Diamonds, dresses, flowers, and caterers are what couples typically discuss when they decide to get married; but, let me tell you what the topics turn to when couples decide to get divorced; alimony, marital property, and “equitable” division of assets.

Couples can avoid all of the emotional stress and pomp and circumstance of a formal wedding by simply running off to a Las Vegas and seeking a drive through chapel.  This alternative to a traditional wedding is arguably cheaper, more adventurous, and possibly even more fun.

Like the Vegas alternative to a formal wedding, there is a cheaper, easier, and less traumatic alternative to divorce litigation; a prenuptial agreement.  Everyone thinks that prenuptial agreement is a dirty word, well, two dirty words.  I promise you that there are much dirtier words in the arena of domestic law, including attorneys fees, alimony, dissipation of martial assets, and bankruptcy to name but a few.

A common misconception about prenuptial agreements is that they are only for people who have previously been married and have a lot of assets or professional football players, actors, rock stars, i.e. the very wealthy.  This is simply not correct.  Prenuptial agreements are just as helpful to couples who have minimal pre-marital asset or pre-marital debt obligations going into a marriage because no one can know how long the parties will be married or what the parties may acquire while they are married and if those pre-marital assets or pre-marital debts become comingled with other marital property or marital debt then problems may arise.

A prenuptial agreement can even be helpful to a couple that has no pre-marital assets or debts.  Consider the young soon to be wife who forgoes her education and career to stay home and take care of the household and children?  Should she not be entitled to some percentage of her husband’s annual income for until she can take the necessary steps to become financially independent in the event of divorce?  Most people, though likely not to include her husband, would agree that she is entitled to alimony.  Regardless of anyone’s opinion, alimony is provided for by statute in Maryland.  Rather than take this matter before the court in litigation, the parties could have a prenuptial agreement to state that by agreement of the parties wife will discontinue her graduate school program to be a full-time stay at home mother until the youngest child of the parties is school-aged and if the parties divorce prior to this occurring then in addition to any child support payable to wife, wife shall be entitled to 20% of husband’s gross annual income, averaged over the previous 3 tax years.

Or again for our couple with no pre-marital assets, the agreement could be as simple as the parties hereto have no previously acquired non-martial assets and therefore they agree that all personal property, real property, bank accounts, stocks and retirement funds acquired during their marriage shall be marital property and shall be divided equitably, 50% to each party, in the event the parties should divorce.   I assume that there may be a couple of folks out there, maybe even family law attorneys, who know a little something about the Maryland Marital Property Act who are asking well what good does that do since the law provides for an equitable distribution of marital property anyway?  What the Maryland Marital Property Act actually says is that all property determined to be marital property is subject to equitable division by the court.  Let me assure you that equitable does not mean equal 50/50 shares in the minds of most parties who are going through a divorce.

If you are mature and compatible enough to contemplate entering into marriage then you should be able to have a frank discussion about what is reasonable in the event your marriage ends.  If a couple cannot even discuss the topic of a prenuptial agreement, well, need I say more?

This is the first article in an ongoing series about different types of domestic law agreements. The next article will discuss separation agreements.  As always, we here at Delaney & Keffler, LLC will provide you will practical solutions to real world problems and help you to protect your assets and your legal rights. Contact us today at 410-535-3476 (FIRM) or welcome@delaneykeffler.com for a free consultation.

For more than ten years legislators in Maryland have kicked around the idea of legalizing same sex marriage, prohibiting same sex marriage, and providing for domestic partnerships. During the 2012 legislative session Maryland’s General Assembly passed a bill allowing same-sex marriages and the bill was signed into law by the governor. The law then went to the voters of Maryland as a referendum in November 2012 to determine if it would be upheld and it was.

However, the legalization of same-sex marriage in Maryland is only the beginning of the issue, not the end. Maryland law will need to catch up to accommodate this recent change, leaving judges in the meantime on their own to interpret and apply the statutes currently in existence to the new situations that are beginning to occur. For example, due to the current statutory definition of sexual intercourse in Maryland, sexual relations between same-sex partners, even if one of the partners is married to someone else, do not meet the statutory definition of adultery!

Maryland has recognized legal same-sex marriages performed in other states for some time; therefore it is not as if there is no legal precedence available. However a case that was recently filed in the Circuit Court for Calvert County highlights how a seemingly typical issue that often arises can become hotly contested matter, giving rise to compelling legal briefs, oral arguments, and much consideration prior to a judge’s ruling.

In the above referenced case a Calvert County judge had to issue a ruling on whether a California court order finding the non-biological same-sex partner (who was married to the biological mother of the child) to be the “presumptive parent” for the purposes of establishing custody of a child was entitled to Full Faith and Credit (valid) in Maryland. The answers seems simple because under the legal doctrine of comity a valid court order entered in one state is generally valid in another state; this is also commonly referred to as legal reciprocity. In this case however biological mother argued that Maryland law does not have a statute that recognizes a “presumptive parent”, or de facto parent, and that in order to have standing to sue for custody in Maryland the person must be the legal parent of the child or must have adopted the child. If the person is not the legal or adoptive parent of the child then they must proceed as a third-partyunder Maryland law.

The legal relevance is that in Maryland custody cases a third-party (non-parent) must prove that both biological parents are unfit or that exceptional circumstances exist before a best interest of the child analysis can even begin. In other words, you have to clear a huge hurdle before you can even be in the race. In the referenced case, biological mother’s argument was that non-biological mother could be nothing more than a third-party under Maryland law. If the judge agreed with this argument, then non-biological mother would have an additional burden of proving biological mother unfit or that exceptional circumstances existed prior to the court allowing the case to proceed to the required best interest of the child analysis. However, the Calvert County judge did not agree with biological mother’s argument and instead ruled that the California Order is valid in Maryland.

As always, we here at Delaney & Keffler, LLC will keep up with legal developments and changes in the law to help you understand, assert and protect your legal rights. Contact us today at 410-535-3476 (FIRM) or welcome@delaneykeffler.com for a free consultation.

Child support in Maryland, as in all other states, is calculated using very specific criteria in an attempt to create consistency regarding the amount of support paid. This requirement is mandated by federal law.

Some state laws only consider the income of the non-custodial parent; Maryland law however, considers the income of both the custodial and non-custodial parent and unlike some other states, Maryland uses gross and not net income to calculate child support.  Being unemployed or underemployed does not excuse a parent’s obligation to support their children in Maryland.  Judges are allowed to impute income to parents who are found to be purposely avoiding employment (voluntarily impoverishment) in an attempt to keep their child support obligation lower.

The Maryland Child Support Guidelines allow work related child care expenses to be factored into the calculation of child support.   However, if the child is under two years of age, then the custodial parent may be allowed to stay home and care for the child.  This is due to the considerable cost of childcare for infants.  However, having an infant child is not an automatic exemption from the requirement to be employed.  If a parent prior to the birth of the child was making substantial income that would enable him or her to afford the infant childcare and still contribute financially to the family and they chose not to return to work, then the court could impute their previous income for the purposes of determining child support.

Maryland law allows deductions for any alimony that is being paid and also allows a deduction for child support that has been ordered in another case for another child.   These deductions are only considered if they are court ordered vs. voluntary and are actually being paid.

Maryland also allows a credit for the cost of health insurance to the parent who is providing coverage for the child.   The credit is for the cost to insure the child only, not the entire premium on the plan. Extraordinary medical expenses will be taken into consideration as well.  In Maryland extraordinary medical expenses are treatments, procedures, medical devices, prescriptions, and the like that cost One Hundred Dollars ($100.00) or more for a single occurrence.

Other expenses that are given consideration in Maryland include, the cost of transportation, especially if the non-custodial parent lives out of state; school expenses and tuition, especially if the child has attended a private or other non-publically funded institution; and, expenses for activities, such as dance, football, music lessons, and the like, particularly if these are activities that the child is already involved in and should be able to continue.

Fortunately, or unfortunately, Maryland law also takes into account the amount of time that the child spends with the non-custodial parent.  The more overnights a non-custodial parent has with the child, the less their child support obligation may be.   This factor can lead to custody and visitation becoming an issue once this fact is discovered as parents and attorneys literally count overnights in an attempt to increase or reduce child support.

As always, we here at Delaney & Keffler, LLC will take the time to fully explain the calculation of child support in your case.  Contact us today at 410-535-3476 (FIRM) or welcome@delaneykeffler.com for a free consultation.