Author: JGL Law

Accidents can leave a path of disaster in the form of property damage, bodily injury, emotional injury, financial losses, and death. For people injured, and the families of those injured, dealing with this trauma is a process on its own.

The moment before the impact, during the impact, and the moments after can be shocking, terrifying, and painful. Victims may be scared, confused, and angry, and recovery takes time. There are no shortcuts to treatment. Some injuries may take months or years to recover from depending on the severity of the injury, pre-existing health conditions and how compliant you are with treatment.

Accidents and Settlements Cannot Be Compared

• Each accident claim is unique and requires a unique approach.
• No two injuries are absolutely identical.
• It is impossible to compare the same injury on one person to the same injury on another person.
• Pain is a subjective measure and will manifest differently in everyone.
• People heal at different rates and times; treatment cannot be predicted.
• Accident settlements are unique and predicated on a number of factors including the type of accident, modalities of the accident, speed and force, age and health of different people, and severity of the injury, to name a few.

Seek Medical Care Immediately After an Accident

Not all injuries are visible immediately. Make use of the services of emergency medical personnel at the scene. Follow their advice for evaluation and transport. Many times, pain and symptoms of concussion, whiplash, and spinal injuries may take hours, days, or even weeks to appear. The longer you wait to receive medical care, the higher risk you have of injuries worsening and requiring more extensive treatment and recovery. Some untreated conditions, such as concussions or internal bleeding, can be life-threatening or cause permanent brain damage. Even if you do not seem to be in pain, it is a good idea to see a doctor for a checkup. Prompt medical care is the cornerstone of prevention, ensuring injuries are managed correctly from the outset, and the path to recovery is as smooth as possible.

If recommended by EMS, allow for transport to the nearest emergency room where triage will assess the urgency of your situation and prioritize your case based on the severity of your injuries. Diagnostic testing can be performed that will provide the doctors with a clear picture of your internal state. Doctors can then formulate a treatment plan to address your individual health concerns. Many times, the emergency room doctor will provide a referral to another type of doctor or ask that you follow up with your primary care physician.

Find the Right Injury Doctor

Your primary care physician (PCP) knows your medical history and may be able to provide you with a referral to a specialist who is able to treat common accident injuries such as whiplash, concussion, soft tissues injuries, burns and fractures. You will also want to consult your health insurance plan for a list of providers who may be covered by your insurance or “in network.” Treatment with a specialist may be the next step to recovery.

Follow Your Prescribed Treatment Plan

This is possibly the best advice of all. Treatment and healing may be a long and slow process. The most effective way to ensure a good recovery, in the shortest timespan as possible, is to follow the prescribed treatment plan as laid out by your medical doctors, specialists and treatment providers.

It seems easy; however, this may prove much more difficult than it sounds as treatment generally involves:

• Taking time off work and limiting your normal daily activities to allow your body time to heal
• Taking all medications as prescribed
• Participating in physical therapy
• Performing therapist-recommended exercises at home
• Setting and attending follow-up appointments with your physician

Yes, it takes time. Give the recommended treatment program a chance to work. Results do not happen overnight, or even in the first weeks.

If after participating in treatment, you feel that parts of your treatment plan are not benefiting you, feel free to speak with your doctors or medical practitioners to discuss alternatives.

Do not just stop a treatment or treatment plan. Discuss alternative treatment options and recommendations with your medical provider.

Set Yourself Up for Successful Healing

Get adequate rest. Sleep and rest are crucial components of the recovery process. Sleeping increases blood flow to your muscles, which leads to tissue and muscle repair and growth. Sleep may also reduce levels of stress, which will aid in reducing internal inflammation. Take time to rest so your body can heal. Do not push too far, too soon.

Manage your pain. Injuries may cause pain for days, weeks or even months after an accident. Pain affects people in a multitude of ways including anger, hopelessness, frustration, and lack of energy and motivation. Pain may inhibit your ability to participate in physical therapy and you may need to take other steps to help your recovery. Speak with your doctor to find ways to manage your pain — suffering through it in silence will only hinder your progress. Doctors may recommend taking over-the-counter pain medications, using hot or cold compresses, massage, stronger prescription strength pain killers, or other pain treatment options.

Exercise and eat a healthy diet. Exercise will help you to regain full range of motion, flexibility, balance and endurance. Regular movement will keep your muscles from becoming stiff and weak and help to reduce pain and inflammation following an injury. Follow your doctor’s recommendation for safe exercises. Eat a nutritious diet of whole, fresh foods with plenty of vitamins and protein to help repair damage. Try to eat regular meals even on days when you are feeling pain as food provides good fuel and allows you to feel stronger and more energetic.

Surround yourself with a good support system. Family and friends can lift your mood and make sure you are motivated to follow your treatment plan. Your friends and family may also assist with transportation and activities of daily living.

Depending upon the circumstances of your accident, you may want to consult with a professional counselor or advisor. It is normal for a traumatic incident to cause anxiety, depression, or PTSD throughout the healing process. You may want to seek out counseling services, support groups and community mental health resources to provide a safe space to share experiences, learn coping strategies and find solace with others who understand.

Be patient. Recovery from your injuries may be a long and slow process, which can prove frustrating at times. You may feel setbacks or feel as if no progress is being made. Follow your doctor’s treatment plan; everyone heals at a different pace, depending upon your age, health, and severity of the injury. One size does not fit all, so do not compare yourself to anyone else. Following the prescribed process gives you the best chance to get back to the activities of life which you enjoy.

Documentation and Record Keeping of Your Treatment

Your treatment path is a story of your recovery. This story can be told through medical records, and oral or written testimony. The paper trail begins in the emergency room or wherever you receive your first medical treatment following the accident. It is critical to keep records of all the doctors you have received care from and the dates of service.

Accurate and comprehensive documentation of a patient’s treatment is the best way to manage post-accident health care. The records you and your doctor keep are a chronological account of treatment, progress, milestones, and challenges along the way to recovery. These records can also be communication between your various health care providers to ensure continuity of care, along with providing a tangible history of your treatment, which is invaluable in any legal matters related to your accident.

Be aware, your doctor’s medical records are a standard format with a minimum detail of your injury and treatment. For your benefit, keep a notebook, log or electronic file containing important dates and milestones that occur during your treatment, including those items not normally found in medical records, such as the following:

• Property damage pictures and videos from the scene, which can serve to emphasize the severity of your injuries.
• A record of dates when you felt any new symptoms or injuries, additional to those first reported.
• If you did not immediately seek medical care within three days, document the injuries that were seen or felt at the time of the accident.
• Record any additional injuries that you felt or began to feel in the week(s) after the accident.
• Write down and document some of the reasons why you did not seek immediate medical treatment. For example, if you tried rest, ice and over-the counter medications, or if you had family emergencies, include these in your notes. Be sure to account for any lapse of more than two weeks between treatments.
• Calendar the dates when you noticed you began to feel better, or dates when symptoms or pain stopped for a specific injury or symptom
• Record all dates missed from work and the date returned to work.

Understanding the Costs of Delaying Treatment

There may be many reasons why individuals do not seek medical care immediately after an accident. Some of these reasons may be financial resources, lack of time, work or other family dynamics. However, delaying a medical review can be a gamble with high stakes.

Some injuries cannot be seen immediately following accidents, including internal injuries, fractures, brain injuries or organ damage. Not seeking prompt medical care may seem like a cost-saving measure, but it can lead to extremely high costs in the future. Conditions left untreated can worsen in complexity leading to more extensive and expensive medical treatment and may lead to chronic and permanent conditions.

If your injuries appear to be very mild, you may feel comfortable going home, resting and taking over-the counter medication. But if you do make this decision, please be aware you have recently been in an accident. If new symptoms arise or existing symptoms worsen, be sure to see your doctor or seek emergency assistance as soon as possible.

In terms of managing your medical care, a long delay between the date of the accident and initial medical treatment can prove detrimental to your health and to your insurance claim. Reporting injuries more than two weeks after an accident may cause doctors and insurance adjusters to doubt the relationship between your injury and your accident. The more remote in time the accident is, the more chance there may be of an intervening event having caused your injury and not the original accident.

Remember the Legal and Insurance Implications

Accidents may leave you feeling disoriented, confused, or in shock; however, if you are aware of the situation and you are able, the moments following an accident can be crucial for health reasons but also for legal and insurance considerations. The photographs, witness statements, reports and medical records created by your providers become the bedrock for any future claims or settlements. These records are also invaluable for personal injury law as they can significantly influence the outcome of legal proceedings or insurance negotiations and could be critical to ensure justice and compensation for your injuries.

Seek out the services of a well-respected and highly qualified personal injury attorney in your area who can help you navigate through your treatment path and guide you along to ensure you have the information necessary for any legal or insurance claim.

Get the facts. Get educated.

Paul Riekhof has been named to The Daily Record’s 2025 Estate & Trusts Law Power List. The Power List showcases Maryland’s power players who are leading key organizations, creating change, impacting the community, and engaging others to succeed.

Selected by The Daily Record’s editorial team, with input from knowledgeable members of the community, the attorneys on the list are among the most influential and respected practitioners in the estate and trust law sector in Maryland. 

Managing director of JGL, Paul has more than 25 years of experience in representing individuals, families and businesses in matters including estate planning, probate, trust administration, estate tax planning, business planning, guardianships, and estate litigation matters. Clients rely on Paul for counsel addressing complex structures, tax liabilities, asset protection, and potential litigation issues. He specializes in strategic wealth preservation planning and trust administration.

Learn more about Paul on The Daily Record’s website.

Since 2022, many legislative changes have impacted Maryland family law with much of the focus being on no-fault grounds for divorce, residency requirements, and changes to the child support guidelines. However, the legislature, for the first time, defined “voluntary impoverishment,” and that was a big deal. As we approach the third anniversary of a somewhat unheralded change, how has this impacted family law in Maryland?

First – What is “voluntary impoverishment?”

Voluntary impoverishment is the concept whereby a payor of support deliberately reduces their income to avoid or minimize their support obligation. This can manifest in a number of different ways, including quitting a job, reducing work hours or underreporting income – it can even include retirement in some cases. Until 2022, the Maryland Courts always viewed such tactics critically as voluntary impoverishment. In 1992, the Court in John O. v. Jane O., 90 Md. App. 406 (1992) defined voluntary impoverishment as the act “…to reduce oneself to poverty or deprive oneself of resources with the intention of avoiding child support or spousal obligations.” Id at 421. Just a year later, the Court seized on an opportunity to clarify its John O. v. Jane O. opinion and clarified that while a support obligor’s intent behind voluntary impoverishment may be relevant context, ultimately, the contextual reason for the impoverishment “…doesn’t affect that parent’s obligation to the child.” Goldberger v. Goldberger, 96 Md. App. 313 (1993).

With a clearer understanding of voluntary impoverishment, Maryland Courts evaluated voluntary impoverishment by assessing whether a parent’s unemployment or underemployment was ‘voluntary’ and ‘without justification’ whilst considering a number of factors, including job history, job qualifications, efforts to seek employment, the market, health circumstance, or other employment-limiting factors. Due to the somewhat broad standards and inherent discretion, decisions proved inconsistent over the years.

Post-2022

The Legislature added two relevant definitions to Section 12-201 of the Family Law Article, first, “voluntary impoverishment,” which now means “that a parent has made the free and conscious choice, not compelled by factors beyond the parent’s control, to render the parent without adequate resources.” Second, the legislature defined “potential income” to mean “income attributed to a parent determined by:

• the parent’s employment potential and probable earnings level based on, but not limited to:
  • the parent’s:
    • age;
    • physical and behavioral condition;
    • educational attainment;
    • special training or skills;
    • literacy;
    • residence;
    • occupational qualifications and job skills;
    • employment and earnings history;
    • record of efforts to obtain and retain employment; and
    • criminal record and other employment barriers and
• employment opportunities in the community where the parent lives, including:
  • the status of the job market;
  • prevailing earnings levels; and
  • the availability of employers willing to hire the parent;
• the parent’s assets;
• the parent’s actual income from all sources; and
• any other factor bearing on the parent’s ability to obtain funds for child support.

The legislature also revised Section 12-204 of the Family Law Article which now states that “[i]f there is a dispute as to whether a parent is voluntarily impoverished, the court shall: (i) make a finding as to whether, based on the totality of the circumstances, the parent is voluntarily impoverished; and (ii) if the court finds that a parent is voluntarily impoverished, consider the factors specified in Section 12-201(m) of this subtitle in determining the amount of potential income that should be imputed to the parent.”

So What Do These Changes Mean?

The intent was to ensure that the variability and discretion that was apparent in pre-2022 cases was sidelined in favor of consistency. From a practical perspective, many of the pre-2022 recommendations remain if you are a payor of support facing an allegation of “voluntary impoverishment.” But now, all litigants will benefit from the same parameters relative to the question of voluntary impoverishment.

Recommendations

Clearly defining how a court will consider if a support payor has voluntarily impoverished themselves unquestionably offers the accused an understanding of how to counter-act the averment on a factor-by-factor basis. When preparing, you should do the following:

• Gather your documents. Whether you lost your job or were demoted and now you are being accused of voluntarily impoverishing, always maintain clear records. This includes job searches, applications, interviews, etc. If you have had a medical condition that inhibited your working opportunities, gather and maintain as much documentation on your condition as you can.
• Consult with a professional. Anytime an allegation such as “voluntary impoverishment” is raised, your case is that much more complicated. Retaining an experienced family law attorney can help you prepare an appropriate strategy to counter-act the allegations.
• Hire an expert. You and your family law attorney can determine an appropriate vocational expert who can help you respond to the allegations of voluntary impoverishment.

Conclusion

The changes brought to Maryland family law by the legislature of 2022 are significant and defining voluntary impoverishment has often flown under the radar. But such a clarification is a benefit to litigants in Maryland as variability is limited. If you are facing allegations of voluntary impoverishment or if you believe you are involved with someone who you believe is voluntarily impoverishing themselves, call me to discuss your circumstances.

In an article published in Financial Advisor on March 27, 2025, Paul Riekhof explains that when it comes to the full impact of death and taxes there are state taxes to consider, in addition to federal taxes – and there are sharp distinctions among various state laws.

Riekhof explains that 13 jurisdictions impose a state estate tax while five jurisdictions impose inheritance taxes based upon the relationship between the decedent and the beneficiaries. He adds that Maryland is the only state currently imposing both an estate tax and an inheritance tax.

Riekhof writes that the state-to-state exemption levels vary widely. In Oregon, the exemption level is $1 million, while in Connecticut it is $13.99 million, the same as it is under federal law. The differences between state and federal law create confusion regarding the impact of these taxes, which can lead to an otherwise avoidable tax payment.

For the five states that impose inheritance taxes, the exemption levels are typically very low ($100,000 or less) to nonexistent, Riekhof explains. The imposition of the tax and the applicable rates depends largely upon the degree of relationship of the beneficiary to the decedent.

Riekhof states that residents of any of the 17 states imposing state-based death taxes, as well as nonresidents with real or tangible property in those states, need to understand the taxes and take them into account during their estate planning process. “Through creative planning, there are often ways to minimize or even eliminate the tax burdens while still accomplishing the goals of the grantor.”

Read the full article “The Unfortunate Burden: Dealing With State Estate Taxes.” (PDF)

In this episode of JGL LAW FOR YOU, JGL family law attorneys Christopher Castellano and David Bulitt explore cryptocurrency in the context of divorce, covering its definition, how to accurately value it during proceedings, and the process of dividing it as a marital asset.

In an interview with KNX News Radio Los Angeles anchor Brian Douglas, Michal Shinnar discusses a pivotal court ruling that may force the federal government to reinstate tens of thousands of probationary federal employees who were fired by the Trump administration.

The landmark decision by a federal judge in Northern California ordered several key departments—including Veterans Affairs, Energy, Defense, Interior and Agriculture—to immediately rehire fired probationary employees. The ruling stems from a lawsuit filed by employee unions, which challenged the legality of the mass firings during the Trump administration’s push to reduce the size of the federal workforce.

During the interview, Shinnar discusses the general rules and regulations governing “reduction in force” firings of probationary federal workers, whether the Trump administration been following those rules, what the ruling means for federal workers, and the implications the decision has on cases pending in other jurisdictions.

“This is a pretty untested area of law because it really hasn’t happened before,” said Shinnar. She notes that the outcome of the California case could set a precedent for how such cases are handled in the future.

For more information on the ruling and what it means for the future of probationary federal workers, listen to the full interview:

The Washington Post recently highlighted how, for the third year in a row, our Washington area streets have had over 100 pedestrian deaths per year.

While numbers on the national level seem to be declining slightly, in the Washington D.C. area, they continue to grow, as the range of pedestrians killed per 100,000 residents:

• From 2015-2018: 1 in 100,000 residents
• In 2022, 2023, 2024: 2 in 100,000 residents

The Post Highlights Key Factors:

• Jonathan Adkins, Governors Highway Safety Association, is encouraged by added pedestrian infrastructure across the region.
• Sharon Kershbaum, director of the DC Department of Transportation, stated the vast majority of deaths last year — nearly 80 percent — “were tied to reckless and antisocial behavior” that is difficult to combat through engineering alone.
• While reviewing the data across Maryland, Virginia and DC, Post analysis found both structural and personal factors contributing to the spike in deaths, including poorly lit roads and more crashes involving alcohol. In fact, 73 pedestrians in Montgomery County, Prince George’s County and Northern Virginia were killed from 2022 to 2024 where dark roads were a contributing factor.
• In addition, as traffic enforcement has decreased since the pandemic, deaths have gone up. While DC invested heavily in automated traffic enforcement after the pandemic leading to 2 million speed-related infractions in 2024, many fewer tickets were issued by officers. The Post found in 2019, DC police officers issued more than 10,000 speed related citations, but between 2023 and 2024 the department issued just over 4,650.
• Law enforcement has also addressed concerns with hit-and-runs as Prince George’s County police investigated 13 fatal hit-and-runs involving pedestrians in 2024, up from 7 in 2023. Of the 15 fatal hit-and-run crashes in 2024 in D.C., not a single driver has been charged for any of these events.
• Maryland and Virginia lawmakers have proposed legislation to expand their speed cameras beyond work and school zones. Maryland and DC are looking at ways to sue out-of-state drivers for failure to pay automatic tickets issued by traffic cameras.

Small Changes in Speed Can Have Big Impacts

As people travel fast, the risk of death or serious injury rises dramatically. The diagram below shows that a pedestrian or bicyclist struck by a motorist driving 40 mph is EIGHT times more likely to die than a pedestrian or bicyclist struck at 20 mph.

While Laws Across the DMV Are Similar, They Are Not Identical

While Maryland, Virginia, and DC law generally prohibits people from recovering compensation after an accident if they contribute to their own injuries, DC has an exception when it comes to pedestrians and cyclists. In some cases, pedestrians and cyclists can still seek compensation even if they are partially to blame for a crash.

DC is a tourist destination. With visitors from across the globe, the city must strive to protect citizens and visitors alike. DC’s pedestrian laws govern a broad range of behavior. (PDF)

• All intersections are considered crosswalks, regardless of how they are marked. Pedestrians have the right of way in both marked and unmarked crosswalks and should always use crosswalks if available.
• Pedestrians must follow traffic signs if available and must walk on the sidewalk, facing oncoming traffic.
• DC Right of Way rules that at a pedestrian crossing with no signals, drivers must stop to yield to pedestrians and drivers must let them safely reach the other side before making their way across the crosswalk. On sidewalks, pedestrians have the complete right of way. Pedestrians also have the right of way over vehicles turning on a green light.
• However, pedestrians cannot cross an intersection diagonally unless it is authorized by traffic control signs. It is also against the law for pedestrians to suddenly enter the street if it causes a traffic hazard and pedestrians can get tickets for jaywalking. Be careful drivers, even if a pedestrian receives a jaywalking ticket, you may still be held liable in a civil case in court depending on the circumstances.

Under Virginia law, a pedestrian is considered anyone not operating a car, truck, motorcycle or any other motor vehicle, including bicyclists, skateboarders, and roller skates. Virginia law requires drivers to yield to pedestrians at all crosswalks when they are present, and pedestrians may not obstruct traffic or engage in behavior which would put them at risk of being hit by a motor vehicle. § 46.2-924

• At crosswalks, pedestrians are not allowed to walk outside of crosswalks and only have the right of way in marked crosswalks. Pedestrians must use the “walk” and “don’t walk” signs. Pedestrians in crosswalks have the right of way over all vehicles including those turning right on red.
• Virginia does follow contributory negligence laws which does mean that when assigning blame, even if a pedestrian is 1% at fault for the accident, they are not allowed to seek compensation for their injuries.
• Pedestrians should stay out of the way of oncoming traffic, be alert and cautious at intersection. Pedestrians may not enter or cross an intersection in disregard for approaching traffic.

In 2021, Maryland enacted the Maryland Vulnerable Road User law which has strong penalties aimed at protecting pedestrians with fines up to $2000 per violation, plus points for convicted violators. Maryland laws are similar to Virginia.

• At crosswalks, if a pedestrian is on the half of the roadway where the driver’s vehicle is traveling or is approaching the half of the roadway where the driver’s vehicle is traveling, drivers must come to a complete stop and other vehicles are not allowed to pass vehicles currently stopped to allow for pedestrians to pass.
• Pedestrians have the right of way to a turning vehicle in a crosswalk, but pedestrians must comply with the same red and green lights drivers do. Pedestrians must always use crosswalks and sidewalks when available and never cross an intersection diagonally.

Let’s All Get There Safely

Pedestrian safety affects young and old, drivers and walkers, during the day and at night. Everyone can be a pedestrian in some capacity at one point or another. Intoxication, ignorance, or inattentiveness by either or both motorists or pedestrians may can cause injuries and fatalities.

Slow down, pay attention, and always be alert for pedestrians and bicyclists.

Pedestrians and Drivers Share the Same Roads

If you were the victim of a pedestrian accident, there are some important things to do right away:

• Call the Police
• Seek Medical Assistance
• Take pictures of the scene, ask about witnesses (names and numbers)
• Document your injuries
• Do not discuss fault at the scene or with the other driver’s insurance company

Speak to an Experienced Pedestrian Law Attorney

You can protect your legal rights, experienced personal injury attorneys know how to get you fair compensation if you are injured in a pedestrian accident in Maryland, Virginia or the District of Columbia.

Get the facts. Get educated.

Gia Grimm and Bridget Cardinale will attend the Plaintiffs’ Law Association’s inaugural Plaintiffs’ Law Fair at Georgetown Law on March 18, 2025.

The informational fair will feature representatives from 15 plaintiffs’ firms and other mission-driven organizations who work across a variety of practice areas and represent plaintiffs in civil rights, employment, consumer protection, antitrust, whistleblower and securities matters. The informal event will provide students with the opportunity to learn more about public interest work in the private sector.

In an article published in the March issue of Washington Parent, Lindsay Parvis explores common mental health provider services utilized during separation, the legal aspects of a family breakup and an introduction to mental health privilege.

Parvis states that when parents break up, a family is faced with major life changes, and individual family members and even entire families may begin to receive services from one or more mental health providers. She explains mental health privilege, which is the right to decide to keep certain information confidential, “off limits” and out of court in contested litigation.

Privilege can be waived, Parvis writes, which would allow disclosure of privileged information to the other parent and used as evidence at trial, but privilege laws vary by jurisdiction. Maryland, Washington, D.C., and Virginia all have different laws about privilege, so it’s important to meet with a lawyer who understands each.

Parvis concludes by stating that parents who are separating must consider what’s in the best interests of their children from both the legal and the mental health perspectives when they’re going through life changes. However, they also must understand how the two intersect, particularly when mental health information is not privileged.

Read the full article “Mental Health Confidentiality During Separation and Divorce” (PDF) for more information.

In an article published in The Washington Post on February 27, 2025, Jay Holland was quoted about the move to dismiss a federal civil rights case against the Maryland State Police (MSP). The dismissal was filed by the U.S. attorney’s office in Maryland at the request of the Justice Department. No reason was provided for the dismissal, nor was there an explanation of how Maryland should proceed.

The case at the heart of the dismissal accused the MSP of discriminating against Black and female trooper applicants. The matter was resolved months ago, when the state entered into a consent decree with the Justice Department, agreeing to a $2.75 million settlement and a host of changes. It’s unclear what will happen to the payments or other requirements of the consent decree now that federal prosecutors have moved to end the case.

The alleged discriminatory practices led a group of state troopers to file their own lawsuit against the MSP in U.S. District Court in Maryland. The lawsuit accuses the agency of denying promotions for officers of color, imposing harsher penalties on them compared with White officers and allowing a work environment that subjected them to racist comments. JGL principal Jay Holland represents the police officers in this case, which is ongoing. Holland weighed in on the dismissal of the federal civil rights case.

“It will not affect our case one iota. Whether this new administration has any interest in enforcing our country’s civil rights laws does not affect our interest in doing so for the state troopers who have been victims of illegal discrimination. We will continue to fight for the equal rights of our state troopers.”

Read the full article “Trump administration orders dismissal of Md. state police civil rights case.” (PDF)

JGL principal Veronica Nannis will present on a panel at the D.C. Bar’s March 18, 2025, remote program “Could My Client Be a Whistleblower? How to Identify Potential Whistleblower Clients and What to Do Next.” JGL associate Gia Grimm will moderate the event.

The event will be hosted by the bar association’s Labor & Employment Steering Committee. JGL principal Erika Jacobsen White is a member of the committee and helped develop the program.

During the event, panelists will share their expertise on identifying potential whistleblower clients and the subsequent steps to take. The program is designed to equip employment attorneys with the knowledge and tools needed to recognize whistleblower claims and navigate the complexities of such cases. Speakers will also provide practical guidance on key indicators that your employment client may have a whistleblower claim, the legal framework and protections available to whistleblowers, best practices for advising and representing whistleblower clients, and strategies for effectively litigating whistleblower cases. Attendees will gain valuable insights into the nuances of whistleblower law and learn how to advocate for their clients effectively.

Learn more and register for the remote program.

In Houser v. Houser, 262 Md. App. 473 (2024), the Appellate Court of Maryland upheld a circuit court ruling that rejected a child support waiver agreement between two parents.

The court affirmed that child support is a legal obligation upon a parent and one that cannot be waived by agreement of the parties, reinforcing Maryland’s public policy position in favor of assuring financial support for children by their parents. The Supreme Court of Maryland granted certiorari and will hear arguments on March 3, 2025. The case has garnered significant attention, as its outcome could have a meaningful impact on the legal landscape surrounding parental autonomy in child support agreements.

Key Issues in Houser v. Houser

At the heart of Houser v. Houser is the question of whether parents have the constitutional right to agree that no child support will be paid, even when both parents are financially capable of providing for the child. The circuit court refused to accept such an agreement and instead applied Maryland’s statutory child support guidelines, despite the parents’ mutual agreement to the contrary.

While adversarial in designation, the parties were aligned in their appellate positions and argued, among many arguments, that their agreement was in the best interests of their child and that the court’s refusal to honor it violated their fundamental rights under the United States Supreme Court opinion of Troxel v. Granville, 530 U.S. 57 (2000). The Appellate Court rejected this argument, distinguishing Troxel as addressing physical custody rights as opposed to parental agreements regarding financial obligations to their children.

Why a Further Appeal Matters

A Maryland Supreme Court decision on this matter could have far-reaching implications for family law. Here’s why:

1. Clarification of Parental Autonomy vs. State Interest

This case presents an opportunity for the Maryland high court to delineate the boundaries between a parent’s fundamental right to make decisions for their child and the state’s role in ensuring financial support for children. While prior cases establish that parents cannot waive child support obligations, the parents in Houser argue that their financial arrangement serves the best interests of their child. A ruling from the Supreme Court of Maryland offers an opportunity to provide further clarification as to whether or not Maryland courts may honor such agreements.

2. Potential Shift in Child Support Law

Maryland law currently mandates that courts use child support guidelines unless applying them would be “unjust or inappropriate.” However, courts rarely deviate from these guidelines unless exceptional circumstances exist. If the Supreme Court of Maryland rules in favor of the parents in Houser, the door could open for parties and litigators alike to enjoy more flexibility regarding child support arrangements, particularly in high-income cases where the guidelines may be seen as excessive or unnecessary.

3. Addressing Public Policy Concerns

The Appellate Court of Maryland emphasized a strong public policy position that a child’s right to receive support cannot be waived by a parent. While critics argue that rigid application of child support guidelines may not always reflect the nuanced realities of co-parenting, the state (in this instance, the court) is duty bound to protect the best interests of minor child by way of the State’s role as parens patriae. Therefore, an opportunity, such as this matter, to balance such significant interests is rare.

4. Impact on Future Custody and Support Agreements

Of course, the significance of this matter is only realized against the backdrop of the countless cases that will follow wherein parents seek to negotiate child support terms. Any seasoned practitioner of Maryland family law understands that a downward deviation of child support is not a straightforward proposition, much less a deviation to zero. Therefore, an appellate decision that will determine the extent of parental authority regarding child support is notable. If the Supreme Court of Maryland upholds the ruling, it will reinforce the principle that child support is an obligation with very little room for negotiation, if any, potentially deterring parents from attempting similar agreements in the future. If it reverses, then there may be a shift toward greater judicial deference to parental decision-making in financial matters, impacting custody settlements and child support agreements statewide.

Conclusion

The Supreme Court of Maryland’s forthcoming review of Houser v. Houser is poised to be a notable decision in family law. Whether it reaffirms the strict application of child support guidelines or allows for some degree of parental discretion, the ruling will shape the legal landscape for years to come. Like me, family law practitioners and parents with child support disputes should closely follow this case, as its resolution could redefine how Maryland courts balance parental rights with the state’s interest in child support.