Bethesda MD Family Law Blog

Is it OK for you to move away with your kids?

On behalf of Steven J. Gaba posted in Child Custody on Friday, June 15, 2018.

Divorce is meant to bring about the end of any strife that exists between a couple. Unfortunately, that is not always the case. When putting more distance between yourself and your ex-spouse is not helping to ease the tension between you, you might then view relocating to a different area (or another state altogether) as the logical next step. Yet is that even an option when the two of you have children together?

It is, but only if you follow the right course of action. According to Section 9-106 of the Family Code of Maryland, that starts by notifying the court of your intention to move at least 90 days prior to relocating with your kids. The court will then review you case to determine whether or not you should be required to make your ex-spouse aware of your intentions. While the court recognizes the advantage of your kids having the influence of both of their parents in their lives, it is also understood that certain situations (such as were abuse may have occurred) may make keeping him or her out of the loop the best option. If, however, you are mandated to inform him or her of your plans, he or she then has 20 days to contest them. If he or she does, and expedited hearing will be schedule to review the matter (and revise your custody agreement, if necessary).

Tax considerations for alimony payments

On behalf of Steven J. Gaba posted in High Asset Divorce on Wednesday, May 30, 2018.

When getting divorced, spouses in Maryland who may end up paying spousal support to their former partners will need to understand the potential ramifications of this agreement. The financial implications of paying alimony is about a lot more than how much money goes out of one's bank account every month. As with other elements of a divorce agreement, there are tax consequences associated with these payments.

Exactly how taxes will be assessed on alimony payments is about to undergo a major shift in the United States. As explained by the Internal Revenue Service, for many decades now the person who has received spousal support has paid the income tax on that money. At the same time, the spouse who has made alimony payments has been able to deduct the amount from their individual tax returns. This has served as some form of consolation to payers of alimony over the years.

Detailing the priorities of appointment for guardianship

On behalf of Steven J. Gaba posted in Adult Guardianship on Friday, May 18, 2018.

No one in Rockville wants to contemplate being in a position where adequately caring for oneself becomes an impossibility. Yet countless clients come to members of our team here at Steven J. Gaba concerned that their loved ones lack the capacity to do just that. If you share the same fear, then you are likely in a tough spot. Your concerns over your family member or friend's safety may be in conflict with the thought of having a guardian assigned to him or her. That fear likely comes from the assumption that such a guardian is likely to be a stranger.

That does not have to be the case. In fact, the state has created a defined list of priorities when it comes to selecting a guardian for an adult ward. According to the General Assembly of Maryland, these are:

Any person, committee or organization nominated by your loved one him or herself (provided that he or she had the capacity to understand such a decision at the time it was made)
Any health care agent chosen by your loved one
His or her spouse
His or her parents
Any person designated to be your loved one's guardian in his or her will
His or her children

Mediation may not work for every case

On behalf of Steven J. Gaba posted in Alternative Dispute Resolution on Thursday, May 3, 2018.

The benefits of seeking an alternative dispute resolution through mediation to end a marriage have been detailed on this blog in the past. This does not mean, however, that mediation is the best option for every case. The individual circumstances of one's divorce may dictate that it be best resolved in a courtroom under the supervision of a judge and other court officials.

Just exactly what are these circumstances? The most obvious are cases involving abuse. Domestic violence is one of the most common contributors to divorce, and its after-effects can often be felt during divorce proceedings. Maintaining a calm, non-threatening environment is of vital importance when going through divorce-related issues. Such an environment is most easily attained in court. Indeed, the American Bar Association says mediation should never be recommended in cases involving domestic violence.

Is there an easy way to tackle property division?

On behalf of Steven J. Gaba posted in Property Division on Tuesday, April 17, 2018.

When couples in Maryland decide that it's time to split, they will soon have to decide how they want to split the things they've accumulated, too. Steven J. Gaba is here to help if you find yourself struggling with property division.

Unfortunately, there is no "easy" way to handle property division. Unless you and your ex-partner agree on every single asset you jointly owned, there are bound to be some conflict and difficulties along the way.

Custody dispute involving NBA player ends amicably

On behalf of Steven J. Gaba posted in Child Custody on Friday, April 6, 2018.

Many in Rockville may have a preconceived notion of how the typical child custody case plays out: A couple initially disagrees over custody, they argue their case before a judge (launching accusations and allegations at the other), and in the end, the judge typically sides with the mother. That assumption may actually be quite outdated, as today's family courts try to place the welfare of the children involved in such cases above all else. In many situations, the outcome may be quite different than what most might expect.

Take the recent case of a professional basketball and his custody dispute with his former girlfriend. Their custody dispute may have begun as many others so, with her alleging that he took their boys from her home in Michigan back to his in Texas without her consent, and him accusing her of partying and constantly leaving the kids with others. However, the two seem to have been able to set aside their differences and come at an agreement that by all accounts appears to be logical and amicable.

Protecting your personal business from divorce

On behalf of Steven J. Gaba posted in Property Division on Friday, March 23, 2018.

As you prepare for your marriage in Rockville, the last thing you want to consider is what might happen were you to divorce. Many of those that come seeking the help of the team here at Steven J. Gaba were convinced their marriages would last forever, yet later found themselves in positions where they felt divorce was best for all involved. If you were ever to arrive at such a situation, consider the assets you have spent a lifetime developing (particularly your personal business). Ask yourself if you would want to continue having your spouse as your business partner even after your personal relationship has failed.

In most cases, the answer to that question would be no. Yet according to Section 8-201 of Maryland's Family Law statutes, any assets acquired by you and/or your spouse during your marriage are deemed to be marital property. Even if you established your company prior to your marriage, those business assets earned during your union are considered to be shared.

How can I tell if my spouse is hiding assets?

On behalf of Steven J. Gaba posted in High Asset Divorce on Friday, March 9, 2018.

If you think your marriage is soon to be part of the 50-percent divorce rate in Maryland, the thought may have crossed your mind to start stashing money in a secret account. You should know that it is, in fact, illegal to hide assets from a divorcing spouse. That does not mean the same thought has not crossed the mind of your partner, however.

According to HuffPost, 30 percent of those who share finances with another person have hidden purchases or assets from them. Some 7.2 million Americans admit to hiding a bank account or credit card from a partner. Here are some of the ways people can hide assets; many are small things, but taken together, they can add up to a good-size nest egg for someone starting over.

The importance of a reliable adult guardian

On behalf of Steven J. Gaba posted in Adult Guardianship on Friday, February 23, 2018.

Many Maryland residents know the gravity of a situation involving adult guardianship and mental illness. This type of arrangement can prove beneficial for an adult who cannot completely care for themselves; however, finding the right person for this challenging role can be difficult. Because one situation can be different from the next, a relationship that can mesh while providing utmost care for the individual in need is a crucial part of the process.

An article from Kaiser Health News highlighted the story of two Harlem sisters in a unique situation. One sister has suffered from schizophrenia for decades, and the other has stepped up to the plate as her legal guardian. Although Ruby Wilson, 54, lives in an assisted living facility in North Carolina, Jean, her sister in Maryland, is nevertheless her primary guardian and caretaker. The job has certainly had its ups and downs, but the Wilson sisters are not alone: according to Kaiser, roughly 8.4 million Americans are caretakers to adult family and friends with mental illness. Most commonly, caretakers look over their parents, spouses or siblings.

Child custody and the stigma of mental illness

On behalf of Steven J. Gaba posted in Child Custody on Tuesday, February 6, 2018.

A child custody battle can be stressful enough on its own, but when mental issues enter the picture, that stress can seem all the more magnified. Maryland parents who struggle with mental illness likely have preexisting complications to sort out long before divorce papers arrive. Although some argue that adding children to this mix is a wrong step, maintaining fair child custody despite the struggles can make all the difference in the lives of those involved.

Regardless of the specific type of issue, winning a child custody battle has proved difficult for parents who struggle mentally. An article in Bipolar Lives expresses discontent with the stimga attached to mental illness altogether, claiming that parents who suffer from such illnesses often do not receive fair treatment in the courtroom. In fact, the article highlights a study from Mental Health America to show that only a third of children with a parent having serious mental health issues resides with that parent. It is not uncommon for courts to see serious problems with mental illness; this can apply even when appointed psychologists have already assessed parents to be perfectly capable of raising a child. Even worse, Bipolar Lives states that, 70 to 80 percent of the time, a parent who uses mental health problems as the argument for a custody battle wins.

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