Child Support

Social Media and Maryland Divorce Don’t Mix

March 21, 2014 | by Anthony A. Fatemi, LLC

In spite of an increasing number of headlines involving people whose social media use has endangered their lawsuits, Americans continue to post incriminating information on Facebook, Twitter, Instagram and other social networks. In fact, according to the Pew Research Center, as of September 2013, 73% of adults online in America use social networks. Unfortunately a feature of social networking is its ease; because it’s so easy to connect with others, most people don’t think very carefully before they post or tweet. A Maryland divorce, alimony, child custody and divorce battles can be put in jeopardy by the information your soon-to-be-ex-spouse or a family law attorney finds about your on Twitter.

In the past, couples would hire private detectives to find out whether their spouse had cheated or had other secrets that could result in is getting easier and easier to catch litigants in lies. Often this is no longer necessary because people willingly share information that can damage them on social media.

If you are going through a divorce, you should either close your social media accounts or simply take a break from them. Privacy filters are unlikely to be of much help in a divorce case. One reason for this is that couples share a lot of common friends. It is very easy to think that you have gotten “custody” of a particular friend and be wrong. A friend may casually mention something to your spouse not knowing it is information that will hurt you.

Petition for Contempt in Maryland

March 15, 2014 | by Anthony A. Fatemi, LLC

What happens if your spouse refuses to pay child support or is unable to pay child support? Recently, a Maryland Circuit Court held a man in constructive civil contempt for failing to pay child support. While no sanction was ordered, the court did order the man to pay $300 every month to cure his child support arrearage (the back payments of child support). The man was also required to give information about his job search to the court and the woman’s attorney on a regular basis (called a “purge provision”).

The man did not comply and as a result the court ordered his incarceration for 179 days. The man filed a motion to modify the child support obligation a the same time. The master who heard the motion found the man was currently unemployed but recommended a reduction in the child support payments from $1000 to $708.

The man filed exceptions, which were sustained by the court. The court did not issue a new child support order, instead considering another motion to modify. Six months later, the court considered another motion to modify and again sent the issue to the master to take evidence. In the same order, the man was sanctioned with incarceration. He appealed on five grounds, which the appellate court collapsed into three questions. Continue reading

Personal Injury Settlements in the Context of Child Support Arrearages

January 5, 2014 | by Anthony A. Fatemi, LLC

Maryland has a strong policy supporting child support payments. Typically a custodial parent can ask to have the other parent’s wages garnished when the other parent fails to pay court-mandated child support. However, not all of the other parent’s funds can be garnished to pay off child support arrearages. In a 2010 case, a male custodial parent of two minors tried to garnish funds held by his wife’ s law firm. The money held by the law firm was compensation for a personal injury.

The Circuit Court held that money recovered from a personal injury lawsuit is exempt from garnishment. The ex-husband appealed. The Court of Special Appeals affirmed. The Court of Appeals reviewed the question of whether the personal injury settlement money is exempt from execution on a judgment.

The couple had married in 1985 and, after having two children, got a divorce. The court at that time did not provide for child support. A few years later, however, the mother was ordered to pay child support in the amount of $533.61 every month to the father who was the custodial parent. Continue reading

When Can A Maryland Man Ask the Court for Genetic Paternity Testing?

July 16, 2013 | by Anthony A. Fatemi, LLC

In Maryland, there are two statutory schemes that govern whether paternity testing should occur. One of them, the Paternity subtitle of the Family Law Article, describes procedures that allow the state to establish paternity and require fathers to pay child support.

Under this section, there is a presumption that a child is the child of the man to whom the mother was married when he or she was conceived. This presumption can be rebutted. The mother, father or child can be required to take a blood or genetic test to see if the person being claimed to be the father may be excluded.

The Estates and Trusts Article presumes that the child born or conceived during a couple’s marriage is the legitimate child of each spouse. The purpose of the presumption is to reduce the cost of administering an estate. The trial court has the discretion to decide whether testing requested by a motion is in the child’s best interests or not. Continue reading

Who is Considered an Adult Destitute Child Under Maryland Law?

July 9, 2013 | by Anthony A. Fatemi, LLC

Under Maryland law, parents are required to provide for their “adult destitute children”. “Adult destitute children” are adult children with mental or physical disabilities that make it difficult for them to obtain sufficient income to be able to meet their reasonable living expenses. The court examines assets, eligibility for disability and earning capacity to determine whether a person qualifies for this label.

A parent who divorces must be aware that the statutory child support guidelines apply not only to their minor children, but also their adult destitute child or children. In the case of an adult destitute child, there may be special needs, such as medical or training needs that a court will need to consider. Sums an adult destitute child receives, such as disability dependency benefits, may be set off against the support obligation. Parents may elect to make payments into trusts in order to avoid reducing the adult destitute child’s public benefits. Continue reading

When Can A Maryland Parent Stop Paying Child Support?

June 26, 2013 | by Anthony A. Fatemi, LLC

There are child support guidelines that govern how child support is awarded in Maryland. The guidelines require that a trial court determine each parent’s monthly adjusted income.

Before October 1, 2010, the child support would be calculated with the guidelines only if the parents’ monthly income did not equal $10,000 or more when added together. If the parents had more than $10,000 monthly income, the court exercised its discretion. After October 2010, the sum was increased to a $15,000 monthly income.

Under Maryland law, a child who is eighteen and enrolled in secondary school has the right to receive support until one of the follow occurs: (1) he or she graduates, (2) he or she turns 19, (3) he or she is emancipated or (4) he or she marries. While the conditions are relatively clear, a 2012 case considered what the statute means by “secondary school”. Continue reading