Law Office of Kevin L. Beard, P.A.Catonsville Family Law Lawyer | Divorce Attorney | Baltimore County2024-03-14T22:30:54Zhttps://www.kevinbeardlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1201550/2020/09/cropped-KLB-fav-icon-32x32.pngOn Behalf of Law Office of Kevin L. Beard, P.A.https://www.kevinbeardlaw.com/?p=493542024-03-14T22:30:54Z2024-03-14T22:30:54ZMisconception #1: Equitable division means a 50/50 split
One common misconception is that the court will divide marital property equally between spouses. Actually, Maryland’s principle of equitable division means that the courts seek to divide marital property fairly but not necessarily equally.
Courts consider various factors in the decision. Common concerns are the length of the marriage, each spouse's financial contributions and their future earning potential. Therefore, when one spouse may receive a larger share of the assets to achieve fairness rather than mathematical equality.
Misconception #2: Businesses and retirement assets are untouchable
Some believe that stakes in a business or retirement accounts are exempt from division. However, these assets can also be marital property if an individual acquired them or increased their value during the marriage.
This accounts for how a spouse’s direct or indirect assistance allowed the other to achieve financial success outside of the home. Consequently, businesses, 401(k) plans, IRAs and other retirement assets can be subject to division.
Misconception #3: A single name on a title makes an asset separate property
Another myth is that assets that have a title under one spouse's name are off-limits. In the eyes of the court, any assets either partner acquires during the marriage are typically marital property, regardless of whose name is on the title. For example, one spouse may purchase a car or a piece of real estate after getting married. In such cases, the court will usually consider this as marital property and subject to division.
Navigating the division of assets in divorce can be complex, but understanding these common misconceptions can help simplify the process. Before going through the proceedings, a person should have a clear understanding of his or her rights and devise a strategy for getting a fair resolution.]]>On Behalf of Law Office of Kevin L. Beard, P.A.https://www.kevinbeardlaw.com/?p=493532024-03-13T09:23:22Z2024-03-13T09:23:22ZThis setup provides another person to supervise or monitor visits between a parent and their child, allowing them to spend time together in a controlled environment. It is often appropriate for specific cases that may involve the following factors:
The parent and child have been apart for a significant amount of time, requiring aid to develop parenting skills and the relationship.
The case involves substance abuse or severe mental health conditions that may impede the parent's ability to care for the child alone.
The parent or child has a history of violence or anger issues.
The parent's record includes incidents when they committed grave misconduct or inappropriate behavior that may be a safety risk for the child.
Requiring supervised visitation may depend on the case details and the judge's decision. The court can adjust the arrangement and increase or decrease restrictions based on the situation. These rules and guidelines may also change according to any improvements between the parent and child observed during visits.
Addressing the family's needs
When dealing with family law issues, the court may balance prioritizing the child and upholding parental rights. By doing so, the judge may order varying arrangements to meet the family's needs, depending on the unique circumstances. Seeking legal counsel can also help in these instances. Experienced advice can help parents understand the situation and take appropriate legal action if necessary.]]>On Behalf of Law Office of Kevin L. Beard, P.A.https://www.kevinbeardlaw.com/?p=493522024-02-29T11:06:14Z2024-02-29T11:06:14ZEmployment or lack thereof is not determinative of alimony awards
In Maryland, unemployment does not automatically qualify you for alimony. In the same way, employment is not a requirement for you to receive it. While the courts may consider this aspect during their determination, they will do so together with other available and relevant circumstances.
What the courts consider instead
When deciding on spousal support, Maryland courts consider various factors, such as:
The length of the marriage
The standard of living during marriage
The age and health condition of each party
The income and overall financial situation of each party
The contributions of each party to the marriage
The capacity of each party to be self-supporting
Whether one party needs education to become self-supporting
The earning capacity of each party
The circumstances leading to the divorce
Any previous agreement covering spousal support between the parties
Though alimony obligation is difficult to assess, especially since each case is unique, these factors significantly guide courts in their determination. Nonetheless, the court has discretion to consider other factors not included in the list if it deems the same relevant to its determination.
Divorce and its aspects, including spousal support, are complex and during the process, it is common for parties to fall into confusion one way or another. If you are unsure whether you can request for alimony during your divorce, discussing your case with a compassionate legal representative may help you find clarity and solutions fit to your situation.]]>On Behalf of Law Office of Kevin L. Beard, P.A.https://www.kevinbeardlaw.com/?p=493502024-02-22T03:57:44Z2024-02-22T03:57:44ZThe biological parent’s imprisonment
When a biological parent is incarcerated, nonparents can petition for the child’s custody. The court can then award either temporary or permanent custody if it determines that the incarcerated parent is unfit to care for the child and that awarding custody to the petitioning nonparent is in the child’s best interests.
The biological parent’s substance addiction
When a biological parent struggles with substance addiction, the court may determine that the parent is unable to provide a safe and stable environment for their child, which can lead to a grant of nonparent custody. In such cases, a relative, such as a grandparent, another family member or even a close family friend, may petition the court for custody.
The biological parent’s mental incapacity
Mental incapacity includes a range of issues, such as severe mental illness or cognitive impairments that prevent a parent from fulfilling their parental duties. If a biological parent is mentally incapacitated and unable to care for their child, a court may grant custody to a nonparent to ensure the child's safety and well-being.
The biological parent’s abuse or neglect
In cases where a biological parent is guilty of neglect or abuse, be it through physical, emotional or sexual abuse, the court has the authority to remove the child from that parent's care to protect the child's safety and welfare. Accordingly, the court may place the child in the custody of a nonparent.
The biological parents’ passing
In tragic circumstances such as the death of biological parents, courts may transfer custody to a nonparent to secure a stable and caring environment for the child. The court will look into family, relatives and family friends who have formed a significant bond with the child and are willing to take on the responsibility of guardianship.
Generally, if a biological parent is unfit to raise their own child, a nonparent may seek custody and visitation rights. Nonetheless, seeking custody as a nonparent is not as easy as it seems. It is crucial to gather and present facts and evidence that demonstrate to the court that a nonparent raising them is in the child’s best interests.]]>On Behalf of Law Office of Kevin L. Beard, P.A.https://www.kevinbeardlaw.com/?p=493482024-02-06T15:29:33Z2024-02-06T15:28:31ZEnforcing child support across state lines
If your former partner chooses to resist or ignore your efforts to secure payments, the Maryland Child Support Administration (CSA) or your local county child support enforcement agency can assist. These organizations dedicate themselves to helping families like yours by using various measures to enforce and retrieve child support payments.
They can help you locate the nonpaying parent, enforce an existing child support order and collect unpaid support.
Additionally, each state abides by the Uniform Interstate Family Support Act (UIFSA), allowing them to collaborate and resolve child support cases where parents live apart.
If your ex lives out-of-state, the court in that jurisdiction may help enforce the child support order by:
Withholding income
Issuing a lien on properties or real estate
Garnishing wages, federal and state tax refunds, and other financial windfalls
With these measures, ensuring your child's well-being is possible regardless of where your ex resides. However, interstate enforcement can be slow and complicated. Enforcing a child support order can involve filing crucial documents, keeping track of deadlines and appearing at court hearings.
Consider seeking legal assistance
As a busy parent, it can feel too overwhelming to manage interstate enforcement, even with a child support agency’s help.
Having a lawyer to rely on and guide you can allow you to protect your rights and navigate the legal system smoothly. Their support can be especially valuable when facing additional challenges beyond collecting support payments.
Although the situation may be frustrating and stressful, keep in mind that doing what is best for your child is the most important thing.]]>On Behalf of Law Office of Kevin L. Beard, P.A.https://www.kevinbeardlaw.com/?p=493472024-01-26T10:21:53Z2024-01-26T10:21:53ZMoving with the child, whether in or out of state, can have legal implications, affecting the progress of the existing child custody case. Because of its impact, the court can impose requirements for you and your child’s relocation, including the following:
Written notice about the relocation, sent to the court with a 90-day notice period
Notice given to the other parent or relevant parties, if necessary
A hearing, if involved parties file a petition concerning the relocation
These requirements are standard, but the court can remove them based on the situation.
Waiving relocation requirements
These prerequisites are often necessary to help adjust before the relocation date. But sometimes, the court can waive them. If you and your child are moving because of urgent circumstances, the court may allow it despite not meeting the specified requirements.
However, waiving these conditions may only apply if there is a valid reason, such as financial factors, extenuating considerations and unexpected scenarios that make relocating immediately the most appropriate option.
Navigating child custody procedures efficiently
When moving through life and child custody matters, time is of the essence. Most life adjustments can have legal repercussions with associated timelines and conditions. Failing to comply can have severe consequences impacting you and your entire family.
If you find yourself in a difficult situation, seeking legal counsel before making any plans can be beneficial. Having adequate guidance can help you navigate complex scenarios efficiently in compliance with legal restrictions or guidelines.]]>On Behalf of Law Office of Kevin L. Beard, P.A.https://www.kevinbeardlaw.com/?p=493412024-01-10T21:30:51Z2024-01-15T21:29:45ZThe popularity of social media
Almost 5 billion people globally use social media. The average American has 7.1 accounts and spends 127 minutes daily accessing them.
Each social media platform has its own audience. Some are more popular with younger adults, while others have other audiences. Regardless of where you post, someone will see it.
Public airing of grievances
Posting personal grievances or venting frustrations about your ex-spouse on social media can make conflicts worse. Publicly sharing negative emotions can escalate tensions and complicate the divorce proceedings.
Privacy concerns
Divorce often involves sensitive information. Oversharing details about the divorce on social media may compromise your privacy and that of your family. Be cautious about what you share to protect sensitive aspects of the process.
Misinterpretation of posts
Social media posts are easy to misinterpret. A seemingly innocent picture or status update can lead to misunderstandings or even legal implications. Consider the potential impact of your posts on the divorce process.
Evidence in court
What you post on social media may be evidence during divorce proceedings. Courts may consider your online activity when determining matters such as child custody or spousal support.
Deleted social media posts can still impact divorce proceedings. Courts may consider archived content, and even erased posts can resurface. Be mindful of how your posts will appear in a legal context.
Impact on children
Children can suffer from their parents' social media activity. Publicly discussing the divorce or posting content that portrays one parent negatively can harm the well-being of the children involved. Prioritize their emotional health by avoiding such actions.
Implications for negotiations
Social media can influence the negotiation process. Posts about new relationships, extravagant purchases or lifestyle changes may impact financial settlements. Consider the potential repercussions on your divorce negotiations before sharing such information.
Online harassment
Divorce can bring out heightened emotions, leading to online harassment or cyberbullying. Be aware of the potential for such behavior, take steps to protect yourself and maintain a civil online environment.
By being conscientious about your social media presence during a divorce, you can mitigate potential harm and navigate the process more smoothly.]]>On Behalf of Law Office of Kevin L. Beard, P.A.https://www.kevinbeardlaw.com/?p=493442024-01-15T13:28:11Z2024-01-15T13:28:11ZFactors to consider
A change in your child’s daycare may require an alteration of the current custody order because of certain factors, including the following:
Decision-making authority: Before you decide on daycare changes, you must review the current custody order or agreement to ensure you are following its provisions. Depending on the order’s terms on decision-making, your situation may require mutual consent for changes in childcare providers. Otherwise, you may have to apply for a modification with the court.
Location and convenience: When your child changes daycares, it is important to consider the proximity of the new daycare to both parents' homes and workplaces, as well as the impact on the existing visitation schedule or transportation arrangements. If the change substantially affects these aspects of the custody order, then a modification may be required.
Adjustment period: A change in daycare is a change in environment for your child. You would have to consider the adjustment period and monitor how the change affects your child's behavior and emotional state. Since this change can affect your child’s well-being, the court may require a review of whether it is in the child’s best interests, given the needed adjustment period.
Ultimately, your child’s best interests are the top priority when making these decisions. You should evaluate how the daycare change will affect your child's well-being, including emotional stability, social continuity and attachment to current caregivers and peers.
Ensuring a smooth modification process
Whenever you face material lifestyle changes that affect your child, it is best to approach each situation with care and due diligence. While it does not guarantee a perfect modification process, collaborating amicably with the other parent and seeking professional legal advice can help ensure that any transition aligns with your custody agreement and serves the best interest of your child.]]>On Behalf of Law Office of Kevin L. Beard, P.A.https://www.kevinbeardlaw.com/?p=493422024-01-12T21:17:37Z2024-01-12T21:17:37ZUnderstanding your assets
In 2021, 948,864 married women pursued a divorce, and many of these couples had retirement assets that were subject to division. Therefore, you should gain a clear understanding of your retirement assets. Compile a detailed list, including pensions, 401(k)s, IRAs and any other investments for you and your spouse.
Valuation and division
The courts can divide your retirement assets during divorce proceedings. Therefore, you need to determine the current value of each asset accurately. This valuation will help in negotiating a fair and equitable distribution. Consult with financial professionals or use online tools to get accurate estimates.
Consider a Qualified Domestic Relations Order
A QDRO is a legal order that establishes the right of an alternate payee to receive a portion of the retirement benefits. Work with your legal advisor to include a QDRO as part of the divorce settlement.
Evaluate the tax implications
Retirement assets have different tax implications. Understand the tax consequences of the division and make decisions that minimize your tax liability. Seek guidance from a tax professional to make informed choices that align with your long-term financial goals.
Update beneficiary designations
After a divorce, review and update the beneficiary designations on your retirement accounts. Failure to do so could result in your ex-spouse receiving the benefits, regardless of the divorce settlement.
After your divorce gets finalized, develop a new budget that reflects your post-divorce financial situation.]]>On Behalf of Law Office of Kevin L. Beard, P.A.https://www.kevinbeardlaw.com/?p=493392024-01-10T13:45:54Z2024-01-10T13:44:12ZYou can decide how to divide your marital property
You and your spouse will have acquired substantial assets together throughout your marriage. Some will have sentimental value, and you may want to keep others for their economic worth. In Maryland, courts will divide your marital property equitably, but you can decide how you will divide your marital property out of court. It will give you both more control over the outcome.
You can design a parenting plan together
If you can preserve an agreeable relationship with your former spouse, you will have an easier time co-parenting. You could work on a parenting plan together and find ways to share custody while prioritizing your children’s best interests. A solid and stable relationship with both parents can significantly benefit your kids’ overall mental health throughout and after the divorce.
While a divorce can signify the end of a marriage, it could also positively redefine and reform your relationship with your spouse. A healthy platonic relationship is better than a toxic marital relationship where neither of you are happy.]]>