Advice from a divorce attorney: You should take action after a divorce to remove bequests to an ex-spouse in your will and other documents. If you fail to do so, however, there are laws that provide that the judgment of divorce eliminates prior bequests or certain beneficiary designations to a former spouse. See Va. Code […]
Advance directives allow you to express your wishes regarding health care decisions in the event that you are incapacitated and cannot communicate your preferences yourself. Components of Advance Directives Usually advance directives address two distinct issues: 1) directions regarding end-of-life medical care – a living will and, 2) designation of a health care agent to […]
Who handles child support enforcement in Virginia? For services in the determination, collection and administration of child support, you can contact the Division of Child Support Enforcement (DCSE) in the Virginia Department of Social services. The DCSE has broad authority to determine and to modify child support but cannot modify a court determination of support.
The Maryland Office of Child Support Enforcement (OCSE), telephone 800-332-6347, provides various services to child support claimants. It’s free after a nominal registration fee and can be effective in straightforward cases, especially if the child support payor is earning wages or salary from a Maryland based employer. If your case is more complicated and time-consuming, […]
Child support can always be modified. This right cannot be altered. The parties to a marital settlement agreement can preclude later changes by the court for most provisions. For example, they can agree on non-modifiable alimony, and then no court can modify it at any time for any reason in the future. However, the same […]
You can modify child support after divorce in Maryland if there has been a material change in circumstance since entry of the Order setting child support. The applicable MD statute is Section 12-104 of the Family Law Article which provides Modification of child support (a) The court may modify a child support award subsequent to […]
We warned in Changing Child Custody that it was hard to know in a close case whether a material change in circumstances would warrant a change in child custody until the judge decides. This post reviews changes not material enough to modify custody. In Changes in Circumstances Mean Changes in Custody we provided a list […]
Sometimes you don’t know whether a change in circumstances is material until after trial when the judge rules. Perhaps this will help. Here is a partial list, compiled from our cases over the years, of changed circumstances that courts have found, or both parents conceded, were material: One parent wants to relocate with the child. […]
Changing child custody is a special case in the law. Most lawsuits end when the parties settle or the court decides the case. If you are disappointed you can’t return to court and sue the same person over the same matter. Courts and lawyers would say your second attempt is barred by the doctrine of […]
by Michael F. Callahan The Maryland Court of Appeals has issued its ruling in Milton E. Jackson v Gayle S. Jackson., the case we have been discussing in this last series of articles. Mr. Jackson was a federal employee with retirement funds under the CSRS system – a large pension, and no social security. Ms. […]
Thyden Gross and Callahan divorce attorneys are here to help you. Our philosophy is that a constructive approach to cases, and a respectful approach to clients, lawyers, opposing spouses in divorce cases, best serves our clients.
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