When a married couple has a baby in Maryland, each person in the couple is automatically viewed as being the legal parents of the baby. They automatically have the rights and obligations of parenthood. However, when a couple is not married, only the mother is automatically recognized as a parent…
Calculation of pension division can be challenging. Typically a formula called “the Bangs formula” is used, but application of the formula can be complicated. In a 2010 case, a husband and wife divorced and reached a settlement agreement about all child custody, child support, and property division issues. The agreement was…
Parents cannot make agreements not to support their children in Maryland. Parents are legally obligated to support their child in an amount proportionate to their gross earnings. In making determinations about children and child support, the court looks at the child’s best interest. The Child Support Guidelines tell parents how…
Who decides custody if two parents or two other people with an interest in custody of a child live in two different states? Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), a court in a child’s home state has exclusive jurisdiction to initially determine child custody. What is…
Failure to pay child support can result in serious consequences. Maryland has a strong policy disfavoring those who avoid their child support obligations. However, there are a number of technical rules and time limitations that apply in order to compel a parent to pay child support arrearages. In a 2009…
In a 2008 case, a husband and wife were married in North Carolina in 1994 and had two kids. The wife filed for limited divorce in 2005. The case was tried in 2006-2007. In 2007, a judgment of absolute divorce was granted on the grounds that the wife had committed…
In an interesting recent case, a Maryland wife opposed her husband’s request for divorce based on a 12-month separation. The basis for her opposition was that she had continued to have phone sex with the husband while they were separated. Under Section 7-103(a)(4) of the Family Law Article, a Maryland…
In a 2010 case, a couple were cohabiting on a piece of real property, but were not married. They were romantically involved for 14 years and were engaged at one point, but postponed their wedding due to the plaintiff’s brother’s death. They lived with the plaintiff’s mother for about three…
In a recent case, a woman who had married in 1995 and had two sons filed for divorce in 2009. The husband was a physical education teacher. The wife later claimed the husband spent most of his time with somebody she thought was his girlfriend. She testified she was the…
In a recent case, a Maryland wife sued for divorce in 2010. The husband countersued shortly thereafter, but the following year, he mother dismissed the original suit and brought a new one requesting alimony, child support and monetary award. Both husband and wife were lawyers. The wife stopped working when…