Who Makes the Survivor Benefit Selections?

In a divorce case, a pension survivor benefit is an asset which is in play for division. Recently the Maryland Court of Special Appeals struck down a decision of the Carroll County Circuit Court which determined that a former husband had the right to make a selection of the options available for a survivor benefit which had been assigned to his wife. The appeals court […]

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Reasons Needed for Denial of Lawyer Fees

In a recent unreported Maryland Court of Special Appeals Case the trial court in a divorce case awarded no attorney’s fees to a wife after awarding her alimony. The appeals court held that this decision was erroneous. The appeals court made this determination because it claimed the proper analysis was not performed by the trial judge. This was because the husband had equity in the parties […]

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Custody Can Be Resolved When Parties Reside Together

In a recent unreported case, the Maryland Court of Special Appeals determined that a court can make custody determinations while the mother and father continue to reside together. This case involved some unique facts, however, this case is a marked change from prior treatment of custody disputes.

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Sexual Abuse Conviction Does Not Alter Visitation

In an appeal of a divorce and custody decision in Prince George’s County, The Maryland Court of Special Appeals recently held that a father’s dishonesty concerning a conviction for sexual abuse of an adult does not result in mandatory modification of a visitation schedule mandating that the father have tiebreaker authority in certain decisions. Instrumental in the appellate court’s determination was the fact that the […]

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A Price is Paid for Falsely Claiming Domestic Violence

It is well known that some people often falsely allege assault or other acts of domestic violence in order to remove their spouse or domestic partner from the home or gain sole or primary custody of a child.  In the recent custody case of Rex v. Rex, an unreported case decided by the Maryland Court of Special Appeals. A mother filed several meritless order of […]

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