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Rockville MD Divorce Law Blog

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.

Guidelines for property division in a Maryland divorce

Most people have heard the saying "All's fair in love and war." While those who have been through a divorce may have experienced both love and war, very few will say that they got their fair share. However, there are some states - including Maryland - that focus on equitable distribution in a divorce. This means that while the assets may not be evenly divided, they will be split fairly.

In order for equitable property division to exist, it is important to first perform an inventory of all marital assets and determine their value. This includes not only bank accounts, homes, property, cars and heirlooms, but also intangible assets, such as stocks, bonds, 401(k)s and retirement accounts. If either spouse owns a company, business assets will also need to be divided. Anything acquired before the marriage remains the property of each individual spouse and will not be split in the divorce.

Lesbian couple in child custody dispute after splitting up

Maryland is one of 19 states that has legalized gay marriage. This number continues to grow, but since most states don't recognize same-sex marriage, there are no clear-cut laws when it comes to granting child custody when such a couple splits up. A lot of progress still needs to be made in regards to gay and lesbian rights, and unfortunately this affects the children involved in these disputes. For instance, a recent report noted that a lesbian couple is involved in a child custody dispute after splitting up.

In this case the baby was born to the couple through assisted reproduction. However, before the baby was born the couple split. One of the women gave birth to the baby and stopped speaking with the other woman. The other woman now wants legal custody of the child.

In some cases, alimony amount not set in stone

When Maryland couples divorce, one party may be forced to pay the other spousal support. In most cases, this alimony is paid until either party dies or until the receiver remarries. But what happens if the payer becomes unemployed or experiences a decrease in income? Can the payments be modified, at least for a temporary amount of time?

These questions are difficult to answer because there are no hard and fast rules when it comes to alimony. The rules vary from state to state and each situation is scrutinized carefully to determine if any changes should be made to the payment amount.

Asset division tricky when one spouse wants to buy a new home

Maryland couples who are in the process of splitting up will find property division to be quite complicated - especially when the marital home is involved, which it almost always is. This is especially true if the couple is still legally married and one of the parties wants to buy a new home. It's not always feasible to wait until the divorce is finalized before applying for a mortgage on a new home. While there are ways to get around this, the process of asset division can be challenging because there are many things to keep in mind.

When one person buys a new home while still legally married, the other party will have to consent to the transaction. The person buying the new house will still be legally tied to the old home unless there is a quit claim deed in place. The party not purchasing the home must sign this and allow the other person to buy the second home.

Child custody matters grow frightening when parents abduct kids

When their parents go through divorce, Rockville kids are sometimes caught in the middle of two emotionally-charged factions. While they may prefer to stay with one parent or in one household, the kids are often forced to split their time between their parents' two homes based on the child custody and visitation schedules their parents establish. For most families these schedules are necessary to keep the relative peace. For others, they are unworkable arrangements that force parents to do rash things.

According to one recent news story, around three-quarters of child abduction cases involve one of the abducted child's parents. This means that either the child's mom or dad refused to return the child based on a custody schedule or that he or she took the child at a time when the other parent was to have custody. In extreme cases parents take their kids and leave the country, leading to stories of international abduction, but many parents simply want more time with their kids and believe that it is their right to do so.

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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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