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Rockville MD Divorce Law Blog

Can I relocate for my new job if I have joint custody?

After a divorce Maryland parents may find themselves in a difficult situation: sharing custody of their children but offered the job of their dreams in another state. What's a parent to do in this type of situation? You may be wondering if you are allowed to take the job even though it would cause a huge child custody dispute. For the most part, you would be allowed by the courts to make the move if the other parent agrees.

Of course, it can be challenging to co-parent when the parents are living in another state. However, there are good reasons why the court would allow a parent to move. Besides a job offer, the parent can move to be closer to family, continue education or live in an area with a more reasonable cost of living. However, if the sole reason for the move is to retaliate against the other parent, then the court will not allow it.

Determining alimony payments fairly after a divorce

Maryland couples who have been through a divorce understand the emotions and stress involved when money is at stake. These couples may have consistently fought about money while married and often find that the battle does not end when the marriage does. In a divorce, there are often issues regarding not only assets and child support, but alimony, as well. It can be upsetting for a party to be forced to make monthly payments to a former spouse, but when there is a huge disparity in incomes between the spouses, then alimony is often necessary - at least on a temporary basis. However, with proper legal representation, you can ensure that you retain your rights and are treated fairly, whether you are the payee or payor.

Even if your divorce is complex, a lawyer can accurately analyze your specific situation and ensure fairness, above all. By using documentation and realistic numbers and projections, he or she can predict future income while working toward a goal of financial security for both parties.

Dealing with division of property when unmarried couples split

With the divorce rate sky high, many Maryland couples opt to forgo marriage altogether and simply live together. While this may seem to be the ideal way to avoid a costly divorce should the relationship end, asset division is still something that must be considered. Many unmarried couples purchase cars, houses and other big-ticket items together, but when the relationship sours, these couples do not have the same rights or responsibilities as married couples. Because everything is treated as non-marital property, there could be issues regarding division of property if the assets are not titled properly.

When purchasing a home together, the most equitable way for a couple to title it is as joint tenants. This means that each person has a 50 percent share in the home. This also gives the other partner right of survivorship should one partner die. This means that the surviving partner would own 100 percent of the home.

What can I expect as I proceed with my high asset divorce?

Divorce can be an uneasy feeling for Maryland couples, especially when a lot is at stake. A high asset divorce is typically more complicated than one in which very few assets are involved. No two divorces are the same, and the entire divorce can take anywhere from several months to several years. However, the overall process is generally the same. A divorce will generally follow the steps outlined below.

One spouse will initiate the divorce by choosing a lawyer and having him or her write a petition, or complaint. This complaint will discuss why he or she is asking for a divorce and how he or she plans to settle issues such as child custody, finances and asset division. The petition is then filed with the court and served, with a summons, to the other spouse.

Rockville doctor owes $100K in child support, loses license

Many parents fail to pay child support because they believe the penalties are minor. Most of the time, they avoid jail because it's useless to imprison someone instead of allowing that person to make money by working. However, the stakes are higher if someone has a professional license - such as a doctor - and the state revokes it. That was what recently happened to a Maryland doctor after he racked up more than $100,000 in delinquent payments.

The doctor's ex-wife has tried unsuccessfully for nine years to get him to pay the massive child support bill. The state finally stepped in and took the drastic move to take away his license. The Rockville eye surgeon can no longer legally practice medicine in Maryland. However, that did not stop him from moving 6,000 miles away and opening a practice in Kuwait. Now that he is living in another country, it will likely be even harder for his ex-wife to track him down and force him to pay

I earn less than my ex-wife. Will I still owe her alimony?

Gone are the times when the husband was almost always forced to pay the ex-wife alimony in a divorce. Family roles have changed for many Maryland spouses. In many households, the husband stays at home with the children, while the wife is the one working and financially supporting the family. Because of this, alimony is not always awarded to women. In fact, spousal support is not even an issue in some marriages. It is awarded based on various factors.

The purpose of alimony is to provide income to a spouse who earns a lot less than the other. While a difference in income of $10,000 or so may not be enough to warrant an alimony award, there is certainly a huge difference if the wife makes a six-figure income while the husband earns nothing because he is in charge of caring for the couple's young children.

Child custody often leads to dispute in military divorces

With so many military bases in Maryland, it's not uncommon for many divorces in the state to involve a spouse in the armed forces. A military divorce is a battle that most servicemen and women are not prepared for, especially when it comes to child custody. If there are children involved in a military divorce, judges tend to be unsympathetic and instead lean toward the parent who is not deployed and away from the children for months at a time.

Even though these brave men and women are away from their children for long periods of time in order to serve their country, they are considered absentee parents in the court of law. Even if they are exceptional parents when they are home with their children, judges fail to take this into consideration. This is complicated by the fact that military life means frequent relocation across the country. This can not only make life challenging for any children involved, but it can complicate things in the courtroom as well, since laws vary by state and each child needs a "home state."

Types of property involved in a high asset divorce

No matter how long a Maryland couple has been married, a divorce can still be emotionally draining. Divorces, however, are often easier when the couple has only been married a year or two. After this short amount of time, most couples do not accumulate much in terms of assets. They probably do not have kids together or even a house. However, when couples have been married for decades and suddenly divorce, things become more complicated. A lot can happen in that length of time. Couples may have started businesses, or accumulated collectibles and other assets of value. There are many types of property potentially involved in a high asset divorce.

High asset divorce isn't just for celebrities. With many people starting their own businesses or focusing more on investments, it's not uncommon for seemingly working class people to have millions of dollars in assets. Assets can mean money, material possessions and financial accounts. All of these assets must be split in a divorce, unless they were acquired before the marriage.

Can I ask my ex for child support to help support our child?

Raising a child in a two-parent household can be challenging enough for most Maryland families. Being a single parent can be especially daunting. Trying to care for a child on a limited budget can result in financial challenges, especially if there is more than one child involved. Parents may wonder if they qualify to receive child support. The following information is for general purposes only, but if they are the custodial parent, then they may in many circumstances qualify for child support. That being said, there are some other child support guidelines that must be followed.

First, it must be established that one party is the custodial parent. A custodial parent is one who has primary custody of the child and is involved in his or her day-to-day care. Sometimes the role of custodial parent may be assumed, such as when one parent leaves the household and has no interest in supporting the child.

How a high asset divorce affects Social Security earnings

In the past, most couples divorced well before retirement age, so there was rarely an issue about splitting up Social Security benefits. However, times have changed and more and more couples in Maryland and other parts of the country are divorcing in their 50s, 60s and even their 70s. Splitting up so late in life often causes one to rethink his or her retirement plans because their Social Security benefits - often their largest asset - often must be split with the ex-spouse. However, there are ways to maximize one's earnings without a huge dispute between the divorcing spouses.

First of all, the best way to go about this is to prevent an all-out war. All this does is cost more money, which is the opposite of the overall intention. Instead, focus on implementing the best method that allows each party to enjoy the standard of living that he or she was used to during the marriage. Besides Social Security, a high asset divorce may also include property, homes, cars, pensions and even alimony, all of which can be used to create fairness.

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Gaithersburg Divorce Lawyers Video

http://www.mckeonlawfirm.com 202-742-1800 The McKeon Law Firm handles marital property issues in divorce. The attorneys are experienced in business valuation & tracing assets. Contact us in Gaithersburg, Maryland for property division matters.

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