are much greater problems than many people think.

As I was shocked to learn of Phillip Seymour Hoffman’s struggle with drug addiction, people would be shocked to hear what we do as family lawyers. Our hearts go out to the partner, young children, and the family of Phillip Seymour Hoffman. Our hearts also go out to families everywhere who are struggling with the curse of drug addiction and alcoholism.