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Reasons to Avoid an Online Divorce
If you are about to get divorced, it can feel overwhelming. Even if the separation is agreed upon mutually, chances are there are many things in your life that will change as a result of the divorce. Though some people choose to get divorced online thinking that it will save them time and money, it can actually do more harm than good. Online divorce forms are simplistic, and do not take into account the nuances of your relationship, assets, and financial situation. By consulting a divorce attorney in Owings Mills , you can feel confident that your bests interests will be represented, resulting in a fair and timely divorce agreement. Check out this infographic to learn more about why you should work with a divorce lawyer instead of seeking a divorce online.
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How Is Child Support Determined?
Child support law is different from state to state, although parents in every state have a legal obligation to support their children. In Maryland, divorce law establishes a set of guidelines that the court is required to apply in order to arrive at the amount of the payment. When you consult a family law attorney near Pikesville, he or she can answer any questions you may have about divorce law and child support payments.
Completing a Financial Statement
The family court requires parents to complete a financial statement , sometimes referred to as a financial affidavit. This document is helpful for organizing your income and expenses. You will be required to provide accurate information about your total monthly income, alimony you are either paying or receiving, and child support you may already be receiving. You should expect to be required to provide documentation supporting these figures, so it is important that they are accurate. The financial statement also requests information on the child’s expenses, including the monthly health insurance premium, extraordinary monthly medical expenses, school and transportation costs, and monthly child care expenses. The child care expenses must arise from work needs. In other words, you can count payments to caregivers who watch your child during your work hours. Extraordinary medical expenses are those that are not covered by insurance and total more than $100 per condition or illness.
Evaluating Imputed Income
Imputed income is income that a spouse does not actually earn, but is capable of earning. In other words, if the other parent of your child chooses not to work, but is not considered disabled, the court may apply imputed income to the child support formula. In order to do so, the court must determine that the other parent is voluntarily impoverished. Evidence of voluntary impoverishment may include the parent’s medical records, level of education, job-seeking efforts, and work history.
Adjusting the Calculated Amount
The court uses all of these factors to calculate the amount of child support that the noncustodial parent is required to pay. However, if the parents have a combined income of more than $15,000 per month, the court is not required to follow this formula. Instead, the court can evaluate the needs of the children to establish an acceptable child support obligation.
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Types of Alimony
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.
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Contested vs. Uncontested Divorce
Under Maryland divorce laws, marriages can be ended through either contested or uncontested divorces. Uncontested divorces require the least amount of conflict and legal wrangling by divorce lawyers, but they are not appropriate for all cases. When you meet with a lawyer in Owings Mills about your divorce case, he or she will help you understand your options and determine which type of divorce is right for you. Here is a look at the differences between these two types of cases.
Contested Divorce
Contested divorces occur when the parties cannot agree on at least one aspect of the divorce agreement, such as division of property, child custody and support, and alimony. For a contested divorce, one person must file a divorce petition with the courts, and the divorce papers must be served to the other party, who then must answer the petition. Typically, a contested divorce will make an accusation that the one party in the marriage committed an act that is considered grounds for divorce under Maryland law, such as adultery or desertion. In the response, the other party must file a defense against those charges and may make counter-charges against the filing party. Contested divorce agreements are determined by a judge after a lengthy period of negotiations between divorce lawyers and, if then necessary, testimony by both parties. The decree issued by the judge, which can take up 18 months or more to receive, is binding and can only be changed through further legal proceedings.
Uncontested Divorce
An uncontested divorce is possible when both parties can agree with all of the issues surrounding the divorce. Although uncontested divorces must still be filed with the court, only one party usually needs to appear before a judge, and typically the court simply ratifies whatever agreement is put in place through negotiations between the two parties. Although giving a reason for the divorce is often required, most couples in uncontested divorces find it easiest to use the grounds of being voluntarily separated for one year, since it doesn’t put blame on either party specifically. Because uncontested divorces require less back and forth in the courts, they can often be completed in about three months.
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How Is Child Support Enforced?
Child support is one of the many issues that will be negotiated by your divorce lawyers in Ownings Mills when you end your marriage, but the agreement only works when the responsible party pays. What happens if child support payments aren’t made after divorce? Watch this video to learn more.
Child support agreements can be enforced through a court hearing in which your child support attorney can demonstrate that the payments are missing and your ex-spouse has an opportunity to show why he or she is not making payments. Child support groups also exist in each state to enforce child support law. Consult with your divorce attorney before pursuing any action to determine the best strategy for enforcing your support agreement.
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What to Expect in a Child Custody Dispute
A child custody dispute can be stressful for everyone involved because it often causes extremely emotional issues to surface. Going into a dispute with a focus on what is best for the children and the assistance of a child custody attorney near Owings Mills will help you navigate the issues surrounding this complicated part of the divorce process. When you enter into a dispute over child custody, here is a look at what you can expect.
Negotiation
In some cases, parents can negotiate a child custody agreement with the help of their divorce lawyers. During this negotiation, you will figure out issues such as which of the types of child custody is appropriate for your case, where and when the children will spend time and who is able to make decisions about the children’s lives, such as their schooling and healthcare. If both parents are civil with each other, often these negotiations facilitated by child custody lawyers are easier than going to court. If negotiation doesn’t work, then your attorney will seek a court date for a judge to hear your dispute.
Case Preparation
To prepare for your court date, your lawyer will gather information from you to support your argument for the type of custody agreement you want. Courts make decisions based on what is best for the child, so you may need to demonstrate that you have a stable home that gives children easy access to their school, friends, and activities. Showing that you have been the primary caregiver in the past or that your spouse is unable to provide the children with the care they need because of his or her work schedule or personal life is also helpful. Your attorney will carefully gather evidence to support your custody request.
Court Testimony
Your lawyer will present all of the information necessary to support your case to the court. You may also be called on to answer questions and to fight back against allegations made against you by your ex. Depending on the age of your children, the judge may also consider their preferences. Typically, judges seek this information in a private meeting away from each parent to put the child at ease.
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The Law Office of Kent L. Greenberg: Fighting for You
Since 1981, families throughout Owings Mills in need of divorce law guidance have turned to the Law Office of Kent L. Greenberg, P.A. Throughout his decades of experience handling divorce cases in and out of court, Mr. Greenberg has developed a reputation for personalized client care and exceptional attention to detail.
Our family court attorneys understand that every case involves unique challenges and requires a client-centered approach. We listen closely to our clients’ concerns and preferences, and develop effective strategies based on these issues and our in-depth understanding of divorce law in Maryland. In addition to family law, our practice provides exceptional legal representation for clients experiencing a number of other difficulties as well, including for those with personal injury cases and for those who have been accused of criminal offenses.
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Calculating Child Support
Since child support guidelines vary from state to state, Maryland parents are advised to consult family court attorneys regarding child support issues in Owings Mills. Divorce law requires family courts to develop child support orders in light of certain factors, such as the actual monthly income and adjusted income of each parent. The court will also consider child care expenses, health insurance costs, and extraordinary medical expenses of the child.
Hear more about divorce law as it applies to child support by watching this video or consulting your family attorney. This video explains that the court may consider the disparity in standards of living between households and the total number of children that the parents are responsible for supporting. Mostbet oynayın
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What to Know About Alimony Payments
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.
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Why DIY Divorces Are Disasters
Making the decision to end a marriage is never easy, but that doesn’t mean that it’s always contentious. In fact, many couples successfully reach an uncontested divorce settlement. If you and your spouse have realized that it’s time to part ways, you may be tempted to download the legal forms yourself and do a DIY divorce. Unfortunately, this is a recipe for disaster. Family law can be incredibly complex and only divorce lawyers serving Carroll and Baltimore Counties can prevent you from making mistakes that may cost you in the long run.
A family lawyer can advise you of the many nuances of family law that may not have even occurred to you, such as the potential tax penalties for dividing retirement assets and the possible legal consequences for moving your children to another state. Furthermore, your family law attorney will have a keen understanding of the local family court system, along with its many rules and procedures. Failing to abide by these rules and procedures because you avoided hiring a family law attorney may cause you to automatically waive your legal rights. It’s always advisable to protect yourself, your kids, and your assets by hiring a seasoned family law attorney.