Child custody is one of the most difficult aspects of the divorce process. Ideally, child custody issues for families in Owings Mills may be resolved by the parents through mediation. But when the parents disagree, the judge will make the decisions regarding parenting arrangements. The preferences of the minor child may play a role in the judge’s decision. However, it is not typically the only factor that a divorce judge will consider. The judge will give greater weight to the preferences of the child when that child displays maturity and offers a well-reasoned explanation of why one parent is preferred over the other. Superficial reasons such as fewer rules at one house will not help a child’s case.

Even if a mature child has valid reasons why he or she prefers to primarily live with a particular parent, the judge is not likely to require the child to testify in court. Testifying in front of the parents can be psychologically damaging for a child of any age. Instead, the judge may decide to interview the child in chambers. Family lawyers may be present during the interview, but the parents will not be there.

After a divorce or legal separation, you and your ex will follow a court-ordered parenting plan. This document establishes the type of child custody that both parents will have and it specifies when the child will be with each parent. Visitation is difficult to adjust to for both parents and children, but as time passes, the arrangement will start to feel more normal. Remember that it is possible to petition for a modification of the visitation schedule as your child grows and situations change. Talk to a family law attorney near Owings Mills for guidance.

Maintaining a Routine

Try to imagine how difficult it must be for a child to live in two separate households with two separate routines and sets of rules. Consistency across both households will help your child feel more secure and may even curb problematic behaviors as he or she grows older. Ideally, you and your ex can maintain similar daily routines and household rules, such as finishing homework before playtime and having dinner by a certain time.

Feeling at Home

If you’re the parent who moved out of the family home, you have the added challenge of helping your child feel at home in the new residence. Your child should have a bedroom of his or her own. Your child should arrange and decorate the bedroom to take ownership of the space. Extravagance is not necessary, but comfort is. Resist the temptation to purchase lots of new toys for your child for the purpose of distracting him or her from the new arrangement. Instead, focus on spending quality time together enjoying activities that you would normally do with your child.

Handling Overnights

Overnight visitation can be stressful for young children, particularly during school breaks when a child might live away from the primary residence for a week or longer. Do not take it as an insult if your child expresses homesickness or misses the other parent. Encourage your child to share these feelings openly and offer judgment-free reassurances.

Staying Connected

Children should always feel free to contact either of their parents regardless of which parent they are currently with. Phone calls, text messaging, and video calls strengthen the child’s relationship with each parent. Whenever it’s practical to do so, give your child privacy as he or she chats with the other parent.

Filing taxes after a divorce can be complex, particularly if alimony payments are involved. Your divorce lawyer in Owning Mills can offer advice about filing your taxes after a divorce. This video addresses a common question that people have about alimony and taxes.

Generally, alimony payments are taxable income for the recipient and deductible expenses for the person paying the alimony. If you are the person paying the alimony, you will need to include the Social Security number of your ex on your taxes so the IRS can determine where those payments are going. If you are unsure about how alimony and other aspects of your divorce may impact your taxes, ask your divorce lawyer for advice or a referral to a tax professional.

If you are a victim of domestic violence, you have the right to consult a family attorney in Owings Mills to discuss your legal rights and options. Your attorney can advise you of recent changes to domestic violence laws in Maryland , which took effect late in 2014. Prior to the passage of the new laws, Maryland had been the only state that required domestic violence victims to meet the standard of “clear and convincing evidence” before a protective order is granted. Now, your attorney must only show that there is a “preponderance of the evidence.” In other words, it’s easier for domestic violence victims to obtain an order of protection.

Another of the recent laws adds second-degree assault to the list of criminal offenses for which victims can request a protective order that is permanent in nature. Domestic violence victims should be sure to inform their family lawyer if a minor child was present during an act of violence. The third new law allows for enhanced penalties in these circumstances.

When you consult a family attorney in Owings Mills, one of the questions you will be asked is whether you plan to seek spousal support or alimony . If not, your divorce attorney will consider the likelihood that the court will order you to pay alimony to your soon-to-be ex-spouse. The court has broad discretion in deciding whether to award alimony. The judge will consider all relevant factors to establish a fair and equitable award.

Prior Agreements

It’s always best to consult a divorce attorney before making any agreements directly with your spouse or your spouse’s lawyer. If you sign any agreement regarding spousal support, the court is likely to be bound by the terms of that document. And after a divorce is finalized, you forfeit your right to seek alimony. For example, if you signed an agreement stating that you would not seek alimony and the court is bound by this agreement, you cannot request spousal support later on.

Marital Factors

When considering whether to order alimony payments, the court is likely to consider marital factors such as the length of the marriage. There is generally a greater likelihood of awarding alimony if the marriage was substantial in duration. The court might also consider the circumstances that led to the breakdown of the marriage.

Personal Finances

The financial resources of each spouse will be carefully considered in every alimony decision. The court will consider the assets and needs of each spouse. For instance, if one spouse demonstrates a need for spousal support, the judge will consider the ability of the other spouse to pay alimony. The standard of living that each spouse enjoyed during the marriage is another relevant factor. The judge can also consider the monetary contributions that each spouse made to the family during the marriage.

Earning Capacity

It is not uncommon for one spouse to demonstrate a poor earning history during the marriage if that spouse agreed to relocate or otherwise stop working for the sake of the career of the other spouse. Because of this and other factors, the judge will consider each spouse’s earning history in light of his or her earning capacity. In some cases, one spouse is awarded rehabilitative alimony, which is intended to provide for education or vocational training to improve the earning capacity of that spouse.

If you consult a personal injury lawyer in Owings Mills after you’ve been hurt in an accident, you may hear the term “negligence” frequently. As your accident lawyer can advise you, the legal concept of negligence can play an integral role in your claim. Your accident lawyer will need to prove that the other party acted in a negligent manner and that these negligent actions directly led to your injuries or other damages.

When you watch this video, you’ll hear a professional discuss the legal definition of negligence. She explains that a person is found to be negligent if he or she has acted in a manner that departs from the standard of conduct expected of a reasonable person acting in similar circumstances. For example, your accident lawyer may argue that the other driver was negligent because he or she failed to reduce the vehicle’s speed in unsafe weather.

When one spouse is financially dependent on the other during a marriage, the issue of spousal support through alimony payments is determined during the divorce process. Alimony payments may be required only during the divorce process, or for a definite or even indefinite time after the marriage has ended, depending on the needs of the dependent spouse and the financial status of the supportive spouse, amongst other things.

To determine the amount and type of alimony required, a judge will consider factors such as the length of the marriage, the ages of both parties seeking the divorce, and the ability of the dependent spouse to become financially self-supporting in the future. If you believe you should receive alimony or you are concerned about the amount of alimony your spouse is requesting following your divorce, it’s important to seek the help of an experienced family attorney near Owings Mills. Your family lawyer will use his knowledge of alimony laws to ensure the correct amount of spousal support is mandated before your divorce is finalized.

Alimony is financial support awarded to one spouse during divorce proceedings to allow him or her to maintain a certain standard of living after the marriage ends. Because alimony is often a very contentious issue, you will need a divorce attorney in Owings Mills to argue for the right kind of alimony for you.

There are a few different types of alimony. Alimony pendente lite is paid during the divorce process but does not ensure that alimony will be awarded when the divorce is complete. Rehabilitative alimony, which is the most common form, is paid post-divorce for a specific period of time to allow the recipient to complete education or job training that will allow him or her to become self-sufficient. Indefinite alimony is typically only awarded if the recipient has an illness or disability that prevents him or her from become self-sufficient. It is also awarded if the court determines that one party’s living standard is significantly disparate from his or her ex. Rehabilitative alimony can be modifiable or non-modifiable, meaning the court may not be able to make any changes to it once it is ordered. However, indefinite alimony is generally modifiable. A divorce lawyer can help you understand which type of alimony is best suited to your needs under Maryland law.

Alimony laws are intended to help spouses maintain a comparable standard of living that was enjoyed during the marriage. Typically, the intention of alimony is to allow the lesser earning spouse the opportunity to become self-sufficient after the marriage. If a divorce judge awards alimony to one spouse, these payments are completely separate from a child support order. If you intend on seeking alimony from your spouse or your spouse is seeking payments from you, contact an alimony lawyer located in Baltimore County for guidance.

What happens if spouses make an out-of-court agreement?

It’s highly advisable to avoid signing any type of agreement with your spouse before discussing the matter with a divorce lawyer. If you do make an out-of-court agreement with your spouse, the court is generally bound to honor that agreement.

Can I seek alimony after I’m already divorced?

After your divorce is finalized, neither ex-spouse can initiate a new request for alimony. If alimony has already been ordered, it may be possible to petition for a modification of alimony payments. Consider talking to your divorce lawyer if you experience a significant change in financial circumstances that might prompt an alimony modification.

What will the court consider when ordering alimony?

There are a range of factors the court will evaluate when deciding whether or not to award alimony to a spouse. Primarily, the judge will consider the ability of each party to be self-supporting, the standard of living enjoyed during the marriage, and any agreement that was already made between the spouses. The court can consider each party’s financial needs and resources, the time necessary for a spouse to receive education or vocational training, the parties’ respective ages, their health, and the mental and physical capabilities of each spouse.

Are there any tax consequences for alimony payments?

Unlike child support-which is neither taxable nor tax deductible-alimony does have tax consequences. Generally, the payor can deduct alimony payments on his or her tax return and the alimony recipient must report it as income.

Does the court enforce alimony payments?

If the court has issued an alimony order or decree, then the court can also enforce that order. If an ex-spouse does not remit alimony payments, the court may decide to hold that person in contempt of court.

If you’re going through a divorce, you may need to discuss alimony laws in Owings Mills , or anywhere in the Baltimore metro region, with your divorce lawyer. Alimony is typically awarded based upon the financial resources of each partner, including assets, income, expenses, benefits, and bonuses. Here is some advice for negotiating an alimony settlement during your divorce proceedings.

Evaluate Your Spouse’s Resources

The judge presiding over your divorce case will use financial records to determine how much alimony you should be awarded. Even in an uncontested divorce, you and your spouse will need to file financial affidavits with the court that detail your financial resources and expenses. These affidavits will determine both your spouse’s ability to pay, and your own financial needs. These affidavits should detail you and your spouse’s separate assets, your individual monthly income and expenses, and any regular bonuses, benefits, or overtime wages that either of you receive. They should also include an itemization of money that is in stock portfolios, IRA accounts, and any other savings or investment accounts that either of you hold.

Evaluate Your Needs and Expenses

You and your divorce lawyer will then need to evaluate your personal needs and anticipated expenses. You should look at the difference between your monthly income and your monthly expenses, and then compare it to the financial resources that you have, and your spouse’s financial resources. There is no standard formula used in alimony negotiations to determine the appropriate amount of alimony that should be awarded. Your divorce lawyer will just have to ask for the amount that you believe you will need in order to meet your expenses.

Consider Your Child Support Award

Child support orders are separate from alimony orders, but you should still consider your childcare expenses when negotiating alimony. You cannot include child support expenses in your alimony request. Instead, you should factor in the additional monetary support you will receive for child support in an effort to ensure your alimony request is fair. Your spouse cannot reduce the amount of child support that he pays in order to increase your alimony award, however.