Family Law Lawyer Rockville, MD
If you’re involved in a divorce or legal separation process and have been ordered to pay child support payments by the court, it’s likely that you have some questions. Whether you are struggling to meet your current monthly payment obligations or looking ahead to making future payments once you’ve remarried and had another child, we recommend asking your attorney these questions: When should I be receiving my child support payment? What happens if I can’t afford my full monthly payment? You can also ask how child support works with tuition for your children: the answer to whether or not you have to pay child support if you are paying tuition depends on how many days per year your children attend school. If they do not go at all during any given week, then you are not necessarily responsible for paying it.
Rockville Family Law Lawyer
- Will A Criminal Record Affect My Custodial Rights?
- Rockville Family Law Statistics
- How Can I Get My Children Out Of Foster Care?
- Contact Rockville Family Law Attorney
- 7 Ways You Could Be Forced to Pay Child Support
- Rockville Family Law Infographic
- Child Support FAQs From A Family Law Lawyer
- What are some questions I should ask before hiring a family law attorney?
- What happens if the other parent isn’t paying their court-ordered child support payment?
- How can I get someone to start making court-ordered payments if they aren’t doing so already?
- How do you calculate back payments of unpaid child support?
- Rockville Family Law Attorney Google Reviews
- Law Office Of Daniel Wright
Will A Criminal Record Affect My Custodial Rights?
If you have a criminal record, you may be concerned that your past will prevent you from having custody of your child. This is a legitimate concern because child custody proceedings can be complicated and even well-meaning parents can become vindictive. Not to mention, some judges may have a hard time believing that it is in your child’s best interest to be around you if you have a criminal record. If you’re fearful of losing, not gaining, or suffering a reduction in custody because a jury found you guilty of a crime, speak with the best family law lawyer Rockville MD has to offer.
The Supreme Court held that courts can’t strip parents of their custodial rights without Due Process under the 14th Amendment. Therefore, child custody is your right unless extreme circumstances occur that conclude your involvement with your child is not in the child’s best interest. Family law judges will always consider the “best interest” standard above your personal desires.
When deciding what’s in a child’s best interest, a family law judge can consider:
- Whether you have a history of violence
- Whether you have a history of abuse or neglect towards any child
- Whether a court has convicted you of child abuse or child neglect
- Whether you must register as a sex offender
- Whether you have a history of substance use disorder
- Whether you have a history of mental health disorder(s)
- Whether you’re active in the child’s life
- Whether you regularly meet scheduled visits with the child
- Whether you regularly meet court-ordered child support payments, if applicable
- Whether you voluntarily signed away your rights as a parent and more.
As you can see, judges review several factors. Any criminal history, even if it was years ago, will be one of those factors. However, having a criminal record doesn’t mean that you’re a danger to your child. Hiring skilled and reputable lawyers at The Law Office of Daniel J. Wright is a wise decision. Our team knows how to craft excellent arguments as to why you’re of fit and sound mind to be around your child and why keeping your child away from you is not in your child’s best interest.
If You Had An Order of Protection Against You in the Past…
If you’ve had an order of protection filed against you in the past and are seeking custody, it’s unlikely that your desire to have custody will be approved. An order of protection is considered to be prima facie evidence that you cannot safely care for children. If, however, there has been no abuse since your order of protection was issued and/or any charges have been dropped or dismissed against you, then there should be no problem when it comes to pursuing custodial rights. The key is making sure that any issues from your past stay in your past.
What About Other Crimes, Such as Domestic Violence Charges (or Orders of Protection)?
Just because someone has no criminal record or only minor offenses, it doesn’t mean they’re safe from having their custodial rights stripped. If you are charged with any crime involving domestic violence or an order of protection is issued against you, don’t assume you can still maintain custodial rights to your children. In fact, in some states if there is an open case against you involving these types of crimes it could be grounds for termination of your parental rights altogether. Before jumping to conclusions about what will happen to your case as soon as charges are filed, consult with a lawyer that specializes in family law and understands how state laws apply to custody issues.
Criminal Conviction Affecting Your Child Custody Case Even Though the Offense Was Not Related to Your Parenting Ability
Many parents are faced with criminal accusations or criminal convictions that have not only a direct impact on their ability to parent, but can also affect their child custody case. But does having a criminal record affect your child custody case? The answer is it depends. A lot of judges will take into consideration whether or not there is any relation between your criminal conviction and your ability to parent effectively. To protect your rights as a parent you should speak with an experienced family law attorney. This can help you build up your chances of getting sole physical and legal custody over your children rather than giving joint-custody or even putting you at risk for having limited visitation time with them.
How to Keep Your Custody and Visitation Rights, Even if You Have Been Arrested or Charged with a Crime
Many people in Rockville Maryland hire an attorney after they have been arrested or charged with a crime. Some of them want to know if their custody and visitation rights will be taken away. The short answer is that it depends on what you were arrested for, but many times having an arrest on your record will not affect your custody and visitation rights. Just because you have been arrested or charged with a crime does not mean that you will lose your right to visit with your children or share in decision making when it comes to important decisions about things like where they go to school and what activities they participate in. Even if there are reasons why you may wish to terminate parental rights, an arrest alone is unlikely to warrant doing so unless you were accused of something very serious such as child abuse or neglect. Talk to our family law lawyer in Rockville Maryland today if you need help!
Rockville Family Law Statistics
According to the CDC, in the state of Maryland there were approximately 9,879 divorces in 2021, or 1.6 divorces for every 1000 people.
How Can I Get My Children Out Of Foster Care?
If you want to get your child out of foster care, you’ll need to work with knowledgeable family law lawyers in Rockville MD who have experience handling such matters. The best way we can give you advice is if you contact us and tell us the unique circumstances of your hardship. Until then, there are some general tips that are essential for you to know.
- Making every or most scheduled visitation appointment shows your commitment to regaining custody and builds a relationship of trust between you and your child.
- Getting and maintaining a job shows your maturity and ability to provide for your child’s basic needs. It’s always preferable that you get a job that pays well and offers insurance packages that your child can benefit from, such as health, vision, and dental insurance.
- Attending rehabilitation for a substance use disorder shows your commitment to providing a safe, stable environment for your child.
Contact Rockville Family Law Attorney
7 Ways You Could Be Forced to Pay Child Support
A family law lawyer Rockville MD families trust may tell you that if the court has ordered you to pay child support, you are expected to pay in full and on time. Otherwise, you could suffer harsh consequences. The legal system takes it seriously when parents do not pay their child support and may take extreme measures to collect. Here are seven ways you could be forced to pay child support, especially without the legal assistance of a family law lawyer Rockville MD locals recommend:
1. Wage Garnishment
One of the most common ways the court collects unpaid child support is through wage garnishment. If you are currently employed and have not been making your child support payments, the court could take a large chunk out of every paycheck. The court does not even have to issue a judgment to collect this debt. Wage garnishment could have a severe impact on your finances. You may have trouble paying your rent, utilities, and other expenses.
2. Driver’s License Suspension
The court can also choose to suspend your driver’s license for not paying child support. As you can imagine, this will make it difficult to get to work and other important places. You will have to rely on family and friends to give you rides. This measure is used to prevent you from running and motivate you to show up to court.
3. Frozen Bank Accounts
Your checkings and savings accounts can also be frozen if you haven’t been making your child support payments. You won’t be able to access any of your money, making it extremely difficult to pay your rent and other bills.
4. No Tax Refunds
Many people look forward to getting their tax refund every year. They may use that money pay off debt or put it towards a family vacation. However, if you are behind on your child support payments, it’s unlikely that you will be getting a tax refund. The court will use the refund toward your unpaid child support debt.
5. Lien Against Property
If you own a house or other property, a lien can be placed against it if you fail to pay child support. You won’t be able to borrow against your property anymore. Talk to a family law lawyer Rockville MD parents turn to from Law Office of Daniel J. Wright to discover your options.
6. Ruined Credit
If you accumulate too much child support debt, it will be reported to credit bureaus and your credit rating will take a major hit. With a lower credit score, you may have difficulty renting an apartment, getting approved for loans, and even getting charged higher insurance premiums.
7. Jail Time
In the worst-case scenario, not paying child support can result in time behind bars. If the court determines that you have willfully not paid child support, they may sentence you to time in jail. Be sure to immediately contact a family law lawyer Rockville MD community members rely on in order to protect your rights.
Rockville Family Law Infographic
As you can see, there are many consequences to not paying child support. That’s why you should try your best to always make your payments on time. If you are having trouble making your child support payments, you should contact a family law lawyer in Rockville MD. Daniel J. Wright may be able to help you get your payments reduced. Call the Law Office of Daniel J. Wright at 301-760-3387 to speak with an experienced family law lawyer Rockville MD offers.
Child Support FAQs From A Family Law Lawyer
1) What questions should I ask before hiring an attorney?
- How many years of experience do you have practicing law?
- How much experience do you have handling my type of case?
- What would be your approach to resolving my issue or case?
- How often do you communicate with clients?
- How will I know what is going on with my case and how long will it take to resolve it?
2) What happens if the other parent isn’t paying their court-ordered child support payment?
If your ex is not paying their court-ordered child support payments you should speak with an attorney as soon as possible. There are steps that can be taken to collect payment and other options you may have depending on your individual circumstances. Sometimes people do not understand that living with their kids does not equal shared custody. Unfortunately, many people confuse parenting time with shared custody. Parenting time is when one parent has physical custody of their children for part of each year and another parent has physical custody for another part of each year.
3) How can I get someone to start making court-ordered payments if they aren’t doing so already?
If someone is not paying, they could possibly be forced to pay back owed past-due child support. Some states have statutes that require a parent to pay back owed past-due child support to their ex-spouse. One option you have is to get an Order for Support signed by a judge. This court order has instructions that require your spouse or partner to pay you directly. If they fail to follow through with their obligations, they can be held in contempt of court.
4) How do you calculate back payments of unpaid child support?
There are three ways to calculate back payments of unpaid child support. Depending on your particular situation, one of these methods will likely be more advantageous than another.
1) The first method is called income shares and it uses a formula that divides both parents’ income by their combined number of children, which then determines how much each parent should pay in child support.
2) The second method for calculating back payments of unpaid child support involves estimating what each parent would have paid if they had been paying according to income shares.
3) The third method for calculating back payments of unpaid child support is based on actual expenses incurred by either party during those years when no payment was made.
If you are facing a custody battle, contact one of our family law attorneys today for help.
Law Office Of Daniel Wright Rockville Family Law Lawyer
20 Courthouse Sq UNIT 212, Rockville, MD 20850
Rockville Family Law Attorney Google Reviews
“I went to Mr. Wright for a modification of custody and visitation. Mr. Wright was extremely professional, responsive, charismatic, knowledgeable, prompt, and assertive. I was awarded partial custody and given proper visitation with my son after not being able to see him for over a year due to parental alienation. Mr. Wright assured me he could help me achieve my desired results and he absolutely kept his word. Watching him work the courtroom was an absolute joy, he knew his stuff. He gave me the best gift anyone could ever ask for helping me get reunited with my son. I am beyond grateful to Mr. Wright for everything .” – Danielle W.
“Attorney Dan Wright is one of the best lawyers in Maryland. He has litigated and won many trials in the District and Circuit Court. He has years of experience and works extremely well with clients. I have worked with Dan on many cases and would do so again every chance I get.”
Manuel Machin, Esq.