One of the most difficult circumstances that people can encounter in family law matters is mental illness and how it affects a person’s life and family. If kept hidden, it can have devastating effects on relationships and custody matters. Depression, bipolar disorder, anxiety, and addiction are some of the conditions that are classified by the courts as mental illness.

When determining custody, the court takes into consideration many factors before issuing a custody order. In Maryland, the court will determine custody by deciding on what is in the best interest of the minor child. That being said, having a mental illness does not mean that you are unfit to have custody of your child. The court will consider factors like one’s psychological diagnosis, treatment plans, willingness to seek help, whether there are frequent hospitalizations, and whether there are violent outbursts in making their decision. The court will evaluate, among other things, whether there is a history of safety concerns to the child at anytime. Depending on the case, expert witnesses may need to provide documents and testimony to the court. Ultimately, the court wants to keep both parents in their children’s lives and will weigh how a parent’s mental illness affects the child’s best interests.

Mental health concerns and the impact on child custody matters are complex when you are going through a custody battle. If you have any questions or concerns about how mental health can impact your divorce or custody matter, please call us at (443) 741-2567 and we would be happy to meet with you to answer all of your questions.

One of the most difficult conversations you will have during your divorce is speaking with your kids about getting divorced. It is natural to feel anxious or scared about having this conversation. Here are some helpful tips to consider:

1. Make a plan as to how you will tell them. Whether you decide to sit them down with your ex, do it alone, or engage the services of a counselor to help you, it is important to have a defined plan as to how and when you will do it. Be mindful that timing is critical; you should not do it before school, during holidays, or during other important times. It is recommended that you find a time that the kids will have to process the information.

2. Do not play the blame game. You do not want your children to feel caught in the middle. Your children do not need to know every little detail from either side. Using phrases like “we made a decision to separate” may help convey that it was a joint decision as to avoid the kids feeling that they are caught in the middle or have to pick a side.

3. Be sure to tell your children what will change in their routine. Give them the reassurance that everything will be fine and also give them time to ask questions. It is your duty to explain to them who they’re going to live with, their new schedules, and what will be changing about their lives.

4. Be patient as your kids process the information. It is normal that they will have a reaction. Make sure to give them the space to feel and express to you what is going on with them. Using the services of a counselor may help in the transition.

While divorce is never an easy topic to discuss with children, it is important to remember that children need consistency and routine. If you have any questions about the divorce process, please contact us at (443) 741-2567 and we would be happy to assist.

There are now major changes to Maryland’s child support guidelines. Below is a summary of some of the important changes that took place as of July 1, 2022.

1. Guideline Range. Prior to June 30, 2022, the Maryland child support guidelines mandatorily applied to parents with combined monthly incomes ranging from $100 – $15,000. As of July 1, 2022, the schedule has increased the amount to combined monthly incomes up to $30,000.

2. Voluntary Impoverishment. In a dispute regarding voluntary impoverishment, the law mandates that the court shall make a finding as to whether, based on the totality of the circumstances, the parent is voluntarily impoverished. If the court finds that the parent is voluntarily impoverished, the court will consider the potential income of the parent to determine child support obligation. To calculate potential income, the court will consider the following factors:

   • parent’s age;

   • parent’s assets;

   • physical and behavioral condition;

   • educational attainment;

   • special training or skills;

   • literacy;

   • residence;

   • occupational qualifications and job skills;

   • actual income from all sources;

   • employment and earnings history;

   • record of efforts to obtain and retain employment;

   • criminal record and other employment barriers;

   • any other factor bearing on the parent’s ability to obtain funds for child support; and

   • employment opportunities in the community where the parent lives.

3. Declining to order child support. The new statute will give the court authority to decline to order child support in very specific and limited circumstances.

4. Self-support reserve. The self-support amount is now $1,145 and the court can deviate if the child support obligation leaves a parent with less.

An experienced attorney can assist you in answering your questions about the revised child support guidelines and how this may impact your legal matter. Call us at (443) 741-2567 and we would be happy to meet with you to discuss your case.