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MARYLAND SPOUSAL SUPPORT

MARYLAND SPOUSAL SUPPORT

When a couple divorces or separates, a Maryland court may order one spouse to pay the other spouse regular monthly payments. Alimony should not get confused for child support because although both of these payments can be given to a certain individual, they serve different purposes.

There are three types of alimony:

  • The first is known as alimony pendent lite, which is a temporary payment made while the case is pending.
  • Rehabilitative alimony is payment for a definite period of time to allow the spouse to become self-supporting.
  • And the last type, indefinite, is referred to a permanent alimony.
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GRANDPARENT & 3RD PARTY CUSTODY

GRANDPARENT & 3RD PARTY CUSTODY

Maryland law allows grandparents and third parties to petition for visitation or custody, provided they can prove parental unfitness or exceptional circumstances. Courts prioritize the child’s best interests, considering factors like the child’s relationship with the third party and emotional stability. Grandparents are treated as third parties, with no preference over others seeking custody.

Custody in Maryland is not permanent and can be modified as situations evolve. Types of custody include legal, physical, joint, and sole custody. The court process typically involves pre-trial conferences, mediation, and possibly evaluations to determine custody arrangements and visitation schedules.

Each case is unique, and seeking advice from an experienced Maryland family law attorney is essential to navigating these complex matters.

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CHILD SUPPORT, ENFORCEMENT & CUSTODY

CHILD SUPPORT, ENFORCEMENT & CUSTODY

Child support is a court-ordered payment requiring the noncustodial parent to pay child support to the custodial parent. Typically for ordinary expenses of food, shelter, clothing, education and medication needs for the children only. In 1990, Maryland passed a law requiring the courts to use child support guidelines in all child support cases. The guidelines provide a formula to calculate your child support obligation.

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DESERTION AS A GROUND FOR DIVORCE

Divorce Lawyer in Maryland Explains Desertion as a Ground for Divorce In order to file for divorce in the state of Maryland, several requirements must be met. Unlike no fault states, Maryland requires a specific reason for divorce. If the married couple lives apart...

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ADOPTION IN MARYLAND

In the State of Maryland, “adoption is the creation of a parent-child relationship by a judicial order between people who are not a natural parent and a child” (The people’s Law Library of Maryland.) Under the law, once the court orders an adoption, it ends the parental rights and responsibilities of the natural parents.

Any adult who is not the natural parent may petition the court for an adoption. The petitioner may be single or married and is required to complete a 27-hour home study course. Maryland law also requires that the legal guardians of the person to be adopted consent to the adoption; and, if the child is over the age of 10, the child must also consent.

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MARYLAND FAMILY LAW, DIVORCE, LEGAL SEPARATION, ANNULMENTS & CUSTODY

An annulment is a decree establishing that the marriage between two parties never existed. The Maryland Family Court is dealt with deciding the validity of each annulment case and infrequently grants annulments. If the court decides to grant the annulment, it is considered that you and your spouse were never married. If you are seeking an annulment, it is advisable for you to speak with an experienced Maryland family law attorney at The Burton Firm. The standard of proof that must be met to prove an annulment is difficult to meet, but we are very familiar with the Maryland Family Law Court and know what judges and law to expect.

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LIMITED & ABSOLUTE DIVORCE

In the State of Maryland family law proceeding such as “legal separation” does not exist. Instead citizens of Maryland are offered two options: (1) limited divorce or (2) absolute divorce. Limited divorce is NOT permanent, absolute divorce IS permanent.

When a couple wishes to separate but are not ready to go through a full blown divorce proceeding, limited divorce is the remedy. This proceeding is very similar to a proceeding described as “legal separation” in other states. The court will recognize the decision of the parties to maintain separate housing or residences, bank accounts, but will stop short of dissolving a marriage. The proceeding of limited divorce may be helpful as a starting point while the parties work their way towards an absolute divorce.

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CHILD CUSTODY & VISITATION

Under Maryland law, both the father and mother are equally presumed to be the natural parent of their children, unlike some states that may give favor to the mother from the get-go. Custody and visitation rights are strictly granted specifically considering the best interest of the child or children. Other family members may seek custody of the children, but the favoritism is given to the natural mother and father. If you need assistance with determining visitation, make sure you speak to a Maryland child custody attorney.

Custody and visitation arrangements are never permanent; either parent may request a reassessment of the arrangements as circumstances change. This is accomplished through the petition of the Court for a Court order modification.

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MARYLAND CHILD SUPPORT GUIDELINES

When dealing with child support, the state of Maryland adopted a guideline measured by the income of the parties involved. The new Maryland law tops off at a combined adjusted annual income of $180,000 per annum or $15,000 per month. Keep in mind, child support will increase depending on the number of children involved. However, just with the old guidelines, the court will have discretion in setting the support level for the parties and individuals.

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HOW & WHY TO ESTABLISH PATERNITY

HOW & WHY TO ESTABLISH PATERNITY

Establishing paternity is crucial for ensuring a child’s legal rights and access to benefits. In Maryland, paternity is not automatically assigned to fathers, even if their name is on the birth certificate. Establishing paternity provides several advantages, including access to government benefits, health insurance, family health history, citizenship, financial support, and legal rights for the father. If paternity is disputed, DNA testing can be used to prove fatherhood. The Burton Firm in Maryland specializes in family law and can help individuals establish paternity to secure these rights. Contact them for a consultation to discuss your situation and determine the best course of action.

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