#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 – 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 – 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!

#TuesdayTips – How to Find YOUR Attorney?

Searching for a lawyer can be stressful and overwhelming especially when you don’t know where to start.  To help, we’ve identified 5 resources to consider while begin your search.

Searching for a lawyer can be stressful and overwhelming especially when you don’t know where to start.  On this week’s #TuesdayTip’s article, the attorneys at ERA Law Group, LLC want to give you some pointers on how to find your attorney.  Below we’ve identified 5 resources to consider while begin your search:

  1. Lawyer Referral Services. Call your local bar association and see if there is a referral panel.  Counties such as Prince George’s and Anne Arundel can refer you to an attorney that can assist you with your specific matter.
  2. Utilize attorney search engines.  Look up attorneys in your area with sites like Avvo.com.  Attorneys who maintain their profiles often identify their practice areas, contact information, rates, and you may also find former client reviews.
  3. Attorney Websites. You can review attorney bios, practice areas, information about the firm, and other resources that they may include on their website.
  4. Social Media.  Many attorneys and firms utilize social media networks such as Facebook to promote their firm and often post recent articles, blog posts,  and upcoming events.
  5. Word of Mouth. You likely know someone that has needed an attorney at some point in their life.  Ask your friends and family for recommendations.

Above all, meeting your potential attorney is key.  You want to make sure you connect, trust, and communicate with your prospective attorney.  Here at ERA Law Group, LLC we are passionate about ensuring our clients feel comfortable and their voices are heard.  Call the attorneys at ERA today at (443) 906-3566 and schedule your consultation!

#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!