What is temporary alimony?

Temporary alimony is a monetary amount that a court may award before a divorce is finalized. It is often known as “pendente lite alimony" and the goal is to keep the financial status of the party who is seeking it status quo during the pendency of the divorce case. It is usually awarded in the early stages of the divorce process. The court considers several factors in determining whether to award temporary alimony including having to determine what the parties financial needs are and the other party’s ability to pay temporary alimony. Even if the court awards a party temporary alimony at a pendente lite hearing, it does not necessarily mean that the court will award alimony once the parties obtain an absolute divorce.

If you are considering filing for divorce, you should understand how alimony could impact your case. Alimony can have a significant impact on your life and how you move forward. If you have any questions, please call (443) 741-2567 and we would be happy to meet with you to discuss your options.

If you are going through a complex family law case, you may be surprised to learn that the use of an expert witness may be necessary at trial. The use of an expert witness may be of extreme importance in highly contested child custody cases, alimony cases, and/or marital property division matters (which include business valuation cases). An expert witness can help you prove the facts of your case.

You may be asking how does the court decide if an expert witness’s testimony is admissible or inadmissible? The trial judge has to assess whether that expert witness’s scientific testimony is based on scientifically valid reasoning that can properly be applied to the facts at issue. This standard comes from the seminal case, Daubert v. Merrell Dow Pharmaceuticals Inc. 509 U.S. 579 (1993). Under the Daubert standard, the factors that may be considered in determining whether the methodology is valid are: 

1. Whether the theory or technique in question can be and has been tested;

2. Whether it has been subjected to peer review and publication;

3. Its known or potential error rate;

4. The existence and maintenance of standards controlling its operation; and

5. Whether it has attracted widespread acceptance within a relevant scientific community.

An expert’s opinion will be inadmissible if their testimony is not a result of reliable methods based on the above-listed criteria. It is your burden to prove that the expert’s testimony is not junk science and should be heard as substantive testimony. Due to the complexity of these matters, it is imperative that you have an experienced attorney who can handle your case. Ms. Kurtom is experienced in handling cases involving either the use of expert witness or disqualifying them for their failure to meet the above criteria. Give us a call today at (443) 741-2567 and we would be happy to discuss your case with you.

Contempt of court matters can only be filed after the court has already issued a court order outlining what each party must do in their divorce, child custody, and/or child support matter. In Maryland, if someone does not comply with a court order for child or spousal support, they can be found in contempt of court. Md. Code, Family Law § 11-110 specifically sets out the courts powers which include imprisonment of the nonpaying party. However, if the nonpaying party can prove that they are not able to pay, jail will probably not be the result.

Violating a court-ordered custody and visitation schedule can also result in contempt of court. If a party is denying or interfering with the other parent’s custodial time with out justification, the court may find that person to be in contempt of court. The court will either order make-up time or modify the existing court order make sure everyone complies with it in the future.

In any contempt matter, the court may order attorneys fees against the other party if they are found to be in contempt. Contempt of court is a powerful and necessary tool that enables the aggrieved party to file an action with the court and seek the court’s intervention. It is important to note that contempt of court matters require evidence. The more evidence that you have to prove that the other party is unjustifiably disregarding the court order, the higher your chances of success you will have. To learn more about contempt matters or if you would like to discuss your case with us, please call us at (443) 741-2567 and we would be happy to discuss your case with you.