#FamilyFriday: Nesting Agreements

It is difficult to imagine your children living somewhere other than their home.  There is an alternative!

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Children and finances are two driving factors in a divorce.  How will your children handle the idea of their parents separating and how will your bank accounts suffer?  Finding a separate living space, especially one that can accommodate your children, during your divorce is difficult.  It is difficult to imagine your children living somewhere other than their home.  There is an alternative!  In this week’s #FamilyFriday article, ERA Law Group, LLC discusses an alternative approach called Nesting Agreements.

While parents are divorcing and sorting their finances, one alternative approach is to develop a nesting agreement.  Nesting agreements allow the children to always remain in their home while the parents take turns residing there.  For example, perhaps parent 1 resides in the home Monday from school pick up through Thursday school drop off and parent 2 resides in the home from Thursday school pick up through Monday school drop off.

During this nesting time, the parties can agree to maintain a joint account that each contribute to for paying household bills.  Perhaps the parents can stay at a family member’s home during the time they are not with the children or get a small 1-bedroom apartment in the interim.  It allows couples to work through the nitty gritty of their divorce while keeping stability for their children.

An important consideration is how well you and the other parent can communicate and co-parent.  At times, the feelings or circumstances involving the divorce don’t allow for that to happen effectively.  In those situations, a nesting agreement would not be beneficial.

If you’d like to consider a nesting agreement or some other alternative approach to separation and sharing custody, contact ERA Law Group, LLC today at (410) 919-1790 to learn more!

#FamilyFriday – What Changes in Maryland Family Law Can We Expect to See in 2018?

The 2018 Legislative Session began on January 10, 2018 and brings with it some possible changes to Maryland Family Law.

On this week’s #FamilyFriday article, the attorneys of ERA Law Group, LLC want to bring to your attention some possible changes in Maryland Family Law!  The 2018 Legislative Session began on January 10, 2018 and brings with it some possible changes to Maryland Family Law.

Divorce – Mutual Consent

As we’ve discussed in previous blogs, divorce by mutual consent allows spouses to divorce within one (1) year of their separation and is available only to those married couples that have settled all marital issues and do not have any children in common.  Now, for the third time, there is an attempt to allow spouses with minor children in common to obtain a divorce by mutual consent.

Child Support – Driver’s License Suspension

Parents who fail to pay child support could potentially suffer serious consequences such as having their license suspended.  In this session there is an attempt to exempt individuals from having their license suspended if their income is at or below 200% of the federal poverty level.

Child Support – Income

When determining child support, it is only the actual gross income of the parents that are considered.  Even if one of the parent’s is re-married their spouse’s income is not factored into the child support equation.  In this session there is an attempt to allow a Court to consider a parent’s spouse’s income when determining that parent’s child support obligation.  Additionally, under the same considerations, the Court may order payment of attorney fees in proportion of each parties’ adjusted actual incomes.

Visitation and Child Custody – Terms

Currently the term used for describing the time awarded to the non-custodial parent is “visitation.”  Additionally, the term used to describe decision making authority is “child custody.”  In this session there is an attempt to replace the word “visitation” with “parenting time” and the term “child custody” with “legal decision making.”

If you have a family law related issue or question, call the attorneys of ERA Law Group, LLC today at (410) 919-1790!

Family Law Changes in 2017

On this week’s #FamilyFriday article, ERA Law Group, LLC wants to discuss some recent changes in Maryland Law including the admissibility of Domestic Violence Orders in divorce cases and getting back your maiden name!

Welcome back to #FamilyFriday!  In the last several weeks ERA Law Group, LLC moved to its new location at 20 Ridgely Avenue, Suite 204, Annapolis, Maryland.  We are excited to welcome you to our new office!

On this week’s #FamilyFriday article, ERA Law Group, LLC wants to discuss some recent changes in Maryland Law including the admissibility of Domestic Violence Orders in divorce cases and getting back your maiden name!

Prior to October 1, 2017, Courts could not use the fact that there was a Domestic Violence Order, such as a Protective Order, as a ground for granting a divorce or for considering custody.  This meant that victims of domestic violence could not admit as evidence a Domestic Violence Order s/he had obtained.  Even if s/he did speak of a prior Domestic Violence Order, the Court was obligated to disregard this information when making its decision. As of October 1, 2017, this statute has been repealed and Courts are now permitted to consider and parties may admit into evidence Domestic Violence Orders.

Previously when a party filed for absolute divorce and wished to return to their maiden name, they were required to make such a request in the initial pleading.  If the party failed to do so, they would then have to file a separate pleading requesting a name change.  What should have been a seemingly quick and easy process turned into a burdensome time consuming mess.  Not anymore!  As of October 1, 2017, a former spouse now has eighteen (18) months after the final decree of absolute divorce to return to their maiden name.

If you or someone you know needs help navigating their divorce, tell them to call ERA Law Group, LLC today at (410) 919-1790.

#FamilyFriday: Marital v. Non-Marital Property

When couples get divorced they are required to identify marital property and non-marital property.  Many individuals don’t know what makes property marital and therefore, how they may unintentionally make a non-marital asset marital. 

When couples get divorced they are required to identify marital property and non-marital property.  Many individuals don’t know what makes property marital and therefore, how they may unintentionally make a non-marital asset marital.  This week’s #FamilyFriday article defines marital and non-marital property and offers a few tips to protect your non-marital property.

Maryland defines marital property as any property – no matter how titled – acquired by 1 or both parties during the marriage.  Individuals mistakenly believe that if the property, personal or real estate, is in their sole name it means that it is not marital – not true.  By virtue of being married, what’s theirs is yours and what’s yours is theirs.

As logic flows, non-marital property is any property which was acquired prior to marriage.  There are also some ways to acquire non-marital property during your marriage.  These include an inheritance, a gift from a third person, an agreement between you and your spouse stating what is or is not marital, or any monies which were received through any of the above means.  For example, if your parent passes and leaves you $10,000.00.  You can put that $10,000.00 into a bank account in your sole name and still have that remain non-marital property.

How does non-marital property then become marital property?  When you comingle the property.  Take the example of receiving a $10,000 inheritance described above.  Say you decide to transfer your inheritance into the joint account.  Many would think that $10,000 of the balance of their joint account would remain non-marital since it was clearly from their inheritance.  Wrong.  The moment those monies were comingled, all of that money became marital property.

So, what do you do?  One of two things: (1) keep non-marital property separate or (2) enter into a prenuptial or postnuptial agreement and define what each of you will maintain as non-marital property.  You and your spouse can enter an agreement and list what property will be marital and what will not.  That may include real estate, jewelry, bank accounts, etc.  Or, you can keep it simple and keep your non-marital money separate.

Call ERA Law Group, LLC today at (410) 919-1790 to learn how to protect your non-marital property!

#TuesdayTips – Domestic Violence: Protective Order or Peace Order?

Unfortunately, it is likely that you or someone you know has been a victim of abuse which may or should have resulted in a Protective Order or Peace Order.   On this week’s #TuesdayTips article the attorneys at ERA Law Group, LLC want to explain the difference between Protective Orders and Peace Orders in order to help victims best protect themselves as quickly as possible.

Unfortunately, it is likely that you or someone you know has been a victim of abuse which may or should have resulted in a Protective Order or Peace Order.   On this week’s #TuesdayTips article the attorneys at ERA Law Group, LLC want to explain the difference between Protective Orders and Peace Orders in order to help victims best protect themselves as quickly as possible.

A Protective Order is ordered by a judge and instructs the abuser to stop committing a specific act or set of acts against others.  To be eligible for a protective order you must have fall within one of the following relationship categories: (a) current or former spouse, (b) residing together in an intimate relationship for at least 90 days within the year of filing, (c) related by blood, marriage or adoption, (d) have a parent-child or stepparent-stepchild relationship and resided together for at least 90 days within the year of filing, (e) have a caretaker-vulnerable adult relationship, (f) be parents of a child together, and/or (g) have had a sexual relationship within a year of filing.

Unlike a Protective Order, a Peace Order is a form of protection for anyone who is experiencing some sort of problem with an individual such as a neighbor, stranger, etc.  When filing a Peace Order the relationship between the parties is not a factor.

What a Judge can and cannot order also varies based on the type of Order requested.  In both cases, a Judge can order the abuser to stop abusing you and to stay away.  In the case of a Peace Order, a Judge can also order counseling, mediation, and for the abuser to pay the court costs and filing fees.  Because a Protective Order involves more intimate relationships, a Judge can also impose more restrictions and make additional awards.  For example, a Protective Order can award temporary custody or visitation, emergency family maintenance (or, financial support) to be paid by the abuser, award possession of any pet, award use and possession of a jointly titled car, etc.  It can also order the abuser to stay out of the marital home, stay away from your child’s school, and to stay away from and not contact family members.

We’re here to help.  If you or someone you know is suffering from abuse and needs help, contact ERA Law Group, LLC today at (410) 919-1790.

#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 – 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!