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  • In Maryland, there are two types of alimony that can be awarded post-divorce: rehabilitative alimony and indefinite alimony, often referred to as permanent support. These payments are meant to help ensure the lower-earning spouse has the resources he or she may need when the marriage ends and a fair financial outcome is achieved. While alimony in Maryland is often one of the most contentious issues in divorce, it’s important to understand the difference between rehabilitative and indefinite alimony, and how an award of alimony is calculated.

    Key Takeaways

    • There are two types of alimony in Maryland that can be awarded as part of a divorce: rehabilitative and indefinite alimony.
    • Rehabilitative alimony is short-term support awarded while a spouse gains the experience, education, and skills they need to become self-supporting. This type of support is preferred by the Courts and is designed to allow a spouse to transition and get back on his or her feet.
    • Indefinite (or longer-term and modifiable) alimony is awarded in cases where a spouse cannot become self-supporting due to disability, illness, or advanced age. This type of alimony has no set end date unless it is modified or terminated.
    • Alimony in Maryland is not based on a fixed formula. Rather, courts consider a number of factors to determine whether alimony should be awarded and the amount. No factor weighs more heavily than any other, and alimony is a difficult thing for any lawyer to accurately predict.

    What is Rehabilitative Alimony?

    Rehabilitative alimony is the most commonly awarded type of alimony in Maryland. This is short-term support that is designed to support a dependent spouse while they take the necessary steps to become self-supporting. The objective is to provide for the supported spouse as they gain the experience, education, training, or skills they need to become financially independent. Unlike permanent alimony, this type of support is limited in duration and has a specific end date.

    What is Indefinite Alimony?

    Indefinite alimony in Maryland has no end date. It is typically awarded in cases where a spouse cannot reasonably become self-supporting due to disability, physical or mental illness, or advanced age. This type of alimony is meant to address financial disparity and help ensure the financially dependent spouse does not suffer economic hardship after the divorce.

    Indefinite alimony can be modified in the event there is a substantial change in the financial circumstances or financial need of either spouse, or terminated upon the death or remarriage of the recipient spouse. Although indefinite alimony is less commonly awarded than rehabilitative alimony, it is an important safeguard to prevent long-term financial hardship.

    When is Temporary Alimony in Maryland Awarded?

    Not to be confused with rehabilitative and indefinite alimony in Maryland, which are awarded post-divorce, temporary alimony is support that is awarded to a lower-earning spouse while the divorce proceedings are ongoing. Also referred to as pendente lite alimony, it is meant to help maintain the financial status quo between spouses before the divorce is finalized. Temporary or pendente lite alimony ends once the divorce decree is issued, at which time rehabilitative or indefinite alimony may be awarded.

    How is Rehabilitative and Indefinite Alimony in Maryland Calculated?

    Alimony in Maryland is not determined by a fixed mathematical formula. Rather, courts consider a number of factors to calculate the amount of spousal support that should be awarded. While the factors that are evaluated may vary depending on the facts of the case, they can include the following:

    • The recipient spouse’s ability to become self-supporting
    • How long would it take the recipient spouse to gain education and employment
    • The prior standard of living during the marriage
    • The duration of the marriage
    • Each spouse’s monetary and non-monetary contributions to the family
    • The circumstances surrounding the divorce
    • The age and physical/mental health of each party
    • Each spouse’s financial needs and resources
    • Any valid prenuptial or postnuptial agreements addressing the issue of alimony

    Alimony is a highly individualized determination in Maryland, with judges focusing on achieving an equitable financial outcome. Since the court has a considerable amount of discretion when it comes to awarding alimony and determining the amount, it’s often best for spouses to negotiate the matter between themselves.

    Using Alternative Dispute Resolution to Determine Alimony

    Spouses are not required to seek judicial intervention regarding the issue of alimony in Maryland. You and your spouse have the power and information required to negotiate the issue of alimony, including the amount to be paid and all other relevant terms outside of court. Specifically, mediation and the collaborative process can be used to help spouses communicate their specific needs and reach a creative resolution that might not be available in the courtroom. These options can allow spouses to remain in control of their case by crafting a tailored agreement, rather than allowing a judge to decide how much alimony to award.

    Alternative dispute resolution can also significantly reduce the time and expense that is often associated with litigating the issue of alimony. By focusing on compromise and cooperation, these out-of-court methods can also promote amicability between spouses, which is essential when there is a desire to create and promote a positive co-parenting relationship. In addition, the agreement reached in mediation or the collaborative process can offer a level of customization that provides a more durable resolution, reducing the likelihood of future disputes.

    Contact an Experienced Maryland Divorce Attorney

    If alimony is an issue in your divorce case, it’s crucial to have knowledgeable counsel by your side to ensure your rights and financial interests are protected. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys provide skilled representation for matrimonial matters, including those involving alimony. Our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation. To schedule a confidential consultation, call us at (240) 652-2596">(240) 652-2596 or contact us online.

    Alimony in Maryland: Understanding Rehabilitative vs. Permanent Support
  • If you are the non-custodial parent, you may be wondering what your rights are when it comes to your child’s medical and educational records. Even if you do not live with your child or share legal custody, you still have a right to be informed about your child’s health and schooling. Critically, Maryland law provides clear guidelines regarding a non-custodial parent’s rights to access a child’s medical and educational records. It’s important to understand your rights as a non-custodial parent and know what steps you can take if you are denied access to this important information.

    Key Takeaways

    • Under Maryland law, a non-custodial parent generally has the right to inspect and review their child’s medical and educational records, regardless of the custody arrangement, and unless a court order states otherwise.
    • Maryland’s Family Code explicitly states that a parent cannot be denied access to their child’s medical records and school-related information solely because they do not have physical custody.
    • Healthcare providers and schools are permitted to require the non-custodial parent to provide a copy of the current court order to verify that the legal right to access the records remains intact.

    Who Gets to Make Medical and Educational Decisions?

    If a child’s parents no longer live together, there are a few different child physical custody arrangements that may be followed. Parents may share either physical or legal custody, or both. Alternatively, either physical or legal custody may be sole and belong only to one parent. While physical custody refers to which parent the child lives with, legal custody has to do with who makes important decisions about the child’s welfare, medical care, education, and religious upbringing.

    Parents who are divorced can decide on a custody arrangement between themselves. In the event parents cannot reach a custody agreement, a court would render a ruling based upon the “best interests of the child” standard. If parents were never married, paternity must first be established before a father can seek parental or custodial rights.

    Non-Custodial Parent Medical Rights

    Regardless of physical custody arrangement, a non-custodial parent typically has the right to see their child’s medical records. Even if one parent has sole legal and medical decision-making custody, the non-custodial parent generally still has the right to be informed about their child’s healthcare and well-being. However, a provider may require a copy of the current court order to verify that the non-custodial parent's medical rights remain intact and to confirm that the parent can legally access the child-related information.

    Non-Custodial Parent Rights to Education Records

    Maryland law specifically provides that if parents are divorced, separated, or otherwise living apart, both the custodial and non-custodial parent have the right to inspect and review their child’s educational records and any school-related information provided to the custodial parent.

    What is school-related information? Md. Code Regs. 13A.08.02.30 defines “school-related information” as:

    • Documents, which are regularly provided to the custodial parent at school meetings, by mail, or those that are sent home with the child;
    • Statements regarding student and parent rights and responsibilities;
    • School newsletters and school calendars;
    • Notices of parent conferences, open houses, and plays; and
    • Student records provided to the custodial parent, including report cards, disciplinary records, and special education notices.

    The statute allows a school to require the non-custodial parent to pay a reasonable fee to obtain duplicate copies of the school-related information provided to the custodial parent. It also permits the school to require the non-custodial parent to sign an agreement that they will reimburse the school at the end of the school year for the costs of copying and mailing the documents. These fees can be waived if a non-custodial parent files a notarized statement that they cannot afford to pay them.

    If the custodial parent files a court order with the school that specifies the non-custodial parent may not have access to the child’s records or school-related information, disclosure may not be made to the non-custodial parent.

    Can a Non-Custodial Parent Be Denied Access to Their Child’s Medical and Educational Records?

    Under Maryland law, a parent may not be denied access to a child’s medical records just because they do not have physical custody. Specifically, Md. Ann. Code, Family Law Article § 9-104 states:

    Unless otherwise ordered by a court, access to medical, dental, and educational records concerning the child may not be denied to a parent because the parent does not have physical custody of the child.

    A parent does not need to have legal custody of the child to access the child’s medical and educational records. As long as parental rights have not been terminated by court order, the statute generally allows a non-custodial parent to request and view these records. However, if a medical provider has a reasonable belief that a child has been subjected to abuse or neglect by a parent, then the provider may deny that parent access. A non-custodial parent may also need to present the provider or school with a copy of the current court order to show their parental rights remain intact.

    What Can You Do If You’ve Been Denied Access to Your Child’s Records?

    If you’ve been denied access to your child’s medical records or school-related information, there are some crucial steps you can take. First, ensure the healthcare provider or educational institution has a copy of the court order currently in place. If there is no protective order or court order that restricts your rights, the entity must provide the records. Ensure each request is in writing, and you document every time it has been denied.

    In a situation where a custodial parent interferes with access to your child’s medical or school-related information, when the issue cannot be resolved, it may be necessary to file an enforcement motion in court. However, mediation can often offer a more cost-effective and efficient method of resolving custody-related disputes in a timely manner and without resorting to litigation. Another viable solution may be the use of a co-parenting app with a feature that allows medical and academic information to be stored and shared easily, with access to both parents, and without the need to communicate directly.

    Contact an Experienced Maryland Divorce and Family Law Attorney

    If you are facing an issue related to child custody or have questions regarding a non-custodial parent’s rights and access to school and medical records, it’s essential to have a compassionate and knowledgeable family law attorney who can best advise you and advocate for your rights. At the Law Office of Shelly M. Ingram, we are committed to working tirelessly on behalf of our clients and helping ensure the best interests of their children are met. Our Maryland family lawyers are trained in collaborative divorce, mediation, and litigation strategies and are dedicated to helping our clients resolve parenting and custody disputes amicably whenever possible. Contact us today or call (240) 652-2596">(240) 652-2596 to talk to a divorce attorney about your case or schedule a mediation.

    Do Non-Custodial Parents Have Rights to Their Children’s Medical and Educational Records?