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When is Alimony Awarded in Maryland?
The Court can award alimony to either party on a Complaint for Alimony or as part of an action for Annulment or Divorce.
Depending on the facts of a particular case, alimony can be awarded to one spouse while the action is pending (called pendente lite alimony) as well as at the time of the final trial.
If the parties have resolved alimony by written Agreement, the Court will be bound by that Agreement as it relates to alimony. If the parties' Agreement states that alimony is not modifiable by any Court, then the Court cannot modify the alimony. However, if alimony is awarded by the Court, it is always modifiable.
The spouse seeking alimony does not need to have grounds for divorce. Further, grounds for divorce against the party seeking alimony (e.g. adultery) does not preclude the Court from awarding alimony to that party.
Under Maryland law, child support is determined based on the Income Shares Model. Therefore the monthly support amount for the child is proportionally shared between the two parents based on their incomes, past W-2s, and child support worksheets. One parent will then pay the other parent his or her share of child support. Considerations will also be made for existing debt, property settlement, mortgages, other children or any other financial considerations.
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