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Defining Alimony and Child Support
Going through a divorce is a challenging and emotional experience. You’re dealing with a multitude of emotions that create stress. On top of this, the question of money looms like a storm cloud. While terms like spousal support, alimony and equitable distribution of property are commonplace in our society, the fact remains that not many people have a firm grasp on what they entail. Before learning how spousal support and alimony are awarded, it’s a good idea to contact a divorce lawyer who can guide you through this process. In Baltimore, there are lawyers who are in solo practice, or part of a legal group or firm, that handle divorce proceedings. Before you settle on a lawyer, do your research. There are a variety of websites that provide insight on individual lawyers, and you can also check with organizations such as the Baltimore County Bar Association or the Maryland State Bar Association. Don’t forget to ask for referrals when you’re interviewing a divorce lawyer. Under Maryland Law, you must first look, at Family Law, Section 11-106, Amount of award, duration. This section contains all of the factors that the Circuit Courts of Maryland consider when making a determination of whether to enter an alimony award and for how long. Maryland does not recognize spousal support like other states. In Maryland, you may request alimony pendent lite, (pending litigation). You may file for a limited divorce, after you have separated but have not been living separate and apart for more than a year. You may request a hearing on alimony prior to the grounds for divorce are litigated. At this hearing, the courts consider the following factors:
Award for Indefinite Period
The court may award alimony for an indefinite period, if the court finds that:
The Maryland Courts favor rehabilitative alimony or short term alimony that will last for a period of years to allow a spouse to receive training or additional skills in which to achieve or start a career in which they can support themselves. Unfortunately, there is no set formula in which attorneys or the spouses can use to predict the amount and duration of any alimony award. Alimony awards are fact specific and differ for most everyone. When determining the division of your marital assets, the court looks at all of your property accumulated during the marriage. This would normally include real property (houses) pensions, cars, bank accounts and furniture. Essentially, virtually anything of value. The marital estate may be examined by the court before determining how all of the assets will be divided. Remember that the court will base part of its decision on whether or not one spouse will be forced to liquidate assets in order to maintain a reasonable lifestyle. Maryland attempts to divide the marital property fairly and evenly except in cases of large disparities of income. Maryland also only takes into consideration the net asset value of all marital property. If the spouses marital debt exceeds their asset value, then the courts will consider the spouses insolvent and not divide the marital debt. Temporary spousal support (Alimony, Pendente Lite and child support are usually provided while a divorce case is pending. This ensures that a spouse who might not be employed, and any children, is receiving the proper amount of income and benefits while the other details of a divorce are being worked out. Another route you may experience is for the court to order support be paid retroactive to the date the divorce complaint was filed. It’s best to confer with a divorce lawyer about a retroactive spousal support payment and how it may affect you. Alimony and child support are crucial parts to any divorce. A divorce lawyer is key in making sure you - and your children - receive the proper amount of compensation to continue to live the lives you were accustomed to.
While divorce isn’t an enjoyable experience, hiring a competent divorce attorney, and knowing what is rightfully yours in regard to alimony, can help ensure a future that is free of financial worry.
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Defining Alimony and Child Support
Maryland Family Law recognizes eight different grounds for divorce. Adultery, voluntary separation (for at least 12 months), imprisonment (with a sentence of at least three years and at least 12 months already served), and living separate and apart (for at least two years), are among some of the reasons. For the court to grant a divorce based upon any of these grounds, they must be proved in court through evidence and testimony.
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