ERA Law Group

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Archives for September 2018

Sep 28

Family Law: New Laws

Attorney,Annapolis,MD,Family Law

On this week’s #FamilyFriday article, ERA Law Group, LLC wants to discuss some recent changes in Maryland Law that will become effective October 1, 2018 including getting a quick divorce with minor children and what happens when you owe child support!

1. Divorce by Mutual Consent expanded!

As some may know, effective October 1, 2016, Maryland Law permitted couples to divorce without waiting the formerly required one-year if they settled all marital issues and did not have any minor children. Now, Maryland has permitted this type of divorce – by Mutual Consent – to occur for couples with minor children. The couple still must resolve all marital issues such as alimony, marital property, debt, etc. and also must resolve all issues concerning the children including child support, physical custody and legal custody.

Additionally, mutual consent no longer requires both parties to be present for the divorce hearing. Only 1 party needs to be present.
Now, more than ever, Courts are going to want to see detailed and thorough separation agreements which completely capture the settlement arrangement between parties. Additionally, parenting plans – plans that focus on the upbringing of children in a divided household – will be a useful tool in ensuring that the matters concerning the minor children truly are and remain settled.

2. Failure to Pay Child Support!

When an individual fails to pay child support one of the immediate consequences is the revocation of their license. While this is a significant consequence, it often creates more harm than good. Without a license, the obligated person can’t get to work. If that person can’t get to work, they can’t pay child support. If they can’t pay child support, they become further in arrears. The cycle continues.

Effective October 1, 2018, a person who has suffered the above consequence and has successfully enrolled in an employment program with the Child Support Administration can have their license reinstated and can, upon referral from CSA, have their driving record expunged of the suspension. This new law encourages those parents who are in arrears to enroll in programs which will assist in the improvement of their employment and thus, pay their child support.

3. You can orally modify your grounds for divorce!

In most contested divorce cases, couples have various reasons they are seeking a divorce. That could mean adultery, cruelty of treatment, desertion, etc. When filing for divorce the filing party must select the grounds for their impending divorce. If, after a period of months and negotiation, they later decide to settle their issues and wish to proceed on an uncontested ground such as a 12-month separation, they would need to formally file an amended complaint. Unless represented by an experienced attorney who catches the need to file an amended complaint, this often creates unnecessary delay.

Effective October 1, 2018, parties do not need to file the amended complaint and can orally modify their complaint in open court at their final hearing and state that they wish to proceed on a 12-month separation. This is especially useful for couples who may not settle until just days or hours before the final hearing and/or couples not represented by an attorney. It allows couples to proceed with their divorce without having to prove the original grounds in which they filed.

Sep 25

#TuesdayTips: About the Elderly Population in the United States

The older population (persons 65 years or older) numbered 40 million in 2015, representing 13% of the U.S. population, or one in every eight Americans. It is predicted that by 2030, there will be about 72.1 million older persons, more than twice their number in 2000. People 65+ represented 12.4% of the population in the year 2000 but are expected to grow to be 20% of the population by 2030 (U.S. Census Bureau, 2013). How these people will be tended to is an issue of import today. Here are just several of the issues that must be considered.

  • More and more of these elderly adults will need round-the-clock care in full-time residential convalescence facilities.The federal law and regulations regarding nursing home issues are contained in the Nursing Home Reform Act of 1987. Current standards of care can be traced back to the congressionally enacted Omnibus Budget Reconciliation Act of 1987 (OBRA 1987) or NHRA 1987.
  • The legislation set forth certain requirements for quality of care – with regard to nursing homes that receive Medicare and Medicaid funding, but individual states were permitted to pass stricter standards if they chose According to the U.S. Code of Federal Regulations long term care facilities were required to adhere to a list of expectations including (but not limited to) such things as promoting quality of life and maintaining resident dignity, preventing the deterioration of a resident’s physical and communicative needs, ensuring residents receive proper treatment and assistive devices to maintain vision and hearing abilities, and develop a comprehensive care plan for each resident.
  • The purpose of this legislation was to set minimum standards for nursing home care while offering a guarantee of a level of quality to the greatest extent possible. The statute include the incorporation of a Bill of Rights to further support the nursing home resident. The federal government had the ability to intervene because nursing homes rely on the receipt of Medicare and Medicaid programs to continue to function, although this is less true in ‘for profit’ facilities than ‘not for profit’ centers. In either case they must be in compliance with the requirements of the NHRA 1987 unless they have received a waiver.

Do you have an elder family member who currently resides or whom you are considering placing in a nursing home? The legal experts at ERA Law Group in Annapolis will work with you to ensure he or she is receiving proper medical care and support.

Sep 18

#TuesdayTips: Everyone Needs a Plan

Estate Planning Attorney Annapolis MDDo you live paycheck to paycheck and are convinced you have no assets? It would seem to follow then that you have no estate to leave behind when you pass on. But, frankly, nothing could be farther from the truth. To the contrary – everyone needs a plan. Let’s consider just three of the many good reasons for preparing an estate plan no matter your net worth or age.

  • Estate plans are actually a set of documents that informs your loved ones how to address your affairs in the event you become incapacitated or depart this world. People who do not plan their estates often leave living family members with a legal mess to deal with during the grieving process. Ultimately, estate planning is not meant as an aid for you but for your loved ones.
  • Should you fail to plan the IRS and state probate courts will be happy to step in and prepare a plan post-death. Probate is the outcome of failing to plan. For example, failing to provide a will or creating a will but not including a trust. The process is generally very slow, all transactions become part of the public record, and it can become costly thereby reducing the size of your initial estate. It is the sad reality that failing to plan can actually be pricier than advanced preparations.
  • It’s not all about the money. If you haven’t given any thought to what you want your end of life to be – now is a good time to do so. You need to consider all the eventualities. For example, you should grant authority to someone to act as your agent regarding health care decisions should you be unable to speak for yourself. Additionally, identify a conservator and guardian for young children. These are determinations you want to have control over – and not something that would require the intervention of third parties who should not be involved in family matters such as these.

Estate planning may seem like a chore that you can put off until you have the time to think about it. But, the best advice is to take the time today to plan for the tomorrows when you won’t be here. It is the nicest gift you will leave your loved ones who will be able to cherish the memories instead of dreading the task of closing out your estate.

If you would like to know more about estate planning and other legal issues related to your family’s and your own personal well-being contact us at the ERA Law Group, Annapolis. We’re your experts in estate planning. We will treat your matters as if they are our own.