The 2017 Maryland legislative session saw a failed effort to impose a rebuttable presumption that a parent is able to work 40 hours per week at minimum wage for child support purposes when a parent is found voluntarily impoverished. Specifically, HB1248 would have...
Legislative News
Bill Denying Clerks the Right to Rule on Motions Denied
The 2017 Maryland General Assembly Session saw a bill - SB378/HB1191 - which would have prevented court clerks from ruling on motions. This arose, apparently, due to a directive of the District Court of Maryland which would have allowed clerks to rule on motions to...
Mandatory Continuance Bill Denied
The 2017 Maryland General Assembly Session saw, for the first time, a bill that would have made a continuance/postponement of a civil case mandatory if all parties agreed to the continuance. This would have applied to civil cases only, both at the trial and appellate...
2017 Legislative Derail – Best Interest & Child Advocate Attorneys as DV Petitioners
The 2017 Maryland legislative session saw an attempt to add Best Interest ("BIA") and Child Advocate Attorneys ("CAA") to the categories of domestic violence petitioners. Specifically, the proposed bill would have allowed BIAs and CAAs to file domestic violence...
Rape Survivor’s Family Protection Act Fails Again
A number of bills did not pass the Maryland General Assembly in the 2017 session, one of which has been long in the making. SB574/HB428: Family Law - Child Conceived Without Consent - Termination of Parental Rights (Rape Survivor Family Protection Act)...
2017 Maryland Family Law Legislative Update
The 2017 legislative session saw the introduction of relatively few family law bills, but with a surprising number passing (especially as compared with 2016). Subject to veto by the Governor until May 30 (which is not anticipated), the following bills were passed into...
2017 Maryland Pet Visitation Bill Crated
In Maryland divorce cases, pets acquired during the marriage are considered personal property. This means that current law entitles the court to determine ownership and nothing more. Not matters more suited to a member of the family, such as custody, visitation,...
New Law on Health Insurance & Maryland Child Support Awards
Effective October 1, 2017, a new law will go into effect, expanding the definition of “health insurance” for child support purposes. HB926 (http://mgaleg.maryland.gov/2017RS/bills/hb/hb0926T.pdf) passed the Senate unanimously and almost so in the House (126-1), and...
What’s in a Name? Volume 2
In the 2017 legislative session, the Maryland Generally Assembly passed into law an update to existing law on restoration to a former name in a divorce. HB793: Family Law – Divorce – Restoration of Former Name (to view the...
License Suspension For Non-Payment of Child Support Refined by 2017 Maryland General Assembly.
Effective October 1, 2017, changes go into effect regarding the Office of Child Support Enforcement's right to suspend different types of licenses of payors who fall behind on child support. Specifically, these changes apply to driver’s licenses as well as business,...
Maryland Domestic Violence Law Gets Minor – But Needed – Update
Currently, Maryland law (Family Law Article §7-301.1) makes an Interim, Temporary, or Final Protective Order granted in a domestic violence proceeding inadmissible evidence in other family law matters, such as divorce, custody, and custody modification cases....
Maryland’s Failure to Increase the Minimum Age to Marry
Since 2016, there have been multiple failed attempts to pass legislation increasing the minimum age to marry in Maryland. The 2017 Maryland General Assembly Session was no exception. This year saw two. HB484, sought to increase the minimum age from 15 to 18 years old,...