People often seek to put distance between themselves and their ex-spouses. After a painful and bitter divorce, it can be quite tempting to move to a new town or leave the state. Perhaps this feels like a way to get a “fresh start” or “new beginning.” Unfortunately, there are some serious considerations you may want to think about before making the leap.
At the Law Offices of Todd K. Mohink, P.A., we take pride in not just advising our clients on the legal ramifications of their decisions, but also working closely with them to better their lives. Call today if you are having trouble with a family law matter.
A divorce court judge is going to be protecting the “best interests of the child” during your divorce. This usually means trying to minimize all the changes and keep the child in his or her own home, school, and around close relatives. If you and your spouse have established a life in the local community, a judge may be reluctant to let you move out of state with the child. This means in some cases, a custodial parent may have to alter the arrangement in order to move.
A 2011 Legislative Report clarifies that sometimes there are difficult logistic challenges, especially where divorced parents may reside in different school districts or one tries to move out of state. In these cases, a court is primarily concerned with reducing stress and impact on minor children.
Whether you have children or not, alimony and structured property division orders can have an effect on your federal and state tax liability. Are you considering a move to a state without income tax? Or are you thinking about moving to a state with higher income taxes? Will you be selling the marital home in Maryland and purchasing a home in a state where the cost of living is lower? How will this affect your financial picture? Will the move mean you or your spouse may be in a position to seek modification of a prior court order, such as maintenance (alimony) or child support?
Before you take the leap, it’s very smart to consult a family law attorney here in Maryland to review and interpret your divorce decree and other documents for complications and potential obstacles.
In general, jurisdiction for enforcing a divorce, custody, or other family court order belongs to the court that entered the order. If you divorced in Anne Arundel County, Maryland, then that would be the appropriate court for petitioning for modification of support or custody orders. If you relocate to another state, you may still have to return to Maryland to enforce or modify orders long after your divorce. While this should not be the biggest concern, you should at least be aware that your new state of residence will likely not have jurisdiction to hear cases that may arise post-divorce.
Some attorneys have become hyper-focused on specific practice areas in recent years. While this may be good in some situations, many clients prefer knowing they can count on a trusted family attorney who can handle all their needs, ranging from divorce and custody disputes to criminal defense or personal injuries. We are a full-service law firm, devoted to helping our clients achieve their goals effectively, efficiently, and with as little stress as possible. Contact us at the Law Offices of Todd K. Mohink, PA in Maryland if you need legal help.
7310 Ritchie Highway, Suite 910
Glen Burnie, MD 21061
30 Corporate Center
10440 Little Patuxent Parkway,
Columbia, MD 21044