#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!

#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!

#TuesdayTips – *CRASH* Now what?

If you or a loved one have been injured in an auto accident it is imperative that you know your rights and what steps to take to ensure maximum compensation for your injuries.

You’ve been involved in a car accident.  Best case scenario, you’re not injured.  Worst case scenario, you are.  If you or a loved one have been injured in an auto accident it is imperative that you know your rights and what steps to take to ensure maximum compensation for your injuries.  On this week’s #TuesdayTips article, the attorneys at ERA Law Group, LLC want to help those looking to recoup after suffering an injury from a car accident.

  • First, get medical treatment. Don’t wait.  Go to the ER, your primary care, a specialist, physical therapy, etc.  There are many medical providers that will offer their services even if you don’t have insurance.
  • Second, get a copy of your police report and, if there was one completed, the accident investigation report. Find out as much information about the other driver as possible including their name, insurance information, vehicle type, and the circumstances leading up to the accident.
  • Third, if you’ve missed work or are now out of work because of your injuries, get documentation.  Have your employer (or former employer) print out the days you’ve missed, your hourly rate, any changes or accommodations made to your employment as a result of your injuries or disability, and any other details about your employment.
  • Fourth, get a disability rating. Perhaps you’ve injured your hand and are no longer able to use it, you’ll never be able to walk again, or can’t raise your arm above your head.  These considerations are important in filing your claim.
  • Lastly, take care of you! Hiring an attorney will help take the administrative and legal pressure from you and give you the opportunity to make sure you and your family get back on your feet.

Call the attorneys at ERA Law Group, LLC today at (443) 906-3566.  Let us help you while you and your family recover!

#FamilyFriday – Prenuptial Agreements: Why You Should Get One!

There are two ways to dissolve a marriage: divorce and death. Prenuptial agreements help in making the dissolution as easy as possible.

There is a misconceived notion that asking for a prenuptial agreement or discussing it in some way implies distrust or concern over your relationship.  This isn’t true!  There are a significant number of benefits to obtaining a prenuptial agreement that the attorneys at ERA Law Group, LLC want to bring to your attention for this week’s #FamilyFriday article!

Marriage is both a romantic and business relationship.  With very few exceptions nearly everything is or becomes marital.  As such, nearly everything can become subject of costly litigation in the event of divorce or death.  A well drafted and all-inclusive premarital agreement will limit many of these issues.  For example, the agreement will identify what is and is not marital property, each parties’ rights in the event of death or divorce, predetermine rights and obligations for spousal support, inheritance, and more.  In addition, the agreement will have a complete financial disclosure including each spouses’ assets, liabilities, and income.

There are two ways to dissolve a marriage: divorce and death.  Prenuptial agreements help in making the dissolution as easy as possible.  Prospective spouses should consider whether they want to be on the hook for their partner’s debt in the event of divorce or marriage?  Whether they want their spouse from a second marriage to inherit more than their children from their first marriage?  Whether they want their private business to be impacted in the event of divorce or death?

Why wait?  Protect you, your spouse, and your family no matter what life throws at you.  Call ERA Law Group, LLC today at (443) 906-3566!

#FamilyFriday – Adoption

Adoption is the legal process of creating a parent and child relationship and can take many forms.

For this #FamilyFriday article, the attorneys at ERA Law Group, LLC want to talk about adoption.  Adoption is the legal process of creating a parent and child relationship.  Adoption can take place in many forms.  For example, a stepparent may be adopting their partner’s child or perhaps grandparents are looking to adopt a grandchild.  Many people tend to think of adoption involving a minor child but don’t know that adults can also be adopted.  Establishing the parent/child relationship is important on an emotional level but also serves a legal and financial purpose.  An adopted child can receive state and federal benefits of their parents that without the adoption only a biological child would be entitled to receive.

The process of adopting, unlike many other court appearances, is usually joyous.  After gathering the required paperwork and filing the petition, all parties appear before a Judge and celebrate the new and legally recognized family.  There are also adoption proceedings that are contested by a biological parent and don’t carry the same joyous feeling.  In either case, finding an attorney to help you through the legal process is beneficial in creating or maintaining your family.

Taking the necessary steps to protect your family is important and ERA Law Group, LLC wants to help!  Call us today at (443) 906-3566!