How a Non-Custodial Parent Can Claim A Child as a Dependent for Tax Purposes Usually, the custodial parent claims dependent children and takes the child tax credit. This is practical since the children are receiving the majority of their care from the custodial parent. But the law under certain circumstances allows non-custodial parents to take [...]
Don’t Forget Retirement Benefits!
You Got the Divorce Decree. But What About Retirement Benefits? There’s a QDRO For That. You may be divorced and have your divorce decree in hand but you or your former spouse may be entitled to a share of future retirement benefits.** For these benefits to be allocated, however, something called a Qualified Domestic [...]
The QDRO
Obtaining a Qualified Domestic Relations Order (QDRO) Defined contribution plans, 401(k)s, pensions and other retirement benefits are considered marital property.** This means, one spouse may be entitled to a portion of the other spouse’s retirement benefits upon divorce. If you are party to a divorce decree that either entitles you to a share of your [...]
Recent Maryland Decisions 9/28
COURT OF SPECIAL APPEALS Criminal Procedure, Criteria for continuance: The trial court did not abuse its discretion in denying defendant’s continuance to obtain exculpatory evidence, because defendant did not meet his burden to show that he satisfied the criteria set forth in Jackson v. State, 214 Md. 454, 459 (1957). Davis v. State, No. 953, [...]
Is Alimony a Property Right?
In some separation agreements lawyers may draft, alimony is included when discussing property rights; however Alimony is its own entity. According to Black’s Law Dictionary, “Alimony is distinct from property rights”. Alimony is a court ordered allowance that one spouse pays to the other spouse for maintenance and support. This is calculated based upon your [...]
Recent Maryland Decisions 9/14
Administrative Law, Private cause of action: TP §21-809, which authorizes the use of speed monitoring systems on certain roads, does not provide an express or implied private cause of action in tort.Baker v. Montgomery County, No. 124, September Term, 2011. RecordFax No. 12-0821-22, 28 pages. Civil Procedure, Court rules: In wife’s appeal of child custody [...]
Military Benefits in Child Support
Calculating Military Benefits into Child Support When you are applying the Maryland Child Support Guidelines to calculate what you should ask for or what you should pay for child support, make sure you do not neglect to include any military benefits you may receive or those that the other parent may receive. This includes military [...]
It’s Your Choice… Don’t Blow It!
Breathalyzer Refusal Admissibility In a criminal case, the prosecutor for the State of Maryland has the burden of proving your guilt beyond a reasonable doubt. This guilt is proven through what is called “admissible evidence”. In Maryland evidence of refusal to take a breathalyzer test is admissible only where it is material and relevant to [...]
