When should a parent be able to get a custody trial postponed?

By Morgan P. Appel A recent unreported* decision of Maryland’s intermediate appellate court considered an appeal by a parent whose request to postpone a child custody trial was denied. In general, a trial court has discretion to continue or postpone hearings ‒ and to refuse to do so. The Court of Special Appeals can reverse […]

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Does retirement, on its own, justify a modification or termination of alimony?

By Nogah B. Helfant In a recent unreported* decision Maryland’s intermediate appellate court considered a trial judge’s decision to deny a dentist’s request to terminate or reduce alimony, even though the dentist had retired. Under MD Fam. Law Code § 11-107(b), the court may modify the amount of alimony awarded as circumstances and justice require. […]

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Custody Location When a Child Resides in a Different State

By Morgan P. Appel A recent unreported* decision of Maryland’s intermediate appellate court shows that, although you live in Maryland, your custody case may not be decided in Maryland ‒ even if a Maryland court has the right to make the decision. In Brooks v. Brooks, at the time of their child’s birth, the family […]

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A Court’s Contempt Order Must Have Teeth to Be Enforceable.

By Vincent M. Wills Contempt orders – orders issued by a court to force a person to comply with a prior court order – must contain a sanction and a purge provision to be enforceable. Dolet v. Martin, a recent unreported* decision of Maryland’s intermediate appellate court, holds that to be valid a court’s contempt […]

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