MARYLAND COURT OF APPEALS Administrative Law, Maryland Public Information Act: The circuit court properly granted plaintiff’s request, pursuant to the Maryland Public Information Act, to inspect certain police records regarding claims of race-based motor vehicle stops and the handling of such claims, provided that any information identifying particular individuals was redacted from the records. [...]
Be Mindful What You Tweet
Social Media and Attorney-Client Privilege: Be Mindful What You Tweet Attorneys have a professional responsibility to their clients in regards to the confidentiality of communications. The attorney-client privilege is meant to allow a client to speak with candor to his/her counsel and allow the attorney to explore all avenues of a case. As robust and [...]
Tax-tics: Claiming Without Custody
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 [...]
Divorce Can Be Very Taxing on You
The Tax Man Cometh: Avoiding Tax Pitfalls in Alimony Arrangements By statute, Congress has specifically defined, for tax purposes, what constitutes alimony under Section 71 of the tax code. Because of the specificity of this section of the tax code, courts have interpreted the statute literally, without much flexibility. As a result, there can be [...]
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 [...]
