Although the idea that non-custodial parents should be required to help pay for college was briefly entertained by the Maryland General Assembly in 2011 and 2012, it never gained substantial support from legislators. As it stands now, divorced parents who must pay child support are only obligated until the child graduates from high school or turns 19, whichever comes first. If the child drops out of high school before graduation, child support is terminated. It makes sense. While parents often try to assist their children in financing their college years, Maryland law doesn’t support the idea that parents – married or not — must take on responsibility for their children beyond age 18.

While this can be a difficult position for students hoping to attend college, the idea isn’t completely far-fetched. Some non-custodial parents are required to help pay for their children’s college education in the event of a divorce. In such cases, a couple has incorporated it into a separation agreement or post-nuptial agreement which has been enforced by a Maryland court. Sometimes couples may ask their Bethesda lawyer to draw up such an agreement as a way to protect their children from losing out on a college dream. The alternative to requirement by a court order, of course, is that parents who are willing and able voluntarily help their children to pay for a college education without being forced.

For Maryland students looking for college funding assistance, consider the fact that in-state tuition is always less expensive than out-of-state tuition, and most public schools cost less than private institutions. There are also special federal programs available for those in lower income brackets, and student loans from a variety of sources can help to pay for college.

Some things that can qualify a Silver Spring couple for an annulment include:

• Being intoxicated, under duress or insane at the time of the nuptials
• At least one spouse is already married to someone else
• The couple married under fraudulent circumstances.

There are two basic grounds for divorce that couples can file under in Maryland, fault and no fault. Knowing which one fits and makes the most sense often requires the advice of a Silver Spring attorney.

For a no-fault divorce, the couple must live separate and apart with no cohabitation during that time.

Grounds for a fault divorce in Maryland include:

• Desertion
• Adultery
• Cruelty
• Criminal Conviction
• Insanity

The circumstances of a divorce can affect the ability of one spouse to collect alimony support from the other, so the grounds under which a Maryland divorce is granted may make a difference. In some cases, whether both parties agree to divorce can also affect the outcome of the case.

If you’re considering an annulment or a divorce, it is always a good idea to obtain legal advice, rather than going it alone. The Montgomery County divorce and annulment attorneys at Hecht & Associates can help you to determine the best course of action through a consultation appointment.

Personal social media accounts like Facebook, Google+, Twitter and Pinterest are becoming the target of legal requests for production more and more frequently. Email accounts are too. As a result, those who are involved in a divorce or separation from a spouse may find themselves presented with a request for social media information from a Maryland divorce lawyer. Do you have to comply? Probably. Depending on the nature of the legal case and the status of the social media account, it may lead to the discovery of relevant information in your divorce or separation. In most cases, anything posted on the Internet in public domain is fair game. You’ll need to consult with your Maryland family attorney regarding your personal case and circumstances and how to respond.

While some Silver Spring attorneys may argue that the information on these websites is unrelated to the divorce, custody or child support legal issues at hand, this personal information is often the subject of a subpoena or discovery request for production, depending on the nature of the case. This can also apply to personal blog posts, forum posts and items published online through website ownership. Even if you are doing nothing wrong and you’re not involved in any legal cases, it’s always a good idea to think before you post.

This isn’t always a conscious decision. Animosity, anger and hurt can play very prominent roles in a divorce case. One way to keep these feelings from overshadowing a case and preventing it from moving forward is for both parties to read any proposed agreement with the intent of being objective. It is, after all, a contract.

One key factor that anyone involved in contract negotiations should remember is to always read all of the paperwork, no matter what. Legal agreements are long and can be confusing. Regardless of the parties’ feelings toward each other, their Maryland divorce attorneys may be working toward a fair agreement for both parties. Taking the time to read all agreements is one step closer to resolving the case. While legal terminology can be confusing to people without legal backgrounds, this is one reason that a Silver Spring lawyer is helpful in such cases. Asking questions and obtaining legal advice about what everything really means is one way to bring the case to a quicker conclusion.

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a set of guidelines that is followed by courts in every state and the District of Columbia, except for Massachusetts. These guidelines make the navigation of interstate custody waters more uniform, since every state has its own set of custody laws and guidelines to follow. It is important to have a Maryland custody lawyer with the UCCJEA in custody cases involving one parent living in Maryland and the other living elsewhere. This enables parents to understand and follow the guidelines, especially when it comes to determining court jurisdiction and child custody order enforcement. It is also used in cases of parental kidnapping.

Court jurisdiction plays a very important role in custody and visitation for parents who live in different states. UCCJEA helps to determine which court has the right to hear the case and make rulings which must be obeyed. As a result, there are no longer dueling custody hearings in two different states. One of the parents has to travel to hearings and trials outside of their state of residence, as well as find a lawyer who can represent them in the appropriate court of law. It also means that parents who abduct their own children will no longer be able to run to another state for a custody ruling that they like better than the existing one.

The UCCJEA is used in relation to cases of divorce, separation, child and spouse abuse, guardianship, paternity, termination of parental rights and other types of family law cases.

The Rockville lawyers, Hecht and Associates, are familiar with the UCCJEA guidelines and how they can affect your case. Contact our office to set up a consultation appointment if you are involved in an interstate child visitation or custody dispute.

For couples who have children but no separation agreement, the division of holidays can be especially stressful. Couples who can agree on their own how to divvy up the time with the kids on these special days will be one step ahead when it comes time to draw up a separation agreement, get a divorce or determine child custody and visitation.

• While it may be out of the question for separated adults to celebrate Thanksgiving together, the alternative is to spend it apart. There are some basic ground rules to keep in mind that may help the first holiday after separation to be less difficult on everyone. In the event of a permanent separation and eventual divorce, this could well set a precedent for the future, so choose carefully.

• Agree on a time and place for the children to be picked up and dropped off. It should be relatively convenient for both parties. Make an effort not to be late in picking up or dropping off.

• When there is considerable distance involved, it may be easier to alternate holidays with the children between the two homes, such as Thanksgiving and Christmas.

• Identify a fair time for the transfer so that the children don’t feel caught in the middle or as if they’re being punished. This may vary depending on the child’s age.

• Pay attention to when the children are out of school and try to factor this into the time table.

• Kids may feel funny if there is a split in the day and they are eating two Thanksgiving meals. They may not know when to stop eating, so parents should try to space them out accordingly.

• When possible, try to honor family traditions, such as watching football games together or baking pies or cookies together.

If you live in Maryland and have not yet signed a separation agreement, but you and your spouse are living separate and apart and you are unable to come to an amicable agreement on how to handle holiday time, this may be the time to seek legal advice from a Bethesda lawyer. While the holidays can be difficult for everyone involved, they don’t have to be awful. Keeping a positive attitude and honoring any agreements will make the road a smoother one.

The State of Maryland has several programs designed to help non-custodial parents and young parents in particular. One of them is called the Young Fathers Employment Program. It is designed to help young unwed and expectant parents gain employment and education so that they can financially support their children and families without welfare assistance. In some cases, behavioral issues are addressed to help non-custodial parents become self-sufficient.

The Young Fathers Employment Program is open to non-custodial parents residing in Anne Arundel County, Baltimore City, Baltimore County, Montgomery County and Talbot County. Help is available for fathers who will soon be ordered to pay child support, have children in the Maryland Welfare System, are incarcerated and will be released within the next 90 days, are classified as ex-offenders, or whose children now receive Temporary Assistance for Needy Families (TANF).

For more information about the program, contact the Maryland Department of Human Resources or call the corresponding city or county of residence where the program is available: Anne Arundel County, 410-269-4484; Baltimore City, 443-423-7264; Baltimore County, 410-853-3591; Montgomery County, 240-777-4006; or Talbot County, 410-770-4719.

When a judge has ordered child support, custody or alimony, both parties must comply with the requirements listed in the order. To bring disobedience to the court’s attention, the opposing party will have to file a petition for contempt with the Family Division and Civil Departments of the Maryland court. Filing the petition doesn’t always mean the other party will have to comply; it simply means that the judge will consider it. Non-compliance must be proven by the petitioner before the individual can be found in contempt.  A Maryland family lawyer is helpful in handling these situations.

Sometimes there are special circumstances why a person doesn’t comply with a court order. If someone suspects that a petition of contempt is going to be brought against them, whether they believe they are justified or not, it is important for that person to be represented by a Maryland family attorney before the problem escalates. If the petition is brought against them and they wish to fight it, a Maryland lawyer who handles family law and child support contempt cases is needed. While it is helpful to use the divorce lawyer that handled the case originally and is familiar with its background, it is not required.

For more information about Maryland child support laws and how they affect you, contact Bethesda lawyers Hecht & Associates at 301-587-2099 to set up a consultation appointment.

The short answer is no. Unless the child’s presence is an important part of the case, they should not be taken into the courtroom or even to the courthouse. If you’re not sure, you can ask your Maryland Family lawyer about your particular case well before your court date.

Keep in mind that it is a rare occurrence to bring children into court to testify in their parents’ custody battles. Most judges don’t like the idea and prefer that attorneys and parents make other arrangements to gather important information which reflects the best interests of the children.

In cases where small children must be brought to court, it is customary to leave them in the capable hands of a trusted and reliable adult that you know well, such as a family member. They can wait together outside the courtroom, although most children will find this boring and may have difficulty sitting still for long periods of time.

For any addition questions surrounding Maryland child custody laws, contact Silver Spring lawyer Spencer Hecht and his team at Hecht & Associates by calling 301-587-2099.

A postnuptial agreement is a consenting agreement between husband and wife that may be drawn up by a Maryland family attorney. A postnuptial agreement is treated as a contract according to the law. It allows the couple a chance to predetermine rights of support, custody and property, as well as how to divide items such as businesses, retirement plans, stocks and debts should the marriage end in divorce or the death of one spouse.

There are many different reasons why a couple might want their Maryland family lawyer to draw up a postnuptial agreement. For example, they may be considering the possibility of separation. This safeguards the rights and property of both parties in the event of a divorce. This may be a preferred way to handle sensitive issues, such as future spousal or child support. Another reason is that finances, health or lifestyles may cause the couple to spend a lot of time apart due to their careers or perhaps their financial or family responsibilities. Making a clear definition of the respective and collective rights of property and finances is one way to provide guidelines which may be enforced in the event of a separation, divorce, death, child custody or child support issue down the road.

Like a prenuptial agreement, the mere existence of a postnuptial agreement does not mean that the married couple will someday be separated or divorced or they don’t trust each other, but rather that they are taking the time now to sort out possible future arrangements should they be needed. This makes any changes in the couple’s marital status easier to process, since the groundwork has already been laid.

While some married couples may decide to draw up their own postnuptial agreements, it is always a good idea to seek the counsel of a Montgomery County lawyer so that both parties can be sure it is done correctly and that it will be legally binding. It is also important that both parties have a firm understanding of what they are agreeing to and under what circumstances.