#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!

#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!

#TuesdayTips – When to NOT Do-It-Yourself

Many individuals find themselves in a precarious situation when they decide to handle certain matters without an attorney.  These “cost saving measures” sometimes result in quite a heavy burden.

This week’s #TuesdayTips article comes one day after a recent United States Tax Court ruling in the case of Summers v. Commissioner of Internal Revenue (Docket No. 32259-15).  Many individuals find themselves in a precarious situation when they decide to handle certain matters without an attorney.  These “cost saving measures” sometimes result in quite a heavy burden.

In this specific case, Mr. Summers and his wife divorced amicably and decided to move forward without attorneys.  Pursuant to their agreement, Mr. Summers was to withdraw funds from his IRA and provide them to his wife.  Typically, this is done via a Qualified Domestic Relations Order (QDRO).  Pursuant to 26 U.S. Code Section 72(t)(1), distributions from a QDRO are exempt from the 10% additional tax typically imposed on early distributions.  Unbeknownst to Mr. Summers, taking an early distribution made directly to himself would not qualify for the tax exemption even though he immediately transferred said funds to his wife for her sole benefit.  As a result of an honest mistake, Mr. Summers was forced to suffer the 10% early distribution tax.

Don’t let yourself fall victim to an honest mistake.  The attorneys at ERA Law Group, LLC offer fixed fee QDRO services!  Call us today at (443) 906-3566.

#FamilyFriday – Modifications

Often, we meet with clients that don’t know they can request a change to their previous custody or support order. There are many changes that may occur that make it necessary for you to modify your Court order.

On this week’s #FamilyFriday article, the attorneys at ERA Law Group, LLC are here to talk with you about modifications.  Often, we meet with clients that don’t know they can request a change to their previous custody or support order.  For example, a child support order from 10 years ago is likely very different than a child support order today.  What if one parent has a new job?  What if the child has new needs?  What if one parent lost their job?  There are many changes that may occur that make it necessary for you to modify your Court order.

The most important element of a modification is that there must be a material change in circumstance.  A parent getting a new job but maintaining a similar salary or moving to another home in the same neighborhood are generally not considered a material change in circumstance.  However, in many cases situations do arise which require one parent to seek a modification.  Parents come to our office because one parent has received a significant raise, has moved far away, or has started a relationship with a questionable person.  When these material changes occur, the Court can then evaluate whether the original order is still in the best interests of your child.

The attorneys at ERA Law Group, LLC are compassionate and understanding of each family’s unique circumstances.  Call us at (443) 906-3566 to discuss your specific case and let the attorneys at ERA Law Group, LLC help you and your family!