Custody and Divorce Legal Terms

 

Divorce & Child Custody Legal Terms used in The State Of Maryland

 

Maryland Annotated Code at Section 12-201(g)

The Maryland Child Support Guidelines

 Ordinary and necessary expenses:

“Ordinary and necessary expenses” does not include amounts allowable by the Internal Revenue Service for the accelerated component of depreciation expenses or investment tax credits or any other business expenses determined by the court to be inappropriate for determining actual income for purposes of calculating child support.

(b)      (1)      “Actual income” means income from any source.

(2)      For income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership or closely held corporation, “actual income” means gross receipts minus ordinary and necessary expenses required to produce income.

(3)      “Actual income” includes:

(i)      salaries;

(ii)      wages;

(iii)      commissions;

(iv)      bonuses;

(v)      dividend income;

(vi)      pension income;

(vii)      interest income;

(viii)      trust income;

(ix)      annuity income;

(x)      Social Security benefits;

(xi)      workers’ compensation benefits;

(xii)      unemployment insurance benefits;

(xiii)      disability insurance benefits;

(xiv)      for the obligor, any third party payment paid to or for a minor child as a result of the obligor’s disability, retirement, or other compensable claim;

(xv)      alimony or maintenance received; and

(xvi)      expense reimbursements or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business to the extent the reimbursements or payments reduce the parent’s personal living expenses.

A MENSA ET THORO:

from bed and board. A divorce a mensa et thoro, is rather a separation of the parties by act of law, than a dissolution of the marriage. It may be granted for the causes of extreme cruelty or desertion of the wife by the husband. 2 Eccl. Rep. 208. This kind of divorce does not affect the legitimacy of children, nor authorize a second marriage. V. A vinculo matrimonii; Cruelty Divorce.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.

A VINCULO MATRIMONII

Latin. ‘from the bond of marriage’. A marriage may be dissolved a vinculo, in many states, as in Pennsylvania, on the ground of canonical disabilities before marriage, as that one of the parties was legally married to a person who was then living; impotence, and the like adultery cruelty and malicious desertion for two years or more. In New York a sentence of imprisonment for life is also a ground for a divorce a vinculo. When the marriage is dissolved a vinculo, the parties may marry again but when the cause is adultery, the guilty party cannot marry his or her paramour.

Legal separation

(sometimes “judicial separation”, “separate maintenance”, “divorce a mensa et thoro“, or “divorce from bed-and-board”) is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order.

Furthermore, in cases where children are involved, a court order of legal separation often makes temporary arrangements for the care, custody, and financial support of the children (“for the time being”). Thus, part of the court order determines child custody. Some couples obtain a legal separation as an alternative to a divorce, based on moral or religious objections to divorce.

Legal separation does not automatically lead to divorce. The couple might reconcile, in which case they do not have to do anything in order to continue their marriage. If the two do not reconcile, and they wish to proceed with a divorce, they must file for divorce explicitly.

 

Guardian ad Litem – A Child’s Advocate in Court

A guardian appointed by the court to represent the interests of Infants, the unborn, or incompetent persons in legal actions.

Guardians are adults who are legally responsible for protecting the well-being and interests of their ward, who is usually a minor. A guardian ad litem is a unique type of guardian in a relationship that has been created by a court order only for the duration of a legal action. Courts appoint these special representatives for infants, minors, and mentally incompetent persons, all of whom generally need help protecting their rights in court. Such court-appointed guardians figure in divorces, child neglect and abuse cases, paternity suits, contested inheritances, and so forth, and are usually attorneys.

The concept of guardian ad litem grew out of developments in U.S. law in the late nineteenth century. Until then, the Common Law had severely restricted who could bring lawsuits in federal courts; it was easiest to sue in states through Equity courts. Changes in the 1870s relaxed these standards by bringing federal codes in line with state codes, and in 1938, the Federal Rules of Civil Procedure removed the old barriers by establishing one system for civil actions. Rule 17(c) addresses the rights of children and incompetent persons in three ways. First, it permits legal guardians to sue or defend on the behalf of minors or incompetent individuals. Second, it allows persons who do not have such a representative to name a “next friend,” or guardian ad litem, to sue for them. And third, it states that federal courts “shall appoint a guardian ad litem for an infant or incompetent person not otherwise represented in an action or shall make such other order as it deems proper for [his or her] protection.” In practice, the courts have interpreted this last provision broadly: the term infants is taken to mean unborn children and all minors. In addition, courts can exercise discretion; they are not required to appoint a guardian ad litem.

 

Marriage Licence State of Maryland

FAMILY LAW
TITLE 2 – MARRIAGE
Subtitle 4 – Licensing and Performance
Section 2-401 – License required; penalty.
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§ 2-401. License required; penalty.

(a) License required.- An individual may not marry in this State without a license issued by the clerk for the county in which the marriage is performed.
(b) Penalty.- Any individual who violates this section is guilty of a misdemeanor and on conviction is subject to a fine of $100.

[An. Code 1957, art. 27, § 395; art. 62, § 4; 1984, ch. 296, § 2.]

 

in flagrante delicto

Definition of IN FLAGRANTE DELICTO

1
: in the very act of committing a misdeed : red-handed
2
: in the midst of sexual activity

Origin of IN FLAGRANTE DELICTO

Medieval Latin, literally, while the crime is blazing

First Known Use: 1772

 

Are You Entitled To A Maryland Divorce?

What Entitles You To Grounds For Divorce in Frederick Maryland?

 

Disclaimer: These codes may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

 

Timothy Conlon, Esquire for

The Custody Place

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