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For spouses who reach a settlement on all issues in the divorce, a Mutual Consent Divorce is the easiest way to get divorced in Maryland. We are often surprised that people are unaware of this option and instead believe they must be physically separated for a year before obtaining a no-fault divorce. Mutual Consent Divorce can make the entire divorce process quicker, simpler, and more affordable. Here is what you need to know about Mutual Consent Divorce. How to Know if Mutual Consent Divorce is Right for You If you and your spouse wish to avoid the messy litigation that is sometimes associated with the divorce process, a Mutual Consent Divorce offers a helpful option for moving forward. Mutual Consent Divorce is the ideal solution for couples who agree to divorce and who have reached a written agreement resolving all issues arising out of their divorce. A Mutual Consent Divorce is an option even if you have minor children, and even if you are still residing together and are waiting to physically separate. There is no waiting period required to request a Mutual Consent Divorce. First Things First, Sign the Separation Agreement Also referred to as a Marital Settlement Agreement or Property Settlement Agreement, Separation Agreements exist to resolve all marriage-related issues before the divorce process—all without couples having to endure a one-year physical separation. However, Separation Agreements require that both parties agree to the same terms, and that process can take some time while the parties reach agreements. With the help of their family attorneys or a mediator, spouses create a legal contract that outlines all relevant information and resolutions related to the divorce. Before drafting the agreement, couples need to reach an agreement on the following issues: Grounds for divorce Child custody Child support Alimony Division of property Insurance, debts, and other financial issues If a Separation Agreement fails to address and resolve all these issues as required by the Court, the divorce may be delayed or denied altogether. Even if you’ve come to the terms of an agreement on your own, you should still consult a family law attorney to ensure that your agreement purports with Maryland law and you understand what you are getting—and what you are waiving—in your divorce. Work Out Any Lingering Issues Ahead of Time If you and your spouse are interested in a Mutual Consent Divorce but cannot come to an agreement on all of the issues in the Separation Agreement, mediation can be a great solution. By hiring a third-party mediator, you and your spouse can resolve any lingering issues before signing the Separation Agreement. Throughout the mediation process, mediators operate as a neutral third party to help facilitate discussions between spouses to reach a solution that satisfies both people. The mediator will draft a formal agreement after all issues are resolved. The mediator will then encourage you to review the agreement with an attorney of your own. Mediation is considered a confidential process, so if an agreement cannot be reached, neither the mediator nor the couple can testify in court about what was discussed during mediation. How to Request a Mutual Consent Divorce The process of requesting a Mutual Consent Divorce from the Court is relatively quick and simple. Firstly, after both parties have signed the Separation Agreement, one spouse will file a “Complaint for Absolute Divorce” on the grounds of Mutual Consent. The person who files will be considered the Plaintiff. The next step involves the other spouse (also known as the Defendant) filing an “Answer” to the Complaint, which confirms that both parties agree on the terms and both consent to the divorce. At this stage, the Court will confirm that no outstanding issues are left to resolve and will schedule an “uncontested divorce hearing.” These hearings are required to confirm that all terms and information included in the initial Complaint and Separation Agreement are accurate, and typically only take a few minutes to complete. Currently, almost all uncontested divorce hearings across Maryland are being held remotely. For those interested in learning more about Mutual Consent Divorce or require assistance drafting a Separation/Marital Settlement Agreement, please feel free to reach out to our office. Laurie M. Wasserman and Steffani L. Langston are also fully trained to serve as family law mediators and help resolve disputes before the divorce process. Contact us today to learn more. The legal team at Wasserman Family Law is here to help guide and advocate for you. Read next: Important Security Measures to Take Before, During, and After Divorce Understanding the Recent Changes to Maryland’s Child Support Law What to Do About Health Insurance After Divorce How to Recover Home Payments From Your Ex Your Guide to Alimony in Maryland Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

As family law attorneys, we assist our clients in preparing their required financial statements for their child support and/or alimony cases. With our assistance, clients can feel certain that they are completing the appropriate financial statement and that their financial picture is being accurately presented to the Court. In Maryland, there are two types of financial statements required for family law cases. One is referred to as the Short Form Financial Statement, while the other is referred to as the Long Form Financial Statement. This blog will address the differences between the two financial statements. What is a Short Form Financial Statement? Short Form Financial Statements are required when one parent is seeking to establish or modify child support. The information required to be reported on the Short Form Financial Statement is the information needed in order to calculate child support pursuant to the Maryland Child Support Guidelines. In Maryland, the Child Support Guidelines must be calculated in all cases where child support is at issue. If the parents have a combined monthly income less than $30,000 per month (or $360,000 per year), then the Short Form is the appropriate financial form to be filed in the case. For the Short Form Financial Statement, very specific, and limited, information is needed. Many clients find that the Short Form Financial statement is relatively simple and straightforward to prepare, since it only requires the following information: Gross monthly income from all sources; Monthly health insurance premium information for minor children; Work-related child-care expenses; Extraordinary monthly medical expenses; Monthly school expenses; and Monthly transportation expenses. Clients should be prepared to provide counsel and the Court with documentation supporting all of the numbers reported on the Short Form and to sign the Short Form under oath. This financial statement will need to be filed with the Court with the initial Complaint or Answer. What is the Long Form Financial Statement? The primary difference between the Short Form and the Long Form Financial Statement is the purpose. A Long Form is needed when a party is seeking to establish or modify alimony or when the parents have a combined monthly income above the Child Support Guidelines threshold of $30,000 per month (or $360,000 per year). The Long Form Financial Statement is divided into three sections: Monthly Expenses, Income Statement, and Assets and Liabilities. For Monthly Expenses, clients must include detailed information regarding the cost for themselves and their minor child(ren)’s: Residence, including mortgages, rent, insurance, and utilities; Medical, mental health, and dental expenses; School expenses; Recreation and entertainment expenses (vacations, memberships, camp, extracurricular lessons, etc.); Transportation expenses; and Gift, clothing, incidental, and other relevant miscellaneous expenses. Clients often have the most difficulty preparing this section of the Long Form. For the Income section, clients must include information regarding their: Gross monthly wages; Net income from wages; Net income from other sources; and Total monthly income. For Assets and Liabilities, clients must include information regarding their: Valuable assets such as real estate holdings, bank/saving accounts, stocks, investments automobiles, personal items, etc.; and Liabilities such as mortgages, car loans, banks loans, accrued taxes, and balance of credit card accounts. The Long Form is meant to be an accurate financial picture of a client’s current situation and the client must provide documentation to support the assertions being made. It is not meant to be a wish list in the hopes of getting more alimony or higher child support. We often find that when financial statements are inflated, the Court questions the credibility of the person who prepared it. Accurately filling out a Long Form Financial Statement can be daunting and challenging for many people. Our team is prepared to help you navigate these difficult situations. If you would like to request further information regarding financial statements, or need assistance in filling out your financial forms, please contact Laurie Wasserman at laurie@wassermanlawoffice.com or 410-842-1070. The legal team at Wasserman Family Law is here to help guide and advocate for you. Read next: Understanding the Recent Changes to Maryland’s Child Support Law How to Recover Home Payments From Your Ex What to Do About Health Insurance After Divorce Your Guide to Alimony in Maryland FAQ: Child Support in Maryland Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

Maryland has recently updated its Child Support Guidelines. In this post, we discuss three important changes and help keep co-parents informed on how these revisions to child support in Maryland may affect their families. If you have any further questions about any of these changes, or simply want to discuss any of this legislature further, we welcome you to contact us at 410-842-1070. An Increase in Child Support for Certain Families As of July 1, 2022, the amount of child support has increased for parents with a combined annual income of more than $19,200. Additionally, co-parents with a combined monthly income ranging from $15,000 and $30,000 are now subject to Maryland’s basic child support schedule and obligations. Prior to July 1, 2022, the use of the Maryland child support guidelines was discretionary for families with a combined monthly income that exceeded $15,000 per month, so that amount has now increased to $30,000 per month. Co-parents with a combined income of up to $360,000 can now expect the child support guidelines to apply to any case filed after July 1, 2022. For co-parents with a combined adjusted annual income of more than $360,000, the court will still have the authority to deviate from the guidelines, if the deviation is found to be in the best interest of the children on a case by case basis. Maryland’s child support guidelines will also now take into consideration parents at lower income levels and will allow courts the authority to calculate the amount of money required for them to support themselves before being asked to pay for child support. Voluntary Impoverishment A major change to the child support statute in Maryland in 2022 involves defining “voluntary impoverishment” for parents. Defined as “the free and conscious choice, not compelled by factors beyond the parent’s control, to render the parent without adequate resources,” voluntary impoverishment can be determined by the court if a parent willingly chooses to forego opportunities that would allow them to pay for child support. To determine whether a parent is voluntarily impoverished, Maryland courts will determine the parent’s “potential income” via an analysis of the following factors: age assets physical and behavioral condition level of education special training or skills literacy residence occupational qualifications and job skills current total income employment and earnings history record of efforts to obtain and retain employment criminal record and other employment barriers employment opportunities in the area where the parent lives When evaluating the level of employment opportunities in the area where the parent lives, the courts will analyze the status of a parent’s local job market, prevailing earnings levels, and the relative availability of employers who are willing to hire the parent. While the effectiveness of Maryland’s courts to determine voluntary impoverishment remains to be seen, this new addition to the state’s child support statute is potentially very good news for those who have been struggling to receive proper child support from their co-parents due to a voluntary decision not to be employed. How Maryland Courts Can Choose to Decline a Child Support Order Changes to Maryland’s child support statute also include increased authority for state courts to decline ordering child support in certain cases. The declination is expected to primarily apply to orders wherein the parent resides with the child and is already providing support. Maryland courts may also decline to order child support under the following conditions: The parent is unemployed or generally lacks the financial resources from which to pay child support. The parent is currently incarcerated and is expected to remain so during the period where they are legally obligated to provide child support. The parent is currently institutionalized within a psychiatric care facility or rehabilitation center and is expected to remain so during the period when they are legally obligated to provide child support. The parent is unable to find or maintain employment due to a total and permanent disability and receives no income aside from disability benefits. The parent is currently unable to find or maintain employment because of compliance with criminal detainment, hospitalization, or a rehabilitation treatment plan. With such significant changes in place to Maryland’s child support statute, parents may need to reassess the current agreements they share with their co-parents. As always, our team is ready and willing to work with you and your family to better understand these changes and provide guidance where necessary. If you have questions about child support, please contact Laurie Wasserman at laurie@wassermanlawoffice.com or 410-842-1070. The legal team at Wasserman Family Law is here to help guide and advocate for you. Read next: Important Security Measures to Take Before, During, and After Divorce What to Do if Your Co-Parent is Suffering from a Substance Use Disorder Disagree With Your Co-parent on Which School Your Child Should Attend? Here Are Some Strategies FAQ: Everything You Want to Know About Divorce or Custody Mediation in Maryland 5 Tips for Successful Co-Parenting Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

Parents who suffer from substance use disorders could be a danger to themselves or the children in their custody. If you are concerned about your co-parent’s behavior regarding a substance use disorder, do not hesitate to get in contact with one of our family law attorneys to discuss strategies to protect your children. Understanding the Signs of Substance Use Disorders If you have observed the following symptoms, your co-parent might be struggling with a substance use disorder. This list is not exclusive, and it is important to note that many of these symptoms may be associated with other medical conditions that are not substance abuse disorders. Alternatively, some people are able to hide their substance abuse disorder. Physical signs: Noticeable deterioration of physical appearance Lack of proper hygiene and grooming Sudden fluctuations in weight Lack of coordination Slurred speech Rancid odor on breath and body Behavioral signs: Neglecting personal responsibilities Engaging in secretive and suspicious activities Trouble with law enforcement (drunk driving, assault, accidents) Sudden mood swings, increased aggression, paranoia, depression, and lethargy Abandonment of hobbies and physical activity Increased financial instability If you suspect your co-parent is exhibiting symptoms of a substance use disorder, consider taking necessary actions to protect your children. Change in Custody Your options regarding custody of your children will be dependent on whether you have an existing custody order or agreement. If there is a custody order in place, and the other parent will not agree to additional protective measures for the children, then, depending on the circumstances, you may need a change in custody, a protective order, or intervention by Child Protective Services. In certain circumstances—sometimes on the same day as filing—you can seek emergency relief from the courts. These situations are very fact specific, and our family law attorneys can assist you to determine the best course of action. How Can You Help Your Co-Parent with Substance Use Disorder? When it comes to a parent with a substance use disorder, the priority is to ensure the children are safe. Once modifications have been made and orders are in place to keep your children safe, you can then attempt to address the substance use disorder with your co-parent. Rather than confronting your co-parent with anger, consider whether to engage the help of medical professionals or provide resources to support their recovery and rehabilitation. Oftentimes, a custody order with specific benchmarks that encourage a healthy lifestyle while protecting the children gives hope to and helps motivate the parent with a substance use disorder. One of our family law attorneys can carefully craft provisions to meet the needs of the children, which may include, supervised visitation, required testing, and verification of treatment. You may also want to consider enlisting a medical professional to help you and your children. Your children may have questions about the parent with the substance use disorder or the sudden change in the custody arrangement. An experienced professional can help you understand the best way to communicate with your children. For Parents Struggling with Substance Abuse If you are a parent struggling with a substance use disorder, the two most important things to do right now for your family are to 1) get yourself into treatment as soon as possible, and 2) make sure that your children are safe and properly cared for. Seeking treatment for substance use communicates to your children, your co-parent, and a current partner that you are committed to doing the best for your children—even if it requires great courage and personal sacrifice. Even if you disagree with your co-parent’s perception of your own health, and you believe that potential accusations of substance use are exaggerated or outright false, give yourself time and space to fully examine your current behavior and its effects on your children. You may find it helpful to start getting tested and attending support programs, if nothing else than to prove to your family that you are committed to a safe and healthy relationship with your children. If you have questions about substance abuse and custody, please contact Laurie Wasserman at laurie@wassermanlawoffice.com or 410-842-1070. The legal team at Wasserman Family Law is here to help guide and advocate for you. Read next: Important Security Measures to Take Before, During, and After Divorce What to Do If You Cannot Agree on Dividing Personal Property in Maryland Divorce How Marital Property is Divided in Maryland Divorce FAQ: Everything You Want to Know About Divorce or Custody Mediation in Maryland Who Keeps the Dog in a Maryland Divorce? Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

When dividing marital property in a divorce, jointly owned real estate is often the most valuable asset to divide. Even if the goal is to sell the property and share the profits, one spouse is usually left responsible for making payments for the property until it is sold. If you are solely making payments on your co-owned property while separated or going through the divorce process, Maryland has a special credit that may apply to you. “Crawford Credits” In 1977, Maryland couple Robert and Alice Crawford separated. Alice remained in their jointly owned home and continued making all home-related payments during this time. When Alice sold the home a few years later, she put the net proceeds of the sale into a bank account. In 1982, Robert sued her in hopes of receiving half the bank proceeds, claiming that he was entitled to half of the proceeds because he co-owned the home. At first, the Maryland trial court ruled in favor of Robert and considered Alice’s payments as a “gift”, and ordered that the proceeds of the sale be split equally. The case was appealed to the Maryland Court of Appeals, which held that a “gift” cannot be presumed if the couple is separated, and ordered that Robert make contributions to Alice for the payments Alice had made. The outcome of this case has set a legal precedent today which is referred to as “Crawford Credits.” “Crawford Credits” can be requested when married co-owners of jointly titled real estate separate, and one spouse continues to pay the home expenses without any help from the other spouse. The spouse who continues to make payments without assistance from the other co-owner could be entitled to receive contributions from the non-payor spouse as part of the divorce. The contributions are for home-related expenses including the mortgage, real estate taxes, home insurance and repairs. However, it is important to know that “Crawford Credits” are not guaranteed, and rests in the sole discretion of a Judge to determine if they should be applied to a case. The Exceptions to the Rule The Courts recognize there are certain circumstances when these credits should not apply. Here are some exceptions to the “Crawford Credits”: If the spouse making the payments is using a joint bank account or what is deemed as “marital funds,” the Court may not require credits to be made by the non-payor spouse. The funds are considered joint contributions by both parties. If the spouse making the payments kicked the non-payor spouse out of the home, the Court will generally not require the non-payor spouse to make contributions to the home expenses. The act of “ousting” one spouse from the home generally forfeits the other’s right to contribution. If the spouses came to a mutual agreement about the home and its expenses, the agreement may override a request for “Crawford Credits.” Depending on the financial circumstances of both spouses and the outcome of the divorce, the Court could find “Crawford Credits” unfair to the non-payor spouse. For example, the non-payor spouse may earn significantly less, or they may be required to pay a significant amount of child support and/or alimony offsetting their ability to pay contributions on the home. If both spouses are still living in the home, the Court might reject the request for “Crawford Credits.” At Wasserman Family Law, we work with our clients to help them receive fair outcomes in their divorce. Our team can assess your situation and determine if the Crawford Credits apply to your case. If you have questions about Crawford Credits, marital property, or divorce, please contact Laurie Wasserman at laurie@wassermanlawoffice.com or 410-842-1070. The legal team at Wasserman Family Law is here to help guide and advocate for you. Read next: Important Security Measures to Take Before, During, and After Divorce What to Do If You Cannot Agree on Dividing Personal Property in Maryland Divorce How Marital Property is Divided in Maryland Divorce FAQ: Everything You Want to Know About Divorce or Custody Mediation in Maryland Who Keeps the Dog in a Maryland Divorce? Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

Disagreements over which school your child should attend usually arise when a co-parent wants to relocate to an area within a different school district, or when a co-parent wishes to transfer a child to/from a private, public, or charter school. It can be difficult to reach a consensus on decisions because, in most situations, both parents have good reasons supporting their position. If the parents cannot reach a compromise, these disputes may end up in Court. For those co-parents who are struggling to reach a compromise on which school their child should attend, we suggest the following strategies. Review Your Custody Agreement Depending on your custody agreement, one parent may have the final say over the matter of school choice. For example, if one co-parent possesses sole legal custody of the children, then that parent is permitted to make the final decision regarding their children’s education. However, if co-parents possess joint legal custody of the children, they must reach a compromise on matters related to their children’s education. Unless one co-parent has been granted “tie-breaking authority,” which enables that parent to make the final decision regarding their children’s education, you must work to reach a mutual decision. Your custody agreement may also have other provisions which impact school. For example, some agreements specifically state which parent’s residence is the residence for school enrollment purposes. Other agreements state that parents cannot change a child’s school or medical care providers without approval from their co-parent, meaning that the default school is the current one. Put Your Children’s Needs First If you and your co-parent must go to court to settle the dispute over school choice, prepare yourself by understanding which factors inform a judge’s decision. Family court judges tend to favor stability and may not agree to a school change for the children if the decision is not in a child’s best interest. Your decision to change schools needs to be focused on your child’s needs—and not your own needs. Co-parents looking to defend their position—either to keep the children at their current school or to relocate them—will want to plan talking points centered on what they believe is in the best interest of the child. Co-parents should ask themselves why a possible school change for the children is necessary. Would the change be made to improve the life of the children, or would the change be made to benefit the parent? Also consider the costs associated if changing from public to private, or vice versa. Ask yourself if the children would truly be better served in a different academic environment. Are the children excelling at their current school or are they falling behind academically? Would separating the children from their social circles negatively impact their well-being? Above all else, keep the discussion focused on the child, and do not let your personal feelings on the matter cloud your judgment. File to Modify Your Custody Order If you truly are unable to come to a joint decision on behalf of the children, one co-parent may want to consider filing for a modified legal custody agreement. Bear in mind that modifying a custody agreement can become a lengthy and expensive process and should only be done if the modification is in the best interest of the children. For genuine disputes that require timely resolution, a co-parent can also file for emergency custody or an expedited custody modification hearing. However, each county’s family court has a different interpretation of what constitutes an “emergency,” and therefore hearings are not guaranteed. If you do not have an emergency or expedited hearing, then you may be waiting months to a year for a court hearing on the issue. Have a backup plan ready to go if you must wait. Work Out Your Disagreements With a Mediator or Parent Coordinator Sometimes, the most effective solution is for an objective third party to view the situation clearly and help co-parents reach a compromise. Parent Coordination exists to help resolve disputes between co-parents without the need to involve the court. A Parent Coordinator can also serve as a tie-breaker in parental disputes if the co-parents decide to grant them the authority. Parent Coordinators will always make decisions that serve the best interest of the children. For more information on parent coordination services, as well as further guidance on disputes with a co-parent, contact our office today. Another option is mediation, which may be a required first step in many parenting agreements. Mediation differs from Parent Coordination in that the mediator cannot be delegated the authority to make the decision; however, the mediator is trained in helping parents reach agreements. Many of the attorneys in our office are trained mediators and can assist with this process. If you have questions about co-parenting schedules, Parent Coordination, or mediation, please contact Laurie Wasserman at laurie@wassermanlawoffice.com or 410-842-1070. The legal team at Wasserman Family Law is here to help guide and advocate for you. Read next: 5 Tips for Successful Co-Parenting Tips for Co-parents to Plan Summer Vacation Schedules What to Expect with the “Parent Coordination” Process FAQ: Everything You Want to Know About Divorce or Custody Mediation in Maryland How to Transition from Parents to Co-Parents Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

With summer only a few weeks away, co-parents need a summer access and vacation schedule in place. Approaching the summer months without a plan in place could take what should be a fun time for the children, and turn it into a time of arguments, disappointment, and confusion. For those who have not outlined a specific schedule for summer vacations with their co-parent, here are a few tips to help facilitate the conversation and ensure that no child or parent will be forced to sacrifice valuable family time this year. Vacation Time Often Takes Precedence Over Standard Visitation Time In most co-parenting agreements and Orders, vacation and holiday time supersedes standard visitation schedules. For example, if one parent has properly scheduled their vacation time in accordance with the agreement, and wishes to take the kids on a trip, they can do so even if the vacation does not fall on a standard week of custody. Some parents agree that vacation weeks can be taken consecutively, while others are non-consecutive, so as to avoid the children being away from either parent for a long period of time. When planning your vacation, make sure to carefully read your agreement or Order and select your dates accordingly. It may be hard to change reservations and plans at the last minute if you fail to follow vacation provisions. Outline Dates on a Co-parenting Vacation Calendar A simple solution for avoiding scheduling conflicts with a co-parent throughout the year can be the creation of a mutually agreed upon vacation calendar. Toward the beginning of a calendar year, talk with your co-parent about how you envision the coming months with the children. While plans may change down the road, a fixed calendar can provide a decent framework for upcoming vacation time. Parents should pick a date by which vacation dates will be selected and have an agreement in place in case parents want the same weeks as to who gets priority. Parents should also be cognizant of family traditions such as reunions or trips with extended family so that the children do not miss out on a vacation they enjoyed in prior years. Share Details With Your Co-parent Well in Advance Before you or your co-parent schedules a summer trip, consider looking back at your co-parenting agreement to review what information needs to be shared between both parties. Particularly for long-distance trips, co-parents will ideally share vacation details with one another, including: Lodging information Relevant contact information Travel itineraries How to get a passport (if needed) To be proactive and avoid future conflicts, co-parents may also want to consider scheduling time in advance for phone calls/video calls with the children while they are on vacation. The children may be busy having fun to do a call every night, but a call once or twice during a week may make a big difference to the other parent and the children. Work Out Your Disagreements With a Mediator or Parent Coordinator A conflict over scheduling vacations, while important to you, does not rise to the level of a Court emergency. As such, the Court may not be able to resolve your vacation dispute before the summer starts. Co-parents who are unable to reach any form of agreement over summer vacation schedules may want to consider speaking with an experienced Mediator or Parent Coordinator. Mediators can facilitate a discussion between the parties and help the parties reach a resolution. If you and your co-parent need a “tie-breaker”, then a Parent Coordinator can step in to resolve the dispute. With the expert guidance of a Mediator or Parent Coordinator, co-parents can come to a workable resolution. If you have questions about co-parenting schedules, please contact Laurie Wasserman at laurie@wassermanlawoffice.com or 410-842-1070. The legal team at Wasserman Family Law is here to help guide and advocate for you. Read next: 5 Tips for Successful Co-Parenting Top 12 Books for Co-Parents as Recommended by Divorce Attorney, Laurie Wasserman What to Expect with the “Parent Coordination” Process Co-parenting Tips: How to Handle Vacation Disputes During COVID-19 How to Transition from Parents to Co-Parents Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

Prenuptial agreements are not just for the incredibly wealthy. Rather, it is a tool for anyone getting married to ensure their future financial security. For people who enter new marriages with their own bank accounts, independent assets, debts, and even children, prenuptial agreements are often a necessary step before building your new life with your partner. Whether you are thinking about your prenuptial agreement for the first time, or you are looking to revisit your prenuptial agreement several years after signing one, below are answers to some of the most common questions people tend to ask about prenups in Maryland. What Is a Prenup? Prenuptial agreements are created to eliminate doubt over asset ownership and spousal support payments in the event of divorce or death. What Is Included in a Prenup? Commonly, a prenuptial agreement will outline legal terms related to: How jointly-owned property and assets between two spouses will be separated if the marriage ends Distinctions between marital ownership of assets and individual ownership of assets Each spouse’s legal right to buy or sell property and assets during the marriage Joint debt repayments Individual debt protections Alimony payments following separation Each spouse’s right to benefits from a life insurance policy Each spouse’s right to benefits from a last will and testament The inheritance rights of a child from a previous marriage or relationship Bear in mind that prenuptial agreements are limited in that they do not cover matters related to child support and custody, division of marital duties, and other preferences that cannot be legally enforced. Prenups should be prepared and written in such a way that each party has full and frank financial disclosure. What if I Later Change My Mind on My Prenup? Once a prenup is executed, it cannot be revised without the consent of both parties involved. As time progresses, some prenuptial agreements must be revised to account for new or lost assets and properties, as well as overall changes in a couples’ financial situation. Amendments and revocations for prenups are commonly accepted in Maryland, although we recommend consulting with an experienced family attorney before making any revisions to your agreement. Note, it is extremely difficult to invalidate or set aside an executed prenuptial agreement. Spouses who choose to challenge their prenuptial agreements may struggle in court, as the burden of proof falls on their shoulders. If an individual wants to set aside or terminate a prenuptial agreement, some of the things a court will consider are if: One spouse has not been transparent about their assets, property, or debts A critical mistake within the prenup has been discovered Someone was coerced or manipulated into signing an agreement against their will A valuable asset was hidden from a party The terms of the agreement were fundamentally unfair to one party Couples are strongly encouraged to confer with an attorney while drawing up their prenuptial agreements to avoid any potential mistakes or conflicts that may harm them in the long run. Additionally, although it is up to each person to choose whether they want to confer with an attorney at all in the drafting, negotiation, and signing of a prenup, one attorney cannot advise both parties. What Do I Need and Where Do I Start? Generally, prenuptial agreements require couples to be fully transparent about their finances, both with one another and with their attorneys. Before drafting an agreement, if possible, be sure you have the following documents on hand to share with your legal representative: Copies of bank and investment account statements The titles and deeds to all owned properties A list of all valuable assets A recent pay stub Tax returns Retirement plan statements Records related to debt Any relevant financial information regarding personal business interests Please note that prenuptial agreements should be completed at least one month before the wedding so the process is not rushed. You should begin the drafting process several months beforehand. If you have further questions regarding the creation, revision, or potential termination of your prenuptial agreement, please reach out to our office. If you have questions about prenups, please contact Laurie Wasserman at laurie@wassermanlawoffice.com or 410-842-1070. The legal team at Wasserman Family Law is here to help guide and advocate for you. Read next: What to Do If You Cannot Agree on Dividing Personal Property in Maryland Divorce Important Security Measures to Take Before, During, and After Divorce Who Keeps the Dog in a Maryland Divorce? Do We Need to be Separated for a Year to Get a Divorce? | Mutual Consent Divorce in Maryland Prenuptial Agreements: A Roadmap for Marriage Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

During the divorce process, many people worry about the cost of healthcare and medication, especially if those costs were shared with a soon-to-be-ex. For those who have shared a health insurance policy with their former spouse throughout their marriage, an absolute divorce means that the shared coverage will end. With proper planning, there are options for health insurance after the divorce decree has been signed. Below, we have outlined the most common steps to take to secure a new or existing health insurance policy in Maryland following a divorce. Transferring to COBRA In Maryland, a court can issue an order requiring the continuation of a married couple’s health insurance until the divorce is finalized. This means that during the divorce process, the spouse holding the insurance policy cannot drop the other spouse from the plan. In fact, some plans will not let a spouse change coverage until the divorce is finalized even if there is no court order (without proof of alternative coverage). Generally, once a divorce is granted, a former spouse cannot stay on their exes’ insurance plan long-term. In the short term, however, a former spouse can remain on their exes’ health plan for a limited period post-divorce. Continuation of health coverage following a divorce is commonly provided by COBRA, an act provided by the US Department of Labor that allows individuals to hold on to their health benefits following certain qualifying life events. A COBRA plan lasts up to 18 months in Maryland, and individuals must enroll within 60 days following their divorce to qualify for coverage. COBRA is only available for those who received a health insurance group plan from their spouse’s place of employment for over 3 months. However, former spouses may need to brace themselves for a hefty increase to the cost of their premiums following the transfer to COBRA, as the portion of the insurance payments previously subsidized by the group plan falls to the individual. COBRA coverage also does not qualify for financial assistance from the federal government. While COBRA coverage comes at a high cost, it is a good option to consider if you do not have insurance post-divorce. Look Into Open Enrollment Options Many people utilize COBRA as a temporary stopgap before signing up for their employer’s open enrollment health insurance plan. If the open enrollment period for a 2022 health insurance plan has ended, individuals still do have options for alternative coverage. Divorced individuals — and others who have experienced major life events — can qualify for the Special Enrollment Period to explore other health insurance options. Depending on the plan, the enrollment period lasts 60 days following the finalization of the divorce. Individuals who qualify can also enroll in Medicaid at any time of the year. To qualify, the individual must fall below a certain household income level (as well as pregnant women, elderly adults, and disabled people). If an employer-based plan or Medicaid are not options, you can also look at insurance options on the Health Insurance Exchange in accordance with the Affordable Care Act. A life-changing event such as divorce will allow you to qualify for special enrollment outside of open enrollment. What About the Children? If one parent qualifies for continued, employer-based health insurance, the children you share with your former spouse are eligible to receive coverage until they turn 26, however, parents are not legally required as part of the divorce to maintain insurance for their children after the child turns 18. If both co-parents receive a family-based health insurance policy through their employers, the parents can choose which policy shall cover the children. Additionally, parents can choose to have the child covered by both policies, one as a primary policy and the other as a secondary policy. The cost to the parent for providing health insurance coverage to children is something that is taken into consideration when calculating child support, so this is something to discuss with a family law attorney. If neither parent can afford to pay for their child’s health insurance, the child may qualify for the Maryland Children’s Health Program, often referred to as MCHP, which subsidizes the cost of healthcare until the child reaches the age of 19. Talk to Your Attorney About a Settlement If you remain unsure as to how you will afford, or even find quality health insurance after your divorce, talk to your family law attorney about reaching an agreement with your former spouse before the divorce is finalized. Your family law attorney can help you negotiate terms that make post-divorce health insurance coverage affordable. If you have any further questions regarding health insurance coverage, either before or after your divorce settlement, please do not hesitate to reach out to my office. If you want to know more about health insurance and divorce, contact Wasserman Family Law at info@wassermanlawoffice.com or call our main number 410-842-1070. Read next: Important Security Measures to Take Before, During, and After Divorce What to Do If You Cannot Agree on Dividing Personal Property in Maryland Divorce Who Keeps the Dog in a Maryland Divorce? Contemplating Divorce? Here Are 10 Things You Should Consider How Marital Settlement Agreements Can Make Divorces Quicker During The Pandemic Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

Disclaimer: Adoptions are a complicated procedure. A contested adoption is rare and procedurally difficult. This is a general outline of the procedure, but there are many other steps and considerations in any adoption case. You should contact an attorney if you are interested in adopting a child that is not biologically yours. 1. What Is an Independent Adoption? An independent adoption is an adoption that is arranged not through a child placement agency. Generally, independent adoptions are when a step-parent seeks to adopt their step-child, a same-sex second-parent wishes to adopt their own child, or when a third party seeks to adopt a child that is not biologically their own. These adoptions can be uncontested, meaning the biological parents, the adoptive parents, and the adoptive child all agree to the adoption. If one or both of the biological parents do not consent to the adoption, then these adoptions can be contested. 2. What Is the Independent Adoption Process? 1. File a Petition: First, the prospective adoptive parents must petition the Court for the adoption. The Petition requires certain information and documentation to be filed with the Court, such as birth certificates, death certificates (if the birth parent is deceased), marriage certificates of the prospective adoptive parents, as well as statements of health for the prospective adoptive parents and the prospective adoptee. 2. Consent of the Child: If the child is over the age of 10, the child must consent to the adoption, and be represented by an attorney. 3. Consent of the Parents: Generally, the biological parents must consent to the adoption. The consent must either include Termination of Parental Rights (“TPR”) or not. If TPR Is Included: Generally, when an adoption is granted, the adoptive parents become the legal parents for all intents and purposes under the law. When the biological parents consent to the adoption and agree to terminate their parental rights, that parent will no longer have an obligation to the child—legally or otherwise. The child will only be recognized as the child of the adoptive parents. If TPR Is Not Included: In a step-parent or second-parent adoption, one biological parent will be retaining parental rights. So, one parent will consent to the adoption, and consent to terminate their parental rights, while the other parent will consent to the adoption, and maintain their parental rights. 4. Investigation: Before the court conducts a hearing on the adoption, the court will order a home study, and conduct interviews with the adoptive parents, the child, collateral witnesses, and will allow the birth parents to be interviewed. The court investigator will issue a report, indicating whether they recommend the adoption. Generally, this is required for both uncontested and contested adoptions. 5. Hearing: In both uncontested and contested adoptions, there will be a hearing on the adoption, and the court will determine if it is in the best interest of the child for the adoption to be granted. If granted, the parental rights of the biological parents will be terminated (unless the biological parent consented without TPR, such as a step-parent adoption). If denied, then it is as if nothing changed. The biological parents remain the parents of the children. 3. What Is a Contested Adoption? A contested adoption is when one or both parents do not consent to the adoption. Generally, the prospective adoptive parents seek the consent of the biological parents before filing the Petition for adoption. However, if one parent does not consent or cannot be located, then the case must proceed as a contested adoption. 4. Can the Court Grant an Adoption Over Parental Objection? Technically, yes, but it is extremely rare and reserved for very specific circumstances. The prospective adoptive parents have a high burden to prove to the court that an adoption over parental objection is in the best interest of the child. Generally, the court can only grant an adoption over a parents’ objection if the biological parent has not had custody of the child for an extended period of time, that the prospective adoptive parents have had custody of the child for an extended period of time, that the child is bonded with the prospective adoptive parents, and that the biological parents have not maintained meaningful contact or provided support to the child. There are other factors the court considers, but it is important to know that one’s right to parent their children is a fundamental right, and constitutionally protected, so the courts are concerned with protecting that interest. 5. What Is the Effect of Adoption? An order for adoption legally severs ties with the birth family. The adoptive parents become the child’s parents for all intents and purposes. The child’s name may be changed if that is requested. The birth parents will be removed from the child’s birth certificate and will be replaced by the adoptive parents. 6. Can the Birth Parents Remain in the Child’s Life? If all parties agree, then yes. If the birth parent consents to the adoption and wishes to remain in the child’s life in some way, the adoptive parents and the birth parents can enter into a Post Adoption Consent Agreement (“PACA”) that outlines the expectations after the adoption. Sometimes the PACA can include visitation, or it can simply be the agreement that the adoptive parents will keep the birth parents informed of major life events in the child’s life. The parties can be creative as to what this looks like. If a court grants an adoption, the court will not order any type of post-adoption contact—that must be by agreement of the parties. If you have questions about contested or uncontested adoptions, please contact Laurie Wasserman at laurie@wassermanlawoffice.com or 410-842-1070. The legal team at Wasserman Family Law is here to help guide and advocate for you. Read next: How Do I Adopt My Stepchild/Grandchild In Maryland? De Facto Parentage: Child Custody in Maryland When You Are Not the Biological Parent When to Appoint a Child’s Attorney in Maryland Everything You Want to Know About “Parent Coordination” (FAQ) How to Transition from Parents to Co-Parents Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

In December 2021, the Court of Special Appeals of Maryland made two important decisions regarding the payment of child support. Both decisions arose from the same case, Fludd v. Kirkwood. These decisions have a far-reaching impact on those paying and receiving child support. The first decision was that a court can continue to hear a child support matter even if both parents no longer reside in Maryland. The original case involving the mother, Ms. Kirkwood, and father, Mr. Fludd, was in Montgomery County. After ten years of on-and-off litigation, both parents moved outside of Maryland. Before Ms. Kirkwood moved, she filed a case in Maryland regarding child support and Mr. Fludd responded to her filing. But, for unclear reasons, Ms. Kirkwood’s child support motion sat dormant in litigation for four years. Eventually, Mr. Fludd argued that the Maryland Court should not hear the case because no one lived in Maryland anymore. He wanted the case heard in Texas, where Ms. Kirkwood and their children were living, and where the custody portion of their case had already been transferred. Meanwhile, Ms. Kirkwood wanted to keep the child support matter in Maryland to maintain the four years’ worth of child support arrears that she was owed. There are specific rules that a court must consider when multiple states are involved in a custody or child support dispute. Those rules are called the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”). The Court found that because the parties lived in Maryland before they separated, and the obligation to pay child support arose in Maryland, the case could continue in Maryland even though neither party resided in the state. This is important because it shows that a parent cannot run away from child support obligations, including arrearages. Rather, the obligation continues in that originating state until a court determines otherwise. The second important decision the Court made was that Mr. Fludd was prohibited from raising the defense that Ms. Kirkwood waited too long to file her claim regarding arrears because the case was dormant for over four years. In other types of litigation, the defense Mr. Fludd tried to raise, called “laches”, could be a reason for the Court to deny a request made by someone who waited too long to pursue a dispute. The Court found that in Ms. Kirkwood’s case, the delay was the Court’s fault, and not Ms. Kirkwood’s so that defense was rejected. Additionally, child support is the child’s right, and a child cannot be said to have inexcusably delayed asserting their right to support. Any delay in the child support action could not have relieved Mr. Fludd of his continuing duty to support his children. This decision implies that a parent can pursue arrears even if that pursuit is years later. The case containing these decisions is Fludd v. Kirkwood (No. 1297, September Term, 2020, Filed December 16, 2021). If you have questions regarding child support obligations or arrearages, please contact Wasserman Family Law. If you have questions about child support, please contact Laurie Wasserman at laurie@wassermanlawoffice.com or 410-842-1070. The legal team at Wasserman Family Law is here to help guide and advocate for you. Read next: Child Custody and Relocation of a Parent What Are My Options if a Co-Parent Violates Child Custody Agreement in Maryland? FAQ: Child Support in Maryland How to Transition from Parents to Co-Parents How to Prepare to Testify as Witness in a Trial Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

Although there are available resources for how best to co-parent, there is no collective guidebook on successful co-parenting. Each family dynamic is different and depends on your current relationship with your fellow co-parent. For some, the transition to co-parents may be smooth, painless, and built on a foundation of trust and respect. For others, the transition is not as seamless. Keep in mind that, at the end of the day, you cannot control the words and actions of your co-parent. Even if things do not work out the way you would like, remember that the needs of the children come before all else. Always start with the question, “Is this what’s best for my child?” and then formulate a plan of action. If you and your co-parent regularly disagree on matters related to your children, or communications are challenging, consider hiring a certified Parent Coordinator. ​A Parent Coordinator is a trained, impartial third party who works with parents to reach a fair resolution on issues relating to their children. Parent Coordination is especially helpful for co-parents who find it difficult to come to shared decisions on behalf of their children. For those who are struggling to communicate or compromise with their co-parent, or those who are newly separated and do not know where to begin, here are five strategies to consider. 1. Establish Boundaries Early In matters related to raising their children, co-parents often find success when they put aside their personal feelings for one another and act as business colleagues, rather than ex-spouses. To maintain an emotionally neutral and productive atmosphere when meeting with your co-parent, we encourage professional courtesy and mutual respect. When meeting with your co-parent, limit the number of distractions and conversations that may derail your focus on the well-being of the children. Unless relevant to the lives of your kids, you do not need to share new developments in your personal life with your co-parent. 2. Collaborate on a Written Co-Parenting Plan A highly detailed and mutually agreed upon co-parenting plan can provide a solid framework for your new family dynamic. Within your co-parenting plan, you may want to include rules and routines for: Birthdays and holidays (including gifts) Pick up and drop off times Introducing new partners Parent-teacher meetings Social media posts involving the children The parenting plan should address what to do if the parents cannot agree, in the event of a potential conflict in the future. Third parties, such as mediators or Parent Coordinators, may be necessary to reach a plan that both parents find acceptable. 3. Do Not Involve the Children in the Big Decisions If your children were not involved with sensitive parenting discussions before the separation, there is no reason why they should be included now. A time may come when a consensus cannot be reached regarding a parenting decision. However, leaving a big life decision in the hands of your children may result in undue pressure and stress. If children are asked to make their parents’ decisions for them, they may feel as though they are burdened with choosing the happiness of one parent over the other. Factoring in your child’s happiness and well-being are always important considerations when creating your co-parenting plan, but their direct input is not needed. 4. Keep Your Personal Feelings About Your Co-Parent to Yourself Even when your co-parent says or does something you find completely objectionable or inappropriate, always keep in mind the impact your words on the matter will have on your children. For many co-parents, badmouthing their former spouse in front of their children can feel like an emotional catharsis. Children can internalize parental insults in a way that can harm their relationship with both parents, hinder their emotional development, and validate negative behavior. Feelings of frustration and disappointment toward your former spouse are normal, but instead of venting these emotions to your children (or to others on social media), consider sharing these feelings with a trusted confidant, such as a therapist. 5. Accept Your Limitations as a Co-Parent You and your co-parent may have decided on a solid co-parenting plan, setting schedules, routines, and rules for behavior. But remember that, at the end of the day, your co-parent is going to parent in their own way. Be ready to accept the fact that following your separation, your co-parent is no longer beholden to the parenting style you two may have established while you were living under one roof. Give your co-parent space they need to discover how the new family dynamic will work for them and do not pry into how they are helping raise the children. If your children have an issue with how your co-parent is behaving, trust that they will share their concerns with you. Focus instead on strengthening your own bonds with your children. And remember that if your co-parent willfully ignores anything established in your co-parent plan, do not hesitate to reach out to an experienced family planning attorney for guidance. If you have questions about co-parenting or Parent Coordination services, please contact Laurie Wasserman at laurie@wassermanlawoffice.com or 410-842-1070. The legal team at Wasserman Family Law is here to help guide and advocate for you. Read next: Top 12 Books for Co-parents as Recommended by Divorce Attorney, Laurie Wasserman What Are My Options if a Co-Parent Violates Child Custody Agreement in Maryland? What to Expect with the “Parent Coordination” Process What if My Co-Parent and I Disagree on COVID-19 Protocol? Everything You Want to Know About “Parent Coordination” (FAQ) How to Transition from Parents to Co-Parents Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.