#FamilyFriday – How is Child Support Calculated?

Frequently parents are confused by the child support calculation when considering their other bills and obligations.  What many don’t realize is that in nearly all scenarios the amount of child support ordered is determined by a calculator and factors such as “I have student loans” or “I have rent to pay” don’t necessarily matter.

On this week’s #FamilyFriday article, the attorneys’ at ERA Law Group, LLC want to explain exactly how child support is calculated.  Frequently parents are confused by the child support calculation when considering their other bills and obligations.  What many don’t realize is that in nearly all scenarios the amount of child support ordered is determined by a calculator and factors such as “I have student loans” or “I have rent to pay” don’t necessarily matter.

Maryland uses a Child Support Guideline formula to calculate child support.  Both parents are required to complete a Financial Statement which outlines the various components of that formula.  First, the parents identify their actual monthly income.  This would include salary, Social Security benefits, alimony, etc.  Second, the parents then identify earlier child support or alimony obligations – per Court Order – which will reduce their actual monthly income.  This is called their adjusted monthly income.  Third, if there are any work related child care expenses, health insurance expenses, or extraordinary medical expenses such as braces, those will also be identified by both parents.

Once both parties’ have identified the above, the formula then predicts what percentage of the parents combined income would have been attributed to the child(ren) had they continued living together.  This number is then used to determine the “basic child support obligation.”  The additional factors such as work-related child care and health insurance are incorporated to determine the “total child support obligation” that the non-custodial parent would be responsible for paying to the custodial parent.  Some exceptions exist, such as, if a parent receives Social Security Income, food stamps, or transitional services which would not be considered actual monthly income.

If you or a loved one need help obtaining child support for your children, call ERA Law Group today at (410) 919-1790 or visit our website at www.eralawgroup.com!

#TuesdayTips: Effective Estate Planning

A proper estate plan should provide for the following: (1) the ability to control your property while you are alive and able, (2) planning for you and your loved ones should you become disabled, and (3) after you die, making sure your assets go to the people you love without unnecessary cost or delay. 

A proper estate plan should provide for the following: (1) the ability to control your property while you are alive and able, (2) planning for you and your loved ones should you become disabled, and (3) after you die, making sure your assets go to the people you love without unnecessary cost or delay.  Moreover, for an estate plan to be effective there needs to be proper asset ownership and control of the process.

Every person over the age of eighteen, at the very least, needs a financial power of attorney, a health care power of attorney, and a will.  The powers of attorney are for when you are alive but for whatever reason, are unable to manage your assets or make medical decisions for yourself.  Additionally, the health care power of attorney should include your wishes and instructions for life sustaining treatment should you be terminally ill, in a persistent vegetative state, or at the end-stage of a condition.  These powers of attorney terminate upon your death.  At that time, the will takes effect and your assets would be distributed in accordance with the terms of the will.

In addition to the powers of attorney and will, every estate plan should include long-term care planning.  With the advance of medicine, people are living longer; yet, most of us have not made ample provision for our future long-term care needs.  Creating an estate plan now ensures that you are in control of your future.

With that in mind, here are some questions you should consider:

  1. Do your current documents name individuals that you trust and who would be appropriate (e.g. a family member or other trustworthy person who lives nearby and who has the time and ability)? Have you named alternates?
  2. Does your financial power of attorney allow your agent to engage in asset preservation or long-term care planning?
  3. Who are the current beneficiaries under your will? Are they still alive?  Do you have alternates?
  4. Have you made provision for an underage beneficiary? Does your will provide for a disabled beneficiary?
  5. How are your assets titled and do they have beneficiary designations? If so, you need to review this information to make sure it coincides with your will.

The attorneys at ERA Law Group, LLC today are here to help.  Call today!

#FamilyFriday – Fast Track to Divorce

Many people get married and mutually agree that a divorce is what’s right for them.  A divorce by mutual consent allows parties to file for divorce so long as there are no minor children and there is an agreement as to all property issues.

On this week’s #FamilyFriday article, the attorneys at ERA Law Group, LLC want to help you get divorced and quick.  Many people get married and mutually agree that a divorce is what’s right for them.  Prior to 2015, if you wanted a divorce you had to wait at least one year.  The theory behind the wait period was to encourage partners to reconcile and hopefully avoid divorce.  Fortunately the law has caught up with reality and in many cases, when you know you know.

A divorce by mutual consent allows parties to file for divorce so long as there are no minor children and there is an agreement as to all property issues.  Determining whether you have minor children is easy but settling property can sometimes be difficult depending on the duration of the marriage and the property accrued.  You and your spouse want to discuss and settle issues related to any joint bank accounts, cars, real property, debt, retirement, and alimony before filing for divorce.  Hiring an attorney to draft the settlement agreement to ensure it contains all necessary contract language and covers all potential property disputes is important to make sure you truly have settled all property issues.  Additionally, sometimes parties think they’re on the same page only to learn that they’re not.  Discussing these issues initially allows for a smooth settlement and a true divorce by mutual consent.

Once you have your agreement signed you can then file for the divorce.  Your spouse can come with you and immediately file their answer which avoids waiting for the summons and having to formally serve the Defendant.  When filing for the divorce you must include a copy of your agreement so the Court is satisfied that there are no unresolved property issues.  After you’ve filed, the Court will set an uncontested hearing for about ten (10) minutes.  Some counties take longer than others but a good estimation of the time it would take to get divorced is three (3) months.

The attorneys at ERA Law Group, LLC offer fixed fee services to draft and finalize your  agreement and handle your uncontested divorces.  Call us today!

#TuesdayTips – The Importance of a Lease

Leasing property is a business and with any business a well drafted contract is a necessity.  Your lease is your contract. 

On this week’s #TuesdayTips article, the attorneys at ERA Law Group, LLC want to stress the importance of obtaining a well drafted lease for your rental property.  As landlords you are entrusting a tenant or multiple tenants with taking care of your property and timely paying rent.  Despite your best investigative skills you may end up with tenants that are the opposite of what they seem on paper and ultimately destroy your property, fail to pay rent, or some other violation.  What do you do?  How can you protect yourself from these harms?  It starts with a well drafted lease.

When a tenant doesn’t pay rent or destroys property some landlords just think “I’ll evict my tenant.”  The process of evicting a tenant can be long and administratively cumbersome.  It requires notices, filings, a court appearance, a waiting period, abiding by local eviction procedural rules, scheduling an eviction, and then waiting for the date to arrive.  In the meantime, months have passed and your tenants may have destroyed property and/or failed to pay rent during that period.

Many landlords choose to download free leases from the internet and are left in a precarious situation when they cannot evict a tenant, charge late fees, collect attorney fees, or sue for the damage done to the property.  A well drafted lease will include many provisions to protect the Landlord’s interest and remedies in the event of default.  Additionally, these leases will have clauses which will permit the collection of late fees, attorney fees, bounce check fees, security deposit policies, authorized uses of the property, duties of the tenant and landlord, and similar provisions.  A sloppy or poorly drafted lease could result in your tenant getting away with damage, rental loss, etc. and leave you without any opportunity to collect.

Leasing property is a business and with any business a well drafted contract is a necessity.  Your lease is your contract.  Call the attorneys at ERA Law Group, LLC today and ask about our fixed fee leases!

#FamilyFriday – Can I Get Alimony?

When there’s a large disparity in income, assets, debts, etc. some spouses fear life without the financial contribution from their spouse and ask if they would be entitled to alimony.  The answer is maybe.

Spouses take on various financial roles in a marriage.  Some stay home, some work part-time while the other is the breadwinner, and some play equal roles.  When there’s a large disparity in income, assets, debts, etc. some spouses fear life without the financial contribution from their spouse and ask if they would be entitled to alimony.  The answer is maybe.  This week’s #FamilyFriday article breaks down the road to obtaining alimony.

In Maryland, the Court has a number of factors it must consider when determining an alimony award.  Some of these factors include each parties ability to be self-supporting, a party’s ability to obtain suitable employment, length of marriage, standard of living, the age of each party, any agreements between the parties and the health of the parties.  Some factors play bigger roles in the Court’s decision-making process than others.  For example, a spouse married for 30 years, in their 60s, and  having been a stay at home parent may be in a greater position of obtaining alimony than a marriage less than 5 years with both spouses making equal salaries.

After analyzing the various factors the Court can: (a) decline to award alimony, (b) award temporary alimony, or (c) award permanent/indefinite alimony.  When presenting your case for an alimony award, your attorney should strongly advocate those factors which play an important role in your case.  Your attorney should place emphasis on the length of marriage, the disparity in income, the likelihood of the less economically stable spouse to become more economically stable, the need for additional education, and, if applicable, highlight the circumstances surrounding the divorce.  A party who has physically and emotionally abused their spouse who is seeking alimony would play a far great role in the Court’s decision making than the couple who is seeking a divorce based on a voluntary separation.

In the event you and your spouse can reach an agreement about alimony, you should also consider some potential alternatives.  The alimony paying spouse may not want to have a monthly payment but may be willing to make a one-time large sum payment.  For example, perhaps the alimony paying spouse would rather offer you their share of the equity in the home than pay you alimony each month for the next 5 years.  When reaching an agreement you should speak with an attorney to be sure you don’t, or understand the consequences if you do, waive alimony.

Divorce is an emotional roller coaster.  You may not know what questions to ask, what rights you have, and what you may be entitled to but the attorneys at ERA Law Group, LLC today can help!

#TuesdayTips – Filing for Guardianship

When a person is no longer able to appropriately care for themselves or manage their property, it is important to ensure that they are protected.  

Many people find themselves in a precarious situation when their spouse, parent, sibling, friend, etc. are no longer able to feed themselves regularly, pay their bills, see the doctor, and generally not take care of their person or finances.  When a person is no longer able to appropriately care for themselves or manage their property, it is important to ensure that they are protected.  When a person will not or cannot voluntarily seek assistance on their own, you may have to request the Court to intervene in order to ensure their safety.  On this week’s #TuesdayTips article, the attorneys at ERA Law Group, LLC want to discuss the process of filing for Guardianship.

When filing a Petition for Guardianship of the Person and/or Property, the Petitioner is seeking the Court to declare the alleged disabled person incompetent and therefore unable to care for themselves and/or manage their property/finances.  This would let the Petitioner, when appointed Guardian, to act on behalf of the alleged disabled person and make sure they are taken care of physically and financially.

The steps to file the Petition can be confusing as the Petition requires specific information and documents for filing.  For example:

  1. The Petition requires various information about the alleged disabled person, including but not limited to their finances, the purpose of the filing, the diagnosis, etc.
  2. The Petition requires time sensitive certificates related to the alleged disabled person’s disability from two medical providers.
  3. After filing, the Court will appoint the alleged disabled person an attorney to represent them in the proceeding. The attorney will meet and speak with the alleged disabled person and contact anyone else, including the Petitioner, that s/he feels is necessary.
  4. The Petitioners will also be required to notify certain people and facilities that would need to be made aware of the Petition.
  5. Finally, there will be a hearing to decide whether the findings are such that the Court will declare the person incompetent and appoint a Guardian, presumably the Petitioner.

In most cases this process is painless.  In the other cases the process can be litigious and emotionally challenging for the Petitioner, the family, and the alleged disabled person.  In either case, it would be in your best interests to speak with an attorney to make sure the Guardianship process is completed effectively and accurately.  In the event you oppose the Petition, it’s important to make sure your opportunity to object does not expire and your objections are appropriately identified.

The health, safety, and well-being of your friend or family member is of utmost importance.  Call the attorneys at ERA Law Group, LLC today to help navigate you through this process.

#FamilyFriday – Contempt

The very purpose of receiving a Court Order is to once and – hopefully – for all settle a dispute between the parties.  Unfortunately, that doesn’t always happen. 

On this week’s #FamilyFriday article, the attorneys at ERA Law Group, LLC are addressing individuals who have fallen victim to an ex-spouse or parent who refuses to abide by the Court’s Order.  You’ve gotten divorced or filed suit for custody and support, the Judge made their determination and you received a Court Order outlining that decision.  What happens when one person decides not to listen?

Contempt is when one party decides to act in contradiction of the Court or Court Order.  The very purpose of receiving a Court Order is to once and – hopefully – for all settle a dispute between the parties.  Unfortunately, that doesn’t always happen.  That intentional decision to ignore or act inconsistently with a Court Order is important because it qualifies the contempt as willful.  Being in willful contempt of a Court Order can have serious ramifications.  The contempt-ing party may be subject to a fine, attorney fees, and in serious cases, jail.

The contempt-ing party also creates various consequences for the other party.  For example, say a provision of the Order requires Parent A to pay one half of private school tuition to the school directly and Parent A refuses to pay.  If Parent A refuses to pay their share of the child’s private tuition than Parent B may have to come out-of-pocket for the balance and, if they can’t, their child may not be able to return the following year.  These and similar situations wreak havoc – financially and emotionally – for the party who correctly abides by the Court Order.

If you are being forced to endure the consequences of someone who has decided not to adhere to your Court Order, call your advocates at ERA Law Group, LLC today at (443) 906-3566!