301.340.9090

What’s in a Name?

Volume 3

The 2016 Maryland General Assembly session ended on April 11, 2016 and with it ended House Bill 1183 – Family Law – Divorce – Restoration of Former Name. Although it passed the House with amendments, it died in Senate Judicial Proceedings Committee. As amended, HB1183 would have allowed a person to seek restoration to his/her former name upon request within 18 months after the divorce is granted. Perhaps HB1183 will be reintroduced in the 2017 Session with more momentum.

Under current law (Family Law Article §7-105), the court shall restore a spouse to his/her birth name or any former name the party wishes to use at the time of the divorce. So, the request for restoration to a birth or former name must be made before or at the divorce hearing and granted at the time of the divorce – not after. A person wishing to change his/her name after the divorce will still be required to go through a
formal name change. Please see Volume 1 and Volume 2 for more discussion.

By: Lindsay Parvis

Vincent Wills to present at Divorce Roundtable Workshop

Vincent Wills, a partner in the law firm, will be speaking at a workshop titled “Protecting Children’s Mental Health and Well-Being in Separation and Divorce”, presented by The Divorce Roundtable of Montgomery
County. Mr. Wills, along with other co-presenters, will discuss “the voice of the child” as it pertains to children and the parents’ divorce proceeding. The workshop will take place on Friday, May 13, 2016.

Lindsay Parvis Published in Maryland Domestic Law Report

The Maryland Domestic Law Report’s March edition featured an article authored by Lindsay Parvis: Automatic Injunction Bill Fails in Legislature...For Now. Lindsay was part of a sub-committee of the MSBA’s Family & Juvenile Law Section Committee that studied injunctive relief type legislation for the last two years. The article discusses the five most common types of injunctive relief, which were identified from surveying 26 states that provide injunctive relief, specifically in family law matters. The article goes on to discuss current “emergency relief” procedures in Maryland jurisdictions and how Injunctive relief legislation may provide consistency and timely relief.

For inquiries please contact the Maryland Domestic Law Report at (703) 212-4833

Heather Collier and Erik Arena Recently Spoke at Program on Child-Related Tax Issues

On February 25, 2016, Heather Collier, Erik Arena, and tax attorney Eric Rollinger of Stein, Sperling, Bennett,
De Jong, Driscoll, PC, spoke before the Family Law Section of the Bar Association for Montgomery County, Maryland, on the topic: “Child-related Tax Issues—What are they and what do you do with them?” The program was well attended by local family law attorneys and covered a number of tax issues related to filing status(es), dependency exemptions, and child-related tax credits and deductions. Both Heather and Erik were pleased to share with their fellow colleagues their knowledge and insights concerning how these
issues are frequently addressed in settlement negotiations and at trial.

What’s in a Name?

Volume 2

In the 2016 Session of the Maryland General Assembly, House Bill 1183– Family Law – Divorce – Restoration of Former Name would allow a spouse to request that she or he be restored to a former name (usually a family last name) not only at the time of the divorce but also upon request after the divorce.  This would not require a spouse to go through the formal name change process after the divorce is granted.  If passed, this would save time, money, and steps for ex-spouses who want to resume official use of a family name after the divorce and at a time that works best for him or her.

Lindsay Parvis Published in Maryland State Bar Association’s Bar Journal

The Maryland State Bar Association’s March/April Bar Journal featured an article co-authored by Lindsay Parvis:  The Commission on Child Custody Decision-Making - From Theory to Practice*.  Lindsay served on the Commission’s Court Process Subcommittee, heading a workgroup on Unmarried Parents.  The article focuses on the need for a parenting statute in Maryland and how the Commission’s model statute fills that need.  This article discusses the findings and recommendations of the Commission, as well as the need for a shift in thinking about the “best interests” of children of separate parents and in contested custody litigation.

 

Lindsay Parvis testifies at the Maryland General Assembly

On March 15, 2016, Lindsay Parvis testified on behalf of the Family & Juvenile Law Section of the MSBA at a Senate Judicial Proceedings Committee regarding the following bill:

SB978:  Child Custody – Legal Decision Making and Parenting Time

Bill:  http://mgaleg.maryland.gov/2016RS/bills/sb/sb0978F.pdf

Synopsis:  Repealing references to the terms "child custody" and "visitation" and substituting the terms "legal decision making" and "parenting time" in specified instances; authorizing the court to consider how best to promote stability and long-term health and welfare for children; requiring the court, in determining the appropriate allocation of legal decision making or parenting time between the parties, to consider the ability of the parties to meet the child's developmental needs and create family parenting time schedules; etc.

Lindsay Parvis testifies at the Maryland General Assembly

On March 9, 2016, Lindsay Parvis testified on behalf of the Family & Juvenile Law Section of the MSBA at a House Judiciary Committee Hearing regarding the following bills:

HB1232: Child Custody – Legal Decision Making and Parenting Time

Bill: http://mgaleg.maryland.gov/2016RS/bills/hb/hb1232F.pdf

Synopsis: Repealing references to the terms "child custody" and "visitation" and substituting the terms "legal decision making" and "parenting time" in specified instances; authorizing the court to consider how best to promote stability and long-term health and welfare for children; requiring the court, in determining the appropriate allocation of legal decision making or parenting time between the parties, to consider the
ability of the parties to meet the child's developmental needs and create family parenting time schedules; etc.

Child Support and the Age of Majority

In the 2016 legislative session, a bill has been introduced to extend the age of majority for child support
purposes to age 22 in certain circumstances:

HB677 / SB1100: Family Law – Child Support – Age of Majority – Postsecondary Education

Bill: http://mgaleg.maryland.gov/2016RS/bills/hb/hb0677F.pdf

Synopsis: Providing that an individual who has attained the age of 18 years and is enrolled for at least 12 hours of credit in an institution of postsecondary education has the right to receive support and maintenance from both of the individual's parents until the individual dies, marries, is emancipated, graduates from or is no longer enrolled for at least 12 hours of credit in an institution of postsecondary education, or attains the age of 22 years.

Vincent M. Wills Interviewed by the Maryland Daily Record

Vincent M. Wills, a partner at DHHW, was recently interviewed by the Maryland Daily Record about Electronically Stored Information (ESI) and the impact ESI may have on family law cases. Although ESI
has been around for many years, the practices and standard of care surrounding ESI discovery are still developing in the state of Maryland. Mr. Wills is quoted in the Maryland Daily Record as saying “We’re trying to define what the best practices are [regarding ESI]. Right now, when we get a request for production of documents, they might ask for emails, Facebook pages, other forms of social media, and what most people are doing now is they’re going to the emails and they’re printing them out. With ESI, the trend – the way it’s being done in other states and how I imagine it’s going to be done in the future – is that people want the native data, the native format, the metadata.”

Disclaimer

Transmission or viewing of this website is not intended to create, nor does it constitute, an attorney-client relationship between the viewer and Dragga, Hannon & Wills, LLP.

This web site has been created for general informational purposes only. You should not consider the contents of this website as legal advice or legal opinion. The material contained in this site is intended to be current, complete and up-to-date, but it is not promised or guaranteed to be so. Each case is different, and the past record of the Firm's successes, and those of its attorneys, is not a guarantee of a favorable result in any future case. We will, however, devote our full attention to your case. You should not act or rely on any information contained in this site without first seeking advice of counsel.

Individuals should not contact Dragga, Hannon & Wills, LLP electronically until a formal agreement has been reached between the party and the Firm to handle a particular matter. Do not send confidential or sensitive information. Email may not be secure, and there is a risk that your communication could be illegally intercepted. Do not send us information until you speak with one of our lawyers and get authorization to send that information to us.

This website is maintained at the offices of Dragga, Hannon & Wills, LLP in Rockville, Maryland. It is for general information purposes only, is not intended as advertising, and neither solicits business nor offers legal advice. Attorneys at Dragga, Hannon & Wills do not seek to practice law in any state, territory or foreign country where they are not authorized to do so. The attorney biography page indicates all states and districts in which our attorneys are licensed to practice. Please direct your comments and questions to our office at 301-340-9090.