JGL Law, Author at JGL Law

With families of divorce, summer is often a time that kids spend significant amounts of time with non-primary custodial parents. Even in an ordinary summer, extended visits with that parent are often accompanied with anxiety and trepidation. Parents worry: Will her father make sure she does her summer school work? His mother won’t give him his medications. He does not worry about Sarah’s allergies. Where will they be staying? I need to know! The kids have their own concerns: Will I get to see my friends? I don’t like it there. Why do I have to go? These are but a few of the many concerns those families lawyers like myself hear at the launch of summer vacation, year in and year out.

This year – 2020 – brings no ordinary summer. All across the country, academic years were suspended, and then cut short. Families from California to Florida were forced into some sort of “stay at home” order. Courts are closed throughout the nation. The statistics regarding cases and deaths related to COVID-19 increase every day, even now, months into this pandemic. It is not surprising that divorced parents have disagreements and that many of those disagreements center around their children. As such, levels of anxiety have inherently increased as the summer of 2020 approaches.

In many jurisdictions, courts have issued overall edicts that parties are to comply with existing orders regarding visitation, regardless of the COVID-19 outbreak. Like most “general orders”, those edicts are simply inappropriate and often just plain unfair for many children and their families. Any number of potential situations comes to mind. What happens where a child has been sick or even exposed to the virus? Should she have to go to her mother’s house despite an existing order that provides mother with four weeks of summer visitation? Dad lives in California and his son is supposed to be put on an airplane to fly there from his home in Maryland? Should the child be put at risk by travelling through an airport and on the plane from one coast to the other just so Dad can exercise his visitation?

I am reminded of a great quote that I heard some time ago from Jodi Picoult, a best selling fiction author: “The answer is that there is no good answer. So as parents, as doctors, as judges and as a society we fumble through and make decisions that allow us to sleep at night because morals are more important than ethics and love is more important than law.”

That may or may not be helpful. What I can say to parents is that the best thing you can do, when trying to balance health and safety with court orders and obligations is to find a family lawyer whose judgment you trust, give them a call and discuss your situation and get some advice. Do your best. No one gave any of us lessons in how to handle the myriad of issues that have been presented to us when considering COVID-19 and its impact on summer visitation.

David Bulitt is a shareholder in the law firm of Joseph, Greenwald & Laake, PA, in suburban Maryland. A father of four, he focuses on all areas of family law. A published author, Bulitt’s most recent book, THE FIVE CORE CONVERSATIONS FOR COUPLES was published in February, 2020 and is co-authored with his wife, a family therapist.

A mother battling serious addiction issues used the services of a skilled family lawyer and found a gradual path back into her children’s lives by negotiating a modified possession order requiring her to engage in addiction therapy, submit to drug testing, and wear a remote alcohol monitoring device as conditions for her progressive visitation and custody schedule.

If you have time on your hands, seize the opportunity to catch up on those “to do’s” needing wrap up after your child support or alimony case. Check out these tips to see if any apply to your support order or agreement.

Tip 1: Timing

Confirm & calendar:

· Due dates for payments.

· Termination events & dates of final payments.

· When paying child support for multiple children in the same court order, a date to look into whether to file to modify child support when older children reach the age of majority and age out (because child support does not automatically reduce).

· A date by which to file to terminate support due to terminating events, if being paid through an earnings withholding order, because withholding does not necessarily automatically stop.

Tip 2: Termination

While repetitive, the only ones tracking support termination events are you and the other parent or your ex-spouse. Know which events terminate support and when. Understand what is required of you and the other parent or your ex-spouse to terminate. Then track, calendar, and follow up.

Why? Would you rather support terminate when planned? Or, chase reimbursement of overpayments (which may or may not be reimbursable)?

Tip 3: Changes in Circumstance

No child support order is written in stone. Changes may occur to parents’ income or children’s expenses. If material, these could justify a modification or change in child support. Per current law, a court can only modify child support dating back to the date of filing with the court. Delay can be costly.

Also, alimony may be modifiable. Either due to material financial changes or only due to certain circumstances stated in your agreement. Be sure to understand if alimony is modifiable in your case and when/why. Know what is required of you if modifying circumstances occur, to avoid unintended financial consequences.

Please see Tip 9 about Future Disputes below, which may come into play.

Tip 4: Children’s Expenses

Sometimes certain expenses are paid outside of child support, usually varying or foreseeably terminating expenses. If so:

· Review your order or agreement.

· Understand the reconciliation & reimbursement process, documents required, and timing.

· Calendar dates.

Then follow it if you don’t want to risk potential forfeiture of the right to reimbursement.

If monthly child support includes varying or foreseeably terminating expenses:

· Identify the expenses & amounts.

· Review these at least yearly for changes.

· If changes occur, consult with a professional for cost/benefit of a modification of child support.

Tip 5: Life Insurance

Does your agreement require life insurance for the benefit of children or an ex-spouse? If so, identify requirements, deadlines, calendar & follow up. If forgotten, the financial consequences & future headaches can be significant.

If life insurance is not required and you haven’t already, update your life insurance beneficiaries.

Tip 6: Exchanging Documents

If your agreement or order requires exchange of documents, to ensure follow through: Identify which documents, when & calendar due dates.

Tip 7: Recalculation

If your agreement requires automatic recalculation of support:

· Seek professional advice about what is expected of you, what the process involves & how to formalize any recalculation.

· Identify tasks & calendar.

· Identify professionals to assist with the recalculation (such as mediator, attorney, or accountant), because this often cannot be done without their help.

Tip 8: Taxes

Consult with an accountant or tax preparer about what your court order or agreement requires tax-wise and any withholding adjustments that may be appropriate because of changes in your filing status. This may involve claiming children, required IRS documents, and questions about deductibility.

Tip 9: Future Disputes

Is there a process for resolving future disagreements or disputes in your order or agreement? Take a look. Look for things like notice (especially written notice of breach) & mediation. During conflict it can be difficult to remember that there may be a required resolution process. Plus, it may be required before filing in court.

Conclusion

In the immediate relief that often follows the end of negotiation, mediation, or litigation, it’s tempting to put your documents in a drawer and move on. Moving on also means wrapping up.

If questions about what follow up is needed, consult with an appropriate professional, whether an attorney or accountant.

Since 2002, Lindsay Parvis has represented clients in Maryland custody, divorce, and marital matters. She negotiates, litigates, and advocates for the best interests of her clients, whether in contested litigation, uncontested settlement, or premarital and other agreements. Her clients are not only spouses and parents, but also children whose interests she is appointed by the court to represent in contested custody litigation. Lindsay strives to improve Maryland law in the General Assembly, volunteering her time to monitor, advocate, and educate about legislative developments in family law.

You may find yourself with time on your hands while staying at home. This is an opportunity to catch up on the “to do’s” that still need tending after your child custody and parenting case has finished.

The relief of the end of a case usually leads to a new normal, followed by forgetting those items that still need tending. Now may be a good time to wrap up that outstanding to do list.

Tip 1: Make a Calendar

Review the parenting time schedule in your agreement or court order. Put the day-to-day, holiday, school break, and summer schedules on a calendar. Include deadlines for designating/choosing summer vacations. Then send it to the other parent.

This helps you identify & get ahead of any disconnects. Before becoming last minute crises. In addition, this helps you track & keep deadlines for choosing summer vacation time. Therefore, you are on time & avoid conflict over missed deadlines.

Finally, and perhaps most importantly, some children find a calendar helpful to adjust to and follow a parenting time schedule. Once you and your co-parent are on the same page, consider creating a kid-friendly calendar for your children.

Tip 2: Keeping In Touch With Your Kids

Some parenting orders and agreements are very details about parent-child communications when your children are with their other parent. Some are not, leaving the “how” and “when” to parents to work out. Read your order or agreement. What does it say?

If nothing at all, or something but not how and when, try to work it out with your co-parent. If there is a stated schedule, then start building a routine with your children around it. Expectations matter – especially unmet expectations. Knowing & following through help avoid conflict and disappointment.

Tip 3: Supportive Services

Does your agreement or court order require follow up or supportive services? For example, therapy, testing, evaluations, or parenting coordination? If so, are there deadlines?

In the relief of the case being “over”, it is easy to forget about the services meant to support your family’s successful transition to your new parenting agreement or order. Parents and children can only benefit from these services by following through. Without parent follow up, services do not happen.

Tip 4: Future Disputes

Is there a process for resolving future disagreements or disputes in your order or agreement? Take a look. Look for things like notice (especially written notice of breach), mediation, parent coordination, or consultation with another professional.

During conflict, it can be difficult to remember that there may be a required resolution process. Moreover, that might actually help you and your co-parent work out the issue. In addition, that may be required before either of you can file in court.

Tip 5: Legal Custody & Decision Making

What does your agreement or court order define as decisions requiring involvement of both parents? What kind of involvement? Consultation? Information sharing? Participation? Discussion? Making decisions?

Beware of making decisions on your own, only to find out that the other parent too had a say but had not been given a chance. This runs the risk of the other parent putting the brakes on a decision. Or, unreimbursed expenses from that decision.

In addition, you may find that when there is impasse you are required to participate in a dispute resolution process (see Tip 4).

Tip 6: Notification

Review your court order or agreement for what events require advance notice to the other parent. What kind of notice? When? For what?

You may find that advance notice is needed about a move or change in residence, changes (to the schedule, in the children’s schools or medical providers), disputes with the other parent before filing in court, selecting summer vacation dates, rights of first refusal, and so forth.

Tip 7: Material Changes in Circumstance

No parenting agreement or custody order is written in stone, never to change. Material changes may occur after your court order or agreement making the existing parenting time schedule or legal custody decision making no longer possible, practical, or in your child(ren)’s best interests. Changes happen. If material, these could justify a modification of or changes to your parenting agreement or court order. (In that event, see Tip 4 about Future Disputes.)

Conclusion

In the immediate relief that often follows the end of negotiation, mediation, or litigation, it’s tempting to move on without looking back. Moving on also means wrapping up. Tending to this now will save you potential parenting headaches in future.

If questions about what follow up is needed, consult with an appropriate professional, whether an attorney, therapist, or other advisor…

Washington DC – The 2020 edition of DC, Super Lawyers magazine recently named 14 Joseph Greenwald & Laake, P.A. attorneys to its annual Maryland, Super Lawyers lists.

Among which Patrick W. Dragga was listed as one of the lawyers who ranked top in the 2020 Washington DC Super Lawyers (Top 100).

The Washington DC, attorneys who made this year’s Super Lawyers list, including their primary practice areas as identified by Super Lawyers, are:

GREENBELT, MD –

Andrew E. Greenwald – Medical Malpractice: Plaintiff
Burt M. Kahn – Medical Malpractice: Plaintiff
Jay P. Holland – Labor & Employment
Steven M. Pavsner – Medical Malpractice: Plaintiff
Timothy F. Maloney – Gen Litigation

ROCKVILLE, MD –

David M. Bulitt – Family Law
Jeffrey N. Greenblatt – Family Law
Jeffrey Hannon – Family Law
Patrick W. Dragga – Family Law
P. Lindsay Parvis – Family Law
Anne E. Grover – Family Law

RISING STAR –

Alyse Prawde – Civil Litigation: Plaintiff
Rama Taib-Lopez – Family Law
Christopher R. Castellano – Family Law

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.

About Joseph Greenwald & Laake

For more than 40 years, Joseph Greenwald & Laake has worked with individuals and businesses in Maryland and the District of Columbia, taking on the most complex of legal issues with sophisticated counsel and a personal touch. JGL serves clients in virtually all areas of the law.

If you find yourself with time on your hands, now is an opportunity to catch up on those after divorce “to do’s”.

Often, clients are so relieved the divorce is over, they put their divorce documents in a drawer, understandably wanting to move on. However, there are often deadlines, timelines, and follow up needed after the divorce. Now may be a good time to tend to those items that need wrapping up.

Tip 1: Retirement Transfer Orders

If retirement assets are to be transferred between you and your ex-spouse, have the necessary retirement orders been prepared? Filed with the court? Copies submitted to the retirement Plan? Accepted by the Plan?

Most transfers of retirement benefits between ex-spouses require a court order to carry out the transfer. Because retirement benefits are often one of the largest assets transferred in a divorce, it’s important to make sure this is done. If any questions, this really is best discussed with an attorney.

Tip 2: Death Benefits for Life Insurance & Retirement Assets

If an ex-spouse is not entitled to benefits from life insurance or retirement assets when you pass away, have you updated your life insurance and retirement beneficiary designations?

Even if a marital settlement agreement waives your ex-spouse’s right to these benefits upon your death, the life insurance company and retirement plan are not parties to your agreement. Avoid the unintended consequence of having death benefits paid to an ex-spouse who is not entitled to them. Update your beneficiary designations. Be sure life insurance beneficiaries are consistent with what your agreement requires.

Tip 3: Update Your Estate Planning Documents

If you haven’t, there’s no time like the end of a divorce to prepare an estate plan or update your existing (and now outdated) estate planning documents (Last Will & Testament, Power of Attorney, Healthcare Directive/Living Will). While you may have run out of steam, your records are as organized and updated as they are likely going to be for years to come. Take advantage of this, push through, and get these important documents done.

Tip 4: Review Your Settlement Agreement or Divorce Decree/Judgment of Absolute Divorce

While tempting never to look at these again, they often contain deadlines, timelines, and items needing follow up that can easily fall through the cracks. When reviewing, note items that require one-time wrap up versus those that require attention repeatedly (such as annually). Some common ones:

· Name Change: If in the Judgment of Absolute Divorce you resumed use of a former name, have you updated this with Social Security, MVA? Employment, life insurance, health insurance, bank, investment, and loan accounts?

· Home Ownership & Use & Possession: This frequently involves a number of deadlines. Review. Make sure you understand what needs to happen when. Schedule deadlines & reminders on your calendar.

· Car Title: Is title to be transferred? Have the appropriate forms been signed & submitted to MVA? If there is a loan against the car, title transfer cannot occur until the loan is paid off or refinanced to remove the non-owner ex-spouse. In that case, task/calendar the payoff date and chase up the title transfer then.

· Exchanging Documents: Sometimes, ex-spouses are required to exchange documents periodically. This may be required to show compliance with maintaining life insurance for a child’s or ex-spouse’s benefit or to exchange income information for spousal or child support purposes. Identify whether documents are to be exchanged, what documents, and how often. Then follow up.

· Bank & Financial Accounts: Have joint accounts been closed or retitled?

· Debts: Have joint accounts been closed or former authorized users removed? Pull your credit report to see what it shows.

· Utility Ownership: Identify any services provided through or jointly with your ex-spouse and arrange to separate, transfer, or change the account ownership.

· Taxes: Schedule an appointment with an accountant to review your agreement or divorce decree (if you haven’t already) for advice about what follow up is needed tax-wise.

Conclusion

In the immediate relief that often follows a divorce, it’s tempting to move on without looking back. Moving on also means wrapping up. Tending to this now will save you potential headaches in future.

If questions about what follow up is needed, consult with an appropriate professional, whether an attorney, accountant, realtor, mortgage broker, investment advisor…

Welcome to the latest article in a series about mediation. Here are earlier articles about:

· Online Mediation Technology Tips

· An Overview of the Online Mediation Process

Before jumping into how to prepare for settlement discussions in mediation, let’s first address what mediation is:

What is Mediation?

Mediation is a process of meeting with a neutral person, called the mediator. The mediator’s role is to provide a structure for settlement discussions.

Participants include the mediator, the people who have a dispute, and potentially their attorneys. Mediation may include other participants if mutually agreed in advance.

Mediation’s goal is a settlement accepted by all parties.

How can you set yourself up for success? Preparation is key.

Tip 1: Understand the Process Ahead of Time

Don’t walk into mediation without a basic understanding of mediation and the process.

If you have one, ask your attorney. If you don’t, check out these online tools about mediation & the process:

· Maryland State Bar Association’s ADR In a Box Video Series

· Mediation Confidentiality

· Maryland Judiciary’s Mediation Video

Tip 2: Gather Information to Help You Make Informed Decisions

Don’t walk into mediation uninformed. Identify the issues to be resolved in mediation, then gather the information you need for informed discussions and decision-making about those issues.

If you don’t have the information you need, ask for it. Gather the information you do have.

If you have an attorney, prepare with him or her in advance, discussing the information needed for a productive mediation.

If you don’t, you can use the Maryland Court forms below (which you may or may not have already prepared) to identify and gather information that is likely to be helpful in the mediation on the following topics:

· Child Support: Financial Statement (Child Support Guidelines for combined parent incomes less than $15,000/month)

· Child Support and/or Alimony: Financial Statement (Alimony & Child support for combined parent incomes of $15,000+/month)

· Children: Parenting Time (Physical Custody) & Legal Decision-Making (Legal Custody)

o Parenting Plan Instructions

o Parenting Plan Tool

o Joint Statement Concerning Decision-Making Authority & Parenting Time

· Property: Joint Statement Concerning Marital & Non-Marital Property

Tip 3: Develop a Settlement Plan

Reviewing the forms above or based upon discussions with an attorney, develop settlement options & write them down. It usually helps to start with three:

1. Your ideal settlement outcome

2. What a court will likely decide

3. Your bottom line or what settlement you are willing to accept to avoid a contested trial/the court deciding for you

Settlement options are almost infinite, limited only by the parties’ creativity, willingness to compromise, and what is practical/possible. However, the world of options becomes much smaller when a court decides the outcome because the Judge or Magistrate is limited by what the law allows them to do.

Please visit my blog for ideas on how to organize thoughts & develop settlement options regarding children and parenting:

· Parenting Time & Physical Custody

· Decision-Making & Legal Custody

· Parenting Time Schedules

· Summers

· Holidays

· Rights of First Refusal

Tip 4: Consult Professionals & Resources

Ideally before, but also during, the mediation process, consult with any professionals & resources from whom you need necessary information in order to evaluate settlement options (both the ones you generated and those raised in mediation). This might include:

· Your mortgage provider, a mortgage broker, or lender about a refinance

· An accountant about income tax return-related issues and tax consequences of certain asset transfers/division

· A realtor or appraiser about the value of a home or other real estate

· An appraiser of other difficult to value or disputed value items or assets, like a business, artwork/collection, pension, and the like

· An attorney for the legality, practicality, and advantages and disadvantages to you of a particular proposal. (You may find this article about how and when to involve an attorney in mediation helpful.)

Tip 5: Prepare Yourself for Difficult Conversations

Mediation can be a very effective settlement tool. Preparation puts you on the path for success. But that doesn’t mean the path is easy.

You may find the following resources for managing conflict, difficult conversations, and stress helpful:

· Calming Your Brain During Conflict

· Active Listening Exercise

· Mindful Breathing for stress, anxiety & anger resilience

Conclusion

Mediation is a process. It takes time. With preparation, you can make the most of your time in mediation, paving the way for a successful settlement.

This article expands upon an earlier one discussing mediation, online mediation, and technology do’s and don’ts, which you can read here.

So, what should you expect during online mediation?

Video Conferencing Software

ODR or virtual mediation takes place using video conferencing software (such as Zoom, Microsoft Teams, etc.). This means that participation occurs over video (or, over a telephone if video is unavailable) and participants can see and hear one another.

Tip: Ask your mediator in advance what software he or she uses and watch a tutorial on YouTube or the software’s website. Familiarizing yourself with the software in advance will alleviate some of the stress, so you can focus on the issues you are there to mediate.

Session Structure

The software used usually allows the mediator to create “rooms”, so video screens showing all or some of the participants. When in a room, participants should be able to see and hear everyone else in the same room. When in separate rooms, participants can only see and hear participants assigned to their room, not anyone in other rooms. The mediator can move between rooms.

These rooms are generally used for different combinations of participants:

· everyone in the same room; and/or

· just one party (and their attorney, if participating) together with the mediator in the same room (called caucus or breakout), while the other party (and their attorney, if participating) wait together in a separate room; and/or

· just the attorneys and the mediator in the same room, while the parties wait in their own separate rooms.

The different room configurations allow a mediator to communicate with everyone together or with each party (and party’s attorney, if attending) separately. Sometimes separate rooms (or caucuses) are needed to help move settlement discussions along because they are opportunities to say things that you may not want to say to the other participant and to break out when communication in joint session becomes unproductive.

Tip: A mediator may caucus with one party for more time than the other. This happens. Usually because one party needs more time to share or process information or form a settlement response. Be prepared for unequal division of time and wait time.

Chat & Communication Features

When the mediator is in another room, you may need his or her attention. The software may have features to reach the mediator such as:

· Chat

· Raising your hand

· Asking for help

Tip: If the software offers none of these or you are unsure how to use them, ask the mediator for a direct dial phone number to call if all else fails.

Likewise, if in joint session and you want to talk only with your attorney, ask for a break or timeout. You may also be able to send a chat message to only your attorney.

Documents

If documents are important for settlement, know what documents you need and develop a plan with the mediator (and your attorney if you have one) before your session.

This may involve sharing documents in advance or during the session (such as with screen sharing).

Sharing documents calls for decisions about which documents go to whom, when, and how. For example, some documents may be confidential and only intended for the mediator, while others may be needed by all.

Don’t let the what, when, and how of document sharing derail your mediation. Plan in advance.

Tip: If you’re unfamiliar with the video conferencing software, don’t try to screen share documents using unfamiliar software. Especially if the documents contain sensitive information. Instead, develop a plan for sharing documents securely and in advance using familiar tools and software.

Respect & Professionalism

During online mediation, make it your focus. Distractions and multitasking show lack of respect for the mediator, participants, and the process. And, detract from active listening and critical and creative thinking, which are essential to successful mediation outcomes.

Online mediation means you are on video. Be aware of your demeanor, facial expressions, and camera positioning. Also, some mediators do not allow participants to opt out of video or go off screen (which bring into question confidentiality and may result in termination of the session).

If participating from a place with background noise, use headphones and a microphone.

And as with in person mediation, talking over other participants does not help get your point across. Quite the opposite.

Tip: Model the behaviors you want reciprocated.

Conclusion

Online mediation is here to stay. With its many conveniences, advanced planning will help you make the most of it and set yourself up for mediation success.

The IRS’s Economic Impact Payment Information Center contains a lot of helpful information and is well worth reading. Plus, the IRS’s website has an online tool for checking the status of your payment, how your payment will be made (check or direct deposit), and to submit bank information if not on record.

While not intended as tax advice or substituting for the advice of an accountant or tax attorney (which I am not), here are Frequently Asked Questions about how stimulus payments (or as the IRS calls them “economic impact payments”) may be impacted by family legal & divorce matters.

1. My last tax return was filed jointly with my spouse but we have since separated, who will get the payment?

Answer: Per the IRS, if your last filed tax return was joint, the payment will be joint and go to the last address or bank account on record with the IRS. To receive separate payments, you must have filed a separate tax return from your spouse. For example, if you jointly filed taxes for 2018, have not yet filed for 2019, and now have separated from your spouse, consult with a tax advisor for the cost/benefit of filing a separate 2019 return to attempt to separate the payments and about filing separately and later amending to joint. Please also see FAQ #3 about separate spouse payments when a stimulus payment is intercepted to collect child support arrears.

2. Will I get a stimulus payment if I owe back child support/child support arrears?

Answer: No. Per the IRS, the only reason a stimulus payment can be withheld is for back child support or child support arrears. If withheld, your stimulus payment will be applied to child support owed. See also FAQ #3.

3. Will I get a stimulus payment if I filed a joint return with my current spouse who owes back child support/child support arrears?

Answer: No, except if you filed an Injured Spouse Claim together with your last joint income tax return. An Injured Spouse Claim is filed when a spouse over withholds/overpays taxes, is due a refund, files a joint tax return, but the other spouse owes child support (which would result in the refund being intercepted and applied to child support arrears), to ask that the overpaying spouse receive his/her share of the refund. If you filed an Injured Spouse Claim, the stimulus payments are supposed to be split and you will receive your share while your spouse’s will go to back child support.

4. Who will receive the stimulus payment for our child, when my ex and I alternate/take turns claiming our child on our individual tax returns?

Answer: Per the IRS, the parent who last claimed the child is entitled to the child’s stimulus payment. But when both parents’ latest returns filed are for different tax years and both have claimed their child, the IRS has yet to say and the proof is likely to be in what the IRS does (and whether both parents receive a payment for one child).

5. What if my ex received my share of the stimulus payment (either for myself or our child)?

Answer: A tough question because the answer is dissatisfying. If your ex receives your share and will not turn it over, there’s not a cost effective way to force its return to you. The economic benefit is reduced by the time and cost of chasing your ex and involving attorneys and/or the court.

5. Is the stimulus payment considered income when calculating child support or alimony?

Answer: Per the IRS, the payment is not income and not taxable. Despite past stimulus payments in 2008 and 2009, Maryland law (whether statutory or Appellate case law) does not specifically say. From a practical perspective, the amount is unlikely to make a significant difference in the calculation of child support or alimony.

Income is broadly defined as “income from any source” for child support purposes and includes certain “benefits” (Social Security, worker’s compensation, unemployment insurance, disability insurance, and third party dependent benefits paid on behalf of a child support payor). However, it excludes benefits from means-tested public assistance programs. Income for alimony purposes is considered much the same (though without a statutory definition).

So, a definite answer is not possible. It seems unlikely because the law does not specifically define it as income and the IRS says it is not. And, while it nets out for separated spouses and parents who both receive a payment, not everyone is entitled to receive a payment. Curious if a court might consider as income any amount wrongfully kept by the other parent or ex-spouse, which is discussed in FAQ #5.

What if I’ve lost income during COVID-19 and am required to pay child support?

Overview

If you’ve lost income due to unemployment, reduced hours, or furlough, you can file to modify child support. To modify child support means a change in child support. Child support can be modified when a “material change of circumstances” has occurred.

Changes in circumstance can include changes in a parent’s income or in a child’s expenses.

Retroactive Modification of Child Support

Maryland law only allows a court to modify child support dating back to the date a request is filed with the court. This idea of dating back to filing is also called “retroactivity”. You can read more about retroactive child support here.

Filing in court to modify child support as soon as an income loss occurs allows a court to change child support dating back to the date the request was filed. A parent who waits to file loses out on retroactivity for the period of time between the income loss and the actual filing date.

Reducing Child Support Before Support is Modified

Difficult questions arise when a parent’s income is reduced and a parent can continue to pay some, but not all, of the support ordered. Should a parent pay child support after an income change? If so, how much?

Recoupment is a legal concept that, in theory, allows courts to require reimbursement of overpaid child support. However, recoupment is more theory than reality. This is because child support paid is presumed to be used for the benefit of the child. Even overpayments. Taking that money away from the child is generally considered detrimental to the child. So, this writer, has yet to see an award of recoupment.

So that leaves a parent with the difficult decision of whether to:

· keep paying child support in the amount ordered with little hope of reimbursement; or,

· reduce child support until a court can make a decision and potentially face a contempt case from the recipient parent or collection actions by the Office of Child Support Enforcement in the meantime.

This decision is usually best made in consultation with an attorney and considering what the child support guidelines based upon the parent’s changed income.

Conclusion

Income loss can be a reason to change child support.

When it comes to child support, filing as soon as a change has occurred is important to preserve retroactivity – changes to support dating back to the court filing. Then, a parent (ideally in consultation with an attorney) needs to decide if reducing support is the right decision while the modification request makes its way through the court.

Successfully appealed to the Maryland Supreme Court and established that mandatory travel time required by an employer is compensable time. Amaya v. DGS Constr., LLC, 479 Md. 515 (2022).

What if I’ve lost income during COVID-19 and am required to pay alimony?

Overview

If you’ve lost income due to unemployment, reduced hours, or furlough, you may be eligible to request modification of your alimony obligation. It depends upon how your alimony obligation was decided.

Court Decided Alimony

If a court decided that you should pay alimony, then court-awarded alimony can be modified “as circumstances and justice require”. Also, a court may terminate alimony “if the court finds that termination is necessary to avoid a harsh and inequitable result.”

Agreement-Based Alimony

If alimony resulted from an agreement, then the agreement may or may not allow for modification or termination. It all depends upon whether there is language in the agreement that:

· “the provisions with respect to alimony or spousal support are not subject to any court modification”; and,

· If the agreement allows for modification or termination, under what circumstances.

Whether agreement-based alimony is modifiable or terminable due to income loss can be a difficult question and is best discussed with an attorney.

Retroactive Modification of Alimony

Maryland’s Court of Appeals decided in 2001 that a Court is allowed to modify alimony payments to a date earlier than the request to modify is filed with the Court if “circumstances and justice require”. (This is not so with child support.) This idea of dating back to filing is also called “retroactivity”.

Reducing Alimony Before Modification

Difficult questions arise when the alimony payor’s income is reduced but she or he can continue to pay some, but not all, of the support ordered. Should alimony payments continue after an income change? If so, how much?

This decision is usually best made in consultation with an attorney about your specific circumstances, as the law is not very developed on this issue.

Conclusion

Income loss can be a reason to change alimony depending upon whether the alimony is modifiable or not. While the path to entitlement to request modification is clear for court-awarded alimony, it is less so for agreement-based alimony that requires review of the agreement and whether and under what circumstances modification is allowed.

Author: JGL Law

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