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The Importance of Cohabitation Agreements: Protecting Your Relationship and Assets
More couples are choosing to cohabitate before or instead of getting married, creating an increased need for legal protections and agreements tailored to their unique circumstances. Cohabitation agreements are legal contracts that establish the rights and responsibilities of each partner in a cohabiting relationship. While discussing legal matters may not be the most romantic aspect of a relationship, it is a practical and necessary step to safeguard both partners' interests and assets.
Understanding Cohabitation Agreements
A cohabitation agreement is a legally binding contract between two individuals who live together in a committed relationship, but are not married. These agreements can cover various aspects of the relationship, including:
Financial Matters: Cohabitation agreements often address how joint expenses will be shared between the parties, including mortgage or rent payments, food, utilities, travel and entertainment. These contracts can also address how joint assets and debts will be managed, and what will happen to shared property in the event of a breakup or death. Often there is a provision requiring each party to maintain a minimum life insurance policy for the benefit of the other, so long as they remain together.
Property Rights: In the absence of a cohabitation agreement, unmarried partners may encounter difficulties in determining ownership or division of proceeds when a jointly owned house is sold, or when a partner wishes to leave a jointly rented property. These agreements clarify each partner's obligations and rights to a jointly titled home or jointly rented residence, such as providing who will buy out the interest of the other, or who will be responsible for moving out within a specific timeframe.
End-of-Relationship Arrangements: Unfortunately, not all relationships last forever. A well-crafted cohabitation agreement can facilitate a smoother separation by establishing procedures for dividing assets, handling joint debts, and resolving other issues without resorting to costly litigation. Agreeing to a confidentiality provision helps minimize the risk of having negative information leaked. Furthermore, these agreements typically include a requirement to attend arbitration or mediation in the event of a dispute.
Why Cohabitation Agreements Matter
Legal Protection: Cohabitation agreements provide legal protection and clarity for both partners. Without such an agreement, individuals may find themselves vulnerable to financial losses and disputes over property rights or liabilities in the event of a breakup or death.
Preserving Assets: Especially for individuals entering a cohabiting relationship with significant assets or inheritances, a cohabitation agreement can help ensure that these assets remain protected and are not subject to division in the event of a breakup.
Clarity and Communication: Discussing and drafting a cohabitation agreement requires open and honest communication between partners. This process can strengthen the relationship by fostering trust and ensuring that both parties have a clear understanding of their rights and responsibilities.
Avoiding Legal Battles: In the absence of a cohabitation agreement, disputes over property, finances, and other matters can quickly escalate into lengthy and costly legal battles. By establishing clear guidelines upfront, couples can minimize the risk of a contentious dispute in the future.
Drafting a Cohabitation Agreement
While cohabitation agreements offer numerous benefits, they are only effective if properly drafted and executed. It's essential to consult with an experienced attorney, who specializes in family law to ensure that the agreement complies with applicable state laws and accurately reflects the intentions of both partners.
When drafting a cohabitation agreement, consider the following key elements:
Specificity: The agreement should clearly outline each partner's rights and responsibilities concerning finances, property, and other relevant matters. Vague or ambiguous language may lead to interpretation issues in the future.
Legal Review: Before signing the agreement, each partner should seek independent legal advice to review the document and ensure that their interests are adequately protected.
Update as Needed: Over time, circumstances may change, requiring updates to the cohabitation agreement. Regular reviews and updates can help ensure that the agreement remains relevant and enforceable.
Cohabitation agreements offer unmarried couples valuable legal protections and peace of mind by clarifying their rights and responsibilities in a cohabiting relationship and determining ownership or use of property in the event the relationship ends. For further information on this subject, contact our office at 240-396-4373 to schedule a consultation.
What Information is Discoverable in Divorce Litigation in Maryland?
In Maryland, the divorce process typically involves a thorough examination of income, assets, liabilities, and other information. Discovery is the formal legal process of obtaining evidence and information from the opposing party, and it can play a pivotal role in divorce litigation. Understanding what information is discoverable in divorce proceedings in Maryland is essential for anyone navigating this challenging terrain.
Types of Discovery in Maryland Divorce Cases:
In Maryland divorce cases, several methods of discovery are commonly utilized to gather information and evidence. These methods include:
Interrogatories: These are written questions sent by one party to the other, which must be answered within a limited timeframe under oath. These questions can cover various aspects of the marriage, including information related to the children and the parties’ finances, assets, liabilities and other relevant matters.
Requests for Production of Documents: This involves requesting the other party to produce documents relevant to the case within a specified timeframe. These documents can include financial records, bank statements, credit card statements, tax returns, property deeds, and more.
Depositions: This is arranged through a court reporter and involves an attorney taking the sworn testimony of a party or potential witness outside of court prior to a trial. Depositions allow both parties to ask questions directly and can be a powerful tool for uncovering information and assessing the credibility of witnesses.
Requests for Admissions: This method involves asking the other party to admit or deny certain facts relevant to the case. Requests for admissions can help streamline the litigation process by narrowing down contested issues.
Subpoenas: Subpoenas can be issued to third parties, such as banks, employers, or other individuals, compelling them to produce documents and testify at a deposition. The recipient can charge a processing fee, including paralegal time and costs for copying and delivery.
Discoverable Information in Maryland Divorce Cases:
In Maryland, the scope of discoverable information in divorce cases is broad and encompasses various aspects of the marriage and the parties' lives. Some key areas of discoverable information include:
Financial Information: This includes income, assets, debts, expenses, bank accounts, investments, retirement accounts, and any other financial resources owned or controlled by either party.
Real Estate and Personal Property: Information about real estate holdings, including marital homes, vacation properties, rental properties, and personal property such as vehicles, furniture, and valuable assets.
Employment and Income: Details about employment history, current employment status, salary, bonuses, benefits, and any other sources of income, as well as potential for earning income.
Child Custody and Support: Information relevant to child custody and support arrangements, including the best interests of the child, parenting schedules, child care arrangements, private school, health care expenses, and any relevant factors affecting the child's well-being.
Spousal Support: Factors relevant to determining spousal support, including the length of the marriage, the financial needs and resources of each party, standard of living during the marriage, and any other relevant considerations. In Maryland there are no alimony guidelines, and without an agreement between the parties the court will have to determine if there is a need for rehabilitative alimony, which is a set period of time, or indefinite support.
Health and Medical Information: Information about the health and medical history of the parties and any children involved, including insurance coverage, medical expenses, and any special needs or considerations.
Social Media and Electronic Communications: In today's digital age, social media and electronic communications can also be discoverable in divorce cases if they are relevant to the issues involved, such as parenting ability, financial resources, or misconduct.
Limitations and Protections in Discovery:
While discovery in Maryland divorce cases is broad, there are limitations and protections in place to ensure fairness and prevent abuse. For example:
Privileged Information: Certain communications, such as those between spouses or with an attorney, may be protected by privilege and not subject to discovery.
Relevance Requirement: Discovery requests must be reasonably calculated to lead to the discovery of admissible evidence, and parties can object to overly broad or burdensome requests.
Protective Orders: Parties can seek protective orders to limit or restrict discovery in certain circumstances, such as to protect confidential or sensitive information.
Conclusion:
When litigating a divorce case in Maryland, discovery is a critical tool for uncovering information and building a case. From financial records to personal communications, a wide range of information is discoverable in divorce proceedings. Understanding the types of discovery available, the costs involved, and the scope of discoverable information is essential for parties involved in divorce cases to navigate the process effectively. With the guidance of experienced legal counsel, individuals can ensure that their rights are protected and that they have access to the information necessary to achieve a fair and equitable resolution.
Contact our office at 240-396-4373 to schedule a consultation with one of our experienced attorneys.
About the Author
Jessica Markham is the Managing Attorney of Markham Law Firm, with locations in Bethesda, Maryland and Washington, D.C. Ms. Markham is known for litigating the most difficult custody cases in both Washington D.C. and Maryland, in particular, those involving relocation, alienation, mental health and substance abuse issues. Ms. Markham is also highly sought after for her expertise in retirement divisions, and has authored a book entitled Representing Federal Employees and Their Spouses in Divorce, to be published by the American Bar Association in 2020. Markham Law Firm is the only local firm to receive as many honors and accolades from Washingtonian, Bethesda Magazine, the Daily Record, and US News and World Reports for their expertise in Family Law, contributions to the legal community and dedication to client service
Remarriage Restrictions and Pension Payments
All retirement transfers and payments must be handled carefully. It is critical that the parties be advised of additional steps they may need to take beyond getting the QDRO prepared and submitted. Many of these steps are simple, such as having the alternate payee provide his/her account information in order to receive the funds. Without this, the plan may not be able to make payment at all or will withhold an improper amount of taxes if the correct forms are not submitted.
A very important rule that some pension plans have is a restriction regarding the remarriage of the former spouse. Typically, the restriction is that if the former spouse remarries prior to reaching a certain age, then the payments to the former spouse of his/her share of the employee’s annuity (during the employee’s lifetime) will terminate. Under certain plans, the payment can be resumed upon proof that the former spouse’s subsequent marriage has ended by death or divorce. With other plans, the payment cannot be resumed and is in fact terminated forever. If a former spouse is relying heavily on these payments, this is a very important piece of information that should be conveyed to the client not only in discussions to ensure they understand but also with a follow-up written communication. The follow-up letter will serve as a reference to the client and also help protect the attorney from a potential malpractice claim. Since the income received from a spouse’s pension is typically a substantial sum to the former spouse, the recipient must be put on notice of any decisions that could impact their ability to receive such funds.
Another consequence of remarriage before a certain age is that some plans will terminate a survivor benefit award that may have been made to the former spouse. Some plans will terminate the survivor benefit award forever, whlle others will allow it to be resurrected upon proof that the subsequent marriage has ended by death or divorce. A warning to the client verbally and a follow-up in writing is similarly important here for the same reasons as those listed above.
Some former spouses will receive a minimal share of a pension plan and/or survivor benefit to secure their entitlement to health insurance coverage. For these former spouses, a remarriage may not be important in terms of the income they expect to receive but very important as it relates to other benefits, such as health insurance. If they remarry and lose their survivor benefit, then they could also lose their entitlement to these other benefits.
Here are some examples of plans with remarriage restrictions:
Federal Employees’ Retirement System and Civil Service Retirement System: If the former spouse remarries before age 55, then they will lose their survivor benefit unless they were married to the employee for 30 years or more. If the former spouse’s subsequent marriage ends by death or divorce, they can reinstate their entitlement to the survivor benefit.
Military Pension: If the former spouse remarries before age 55, then they will lose their survivor benefit. If the former spouse’s subsequent marriage ends by death or divorce, they can reinstate their entitlement to the survivor benefit.
Foreign Service Pension System: If the former spouse remarries before age 60 they will lose their entitlement to the employee’s annuity (during the employee’s lifetime) forever. Entitlement to a survivor benefit will be terminated, however it can be reinstated if the subsequent marriage ends in death or divorce.
Other plans such as the Inter-American Development Bank Staff Retirement Plan require that the parties determine whether payment to the former spouse will be impacted by their remarriage.
What about the remarriage of the employee/participant?
The Inter-American Development Bank Staff Retirement Plan will require that the parties determine whether payments to the former spouse will be impacted by the participant’s remarriage. This is rare.
For most plans, the remarriage of the participant does not impact payment of the employee’s annuity or the survivor benefits to the former spouse if all paperwork has been timely submitted and accepted.
With a military pension, the former spouse must be designated within one-year from the date of divorce to receive the survivor benefit. If not, when the military member remarries, the new spouse will automatically be the beneficiary of the survivor benefit on the one-year anniversary of their marriage to the military member.
Other plans may not impose any impact on the former spouse if the participant remarries. For the participant though, they will want to look into timely designating the new spouse for any survivorship benefits – even if the full amount was awarded to the former spouse. This is because some plans, like FERS and CSRS will allow the new spouse to be a sort-of back-up designee, in the event the former spouse dies before the participant – then the new spouse will be the recipient of the survivor benefit upon the participant’s death.
Overall, the key takeaway here is that all plans are different and have their own rules. These rules may cause major changes to a participant or former spouse’s benefit, and therefore the attorneys must ensure that the parties are carefully advised of all the potential implications of their future actions.
SELF DEFENSE AND DEADLY FORCE IN THE DISTRICT OF COLUMBIA
Self-defense is a complete defense to assault-related crimes, including murder. This article will discuss when self-defense applies, and when the use of self-defense can include deadly force in the District of Columbia.
When can self-defense and/or deadly force be used?
A person has the right to use reasonable force to defend themselves if they believe they are in imminent danger of bodily harm and there are reasonable grounds for their belief. The focus is on whether the defendant/accused actually believed that they were in imminent danger of bodily harm at the time of the incident and under the circumstances as they appeared to the defendant/accused at that time. A person may use reasonable force, which is that force necessary to protect themselves at the time of the incident.
In some cases, it may be necessary for a person to use deadly force to defend themselves. Under DC law, “deadly force” is “force that is likely to cause death or serious bodily harm.”[1] If a person actually and reasonably believes that they are in imminent danger of death or serious bodily injury and the only way to save themselves is to use deadly force, then they are legally entitled to use deadly force. Use of a firearm is the most common type of deadly force, but deadly force does not necessarily require the use of a weapon. For example, if a person is kicked repeatedly in the head by a grown man, this could be deadly force.
“Serious bodily harm” and “serious bodily injury” are defined as “bodily injury that involves substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss of impairment of the function of a bodily member, organ, or mental faculty.”[2]
What if the Defendant’s belief of imminent harm was false?
Since the focus of self-defense is what the defendant reasonably believed based on how the situation appeared to the defendant at the time, a person has a right to use self-defense even if it later turns out that the perceived threat was false. For example, many BB guns appear like a regular handgun. If an intruder breaks into your home and points a BB gun at you that you believe is a real handgun, then you could use deadly force even though the “firearm” turned out to be a BB gun. However, once the threat has been dispelled, you may no longer use deadly force. Thus, if the intruder pointed a gun at you and then ran out of the house, you would not be entitled to self-defense if you shot him in the back as he was running away, regardless of whether you believed that the gun was real or not.
Is there a duty to retreat?
DC law uses the “middle ground” standard between the right to stand and kill and the duty to retreat. Though there is no absolute duty to retreat in DC, the jury may consider whether the defendant could have retreated to safety when assessing whether the defendant “was actually or apparently in imminent danger of [death or serious] bodily harm.”[3] The idea behind this standard is that the jury can consider whether the defendant could have avoided using deadly force by escaping or walking away at the moment that s/he used deadly force. DC has not squarely adopted the “Castile Doctrine”, which is when the law does not require a duty to retreat when a person is within their own home. DC courts have held, however, that the castle doctrine does not apply in the situation where one co-occupant uses deadly force against their roommate or another occupant of the same home.
Does it matter who was the initial aggressor?
The short answer is “yes”. A person cannot generally place themselves in harm’s way or provoke another person and then rely on self-defense to justify the use of force. However, if the initial aggressor withdraws from the fight/situation in good faith and makes their withdrawal clear to the other party, then they regain the right to use reasonable force to prevent imminent bodily harm.
Example 1:
Mark shoves Andy towards the door of a bar and shouts: “Let’s go! I’m ready to beat your ass in the parking lot.” Andy turns around and shoves Mark, who then punches Andy in the face. Mark cannot claim self-defense because he initiated the fight.
Example 2:
Mark and Andy go out to the parking lot after Mark challenges Andy to a fight. Both men are actively engaged in a fight and Andy gains the upper hand and has Mark in a chokehold. Mark shouts out: “Ok – I’m out. Please no more.” If Andy does not release Mark, then Mark has the right to use whatever force necessary to prevent further harm to himself.
Example 3:
Let’s take Example 2 a step further. Mark is armed with a handgun in his waistband. Andy has Mark in a chokehold and will not let go despite Mark’s desperate plea that he is choking and will not engage in further fighting. Mark is having difficulty breathing and starting to feel lightheaded. Mark, fearing that he will choke to death, may use deadly force to save himself.
Can I use force to protect another person?
A person has the same right to use reasonable force to prevent imminent harm to another person as long as s/he believes that the other person is in imminent danger of bodily harm and there are reasonable grounds for that belief. The amount of force used must be proportional to the harm. The same principles of self-defense and deadly force that apply to oneself may be applied to a third person.
The right to use self-defense can change from one minute to the next depending on the facts of each case. If you find yourself or someone that you know facing assault charges, then you should not delay in consulting with an experienced criminal defense attorney about your right to claim self-defense. Contact our office at 240-396-4373 to schedule a consultation today.
[1] 1 Criminal Jury Instructions for DC Instruction 9.501(B).
[2] Nixon v. United States, 730 A.2d 145, 149 (D.C. 1999).
[3] Gillis v. U.S., 400 A.2d 311, 313 (D.C. 1979).
About the Author
Morgan E. Leigh has 12 years of experience defending assault-related crimes and prosecuting protective orders against domestic violence aggressors. She has also represented a number of police officers in shooting investigations and excessive force cases. Her experience on both sides of the isle gives her a well-rounded perspective when assessing self-defense claims.
Setting Aside Criminal Convictions in the District of Columbia
Compared to many jurisdictions, the District of Columbia has very strict expungement and sealing laws, but did you know that if you were under the age of 25 (24 and under) at the time the offense was committed, you can ask the court to set aside your criminal conviction(s)? This article will discuss the eligibility and process for wiping away a criminal conviction in the District of Columbia – it does not matter whether the conviction was a felony or a misdemeanor.
Science has shown that the human brain does not completely develop until a person is in their mid 20s – specifically the prefrontal cortex, which is responsible for executive functioning, impulse control, and regulation of emotions. Courts are slowly catching up to science, and DC’s Youth Rehabilitation Act (YRA) recognizes that a human being if often a very different person at age 35 than they were at age 21.
The YRA gives a person who committed a criminal offense at a young age the opportunity to move beyond that criminal conviction and put it completely in the past. It’s no secret that criminal convictions can wreak havoc on a person’s life for decades after the offense. It can prevent someone from exercising their Second Amendment rights, getting a job, and even renting an apartment. It can also cause shame and embarrassment even though a person may have successfully completed probation, paid their dues to society, and gone on to be a valuable and productive member of their community.
Who is eligible for setting aside a conviction under the YRA?
First, the person must have been a “youth offender” at the time that the offense was committed. It does not matter what date the conviction became final – the focus is on the date that the crime was committed. A “youth offender” is defined as someone 24 years of age or younger at the time that the person committed a crime. Certain criminal convictions are not eligible for a YRA set aside – these include murder, first- and second-degree murder that constitutes an act of terrorism, first- and second-degree sexual abuse, and first degree child abuse. So, if you were 24 years or younger and NOT convicted of one of the forementioned crimes, you are eligible to request a YRA sentence and subsequent set aside of the conviction.
What are the YRA sentencing options?
Before I get into what the court is going to focus on to determine whether a YRA conviction set aside is appropriate, I want to briefly touch on the sentencing options available to youth offenders that are currently involved in the system. A court may suspend a sentence as opposed to placing a youth offender in jail if the court determines that a youth offender would be better served by probation instead of confinement and shall require the completion of 90 hours of community service unless the court determines that community service would be unreasonable. The court may also issue a sentence less than any mandatory minimum term that may otherwise be applicable.
What are the options for setting aside a prior conviction under the YRA?
Even if the YRA was not an available option at the time of the criminal conviction, a person may later petition the court for a YRA disposition and conviction set aside. In exercising its discretion, the court will consider:
(A) The youth offender's age at the time of the offense;
(B) The nature of the offense, including the extent of the youth offender's role in the offense and whether and to what extent an adult was involved in the offense;
(C) Whether the youth offender was previously sentenced under this subchapter;
(D) The youth offender's compliance with the rules of the facility to which the youth offender has been committed, and with supervision and pretrial release, if applicable;
(E) The youth offender's current participation in rehabilitative District programs;
(F) The youth offender's previous contacts with the juvenile and criminal justice systems;
(G) The youth offender's family and community circumstances at the time of the offense, including any history of abuse, trauma, or involvement in the child welfare system;
(H) The youth offender's ability to appreciate the risks and consequences of the youth offender's conduct;
(I) Any reports of physical, mental, or psychiatric examinations of the youth offender conducted by licensed health care professionals;
(J) The youth offender's use of controlled substances that are unlawful under District law;
(K) The youth offender's capacity for rehabilitation;
(L) Any oral or written statement provided pursuant to § 23-1904 or 18 U.S.C. § 3771 by a victim of the offense, or by a family member of the victim if the victim is deceased; and
(M) Any other information the court deems relevant to its decision
With respect to this last catchall factor, subsequent criminal contact with the criminal justice system is one of the biggest factors that a court will consider. The more recent the subsequent conviction, the more effect it will have on the court’s decision. In addition, the court will look at the age of the youth offender at the time of any subsequent convictions.
What does a YRA set aside actually mean?
A YRA set aside means that the conviction is vacated and removed from a criminal record entirely and the youth offender is placed in the same position they were in prior to the conviction.
How can an attorney help me get my conviction set aside?
An attorney can assist by gathering relevant facts and evidence to show the court that a conviction should be set aside. The attorney can write a persuasive memorandum of law and attach exhibits and respond to any opposition from the government. An attorney can also prepare their client for a hearing to give them the best possible chance of success. Contact Markham Law Firm at 240-396-4373 to set up a consultation today.
Learn More:
Decoding Parent Coordination: When Do I Need a Parent Coordinator?
Navigating the complexities of family dynamics during a divorce or separation can be emotionally challenging. Parents often find themselves facing disagreements and conflicts related to co-parenting, which can have a profound impact on their children. In Maryland, one valuable tool that can help families in such situations is the intervention of a Parent Coordinator. In this blog post, we'll explore the key indicators of when you might need a Parent Coordinator and how their expertise can make a significant difference in your co-parenting journey.
High-Conflict Situations:
If your co-parenting relationship is characterized by frequent disputes, arguments, and a high level of conflict, a Parent Coordinator may be instrumental in diffusing tension and facilitating more effective communication.
Difficulty in Decision-Making:
When parents find it challenging to make joint decisions regarding important aspects of their children's lives, such as education, healthcare, or extracurricular activities, a Parent Coordinator can assist in reaching agreements that are in the best interests of the children.
Violations of Court Orders:
If one parent consistently fails to comply with court-ordered parenting plans, visitation schedules, or other arrangements, a Parent Coordinator can help implement these orders and ensure accountability.
Communication Breakdown:
If you're experiencing a breakdown in communication with your co-parent, a Parent Coordinator can provide a neutral platform to facilitate discussions and help you find common ground. Often, having a third party be privy to communications can help dial down tensions.
Frequent Legal Disputes:
If you find yourself engaged in repeated legal battles over parenting issues, it may be an indication that traditional methods are not effectively resolving conflicts. A Parent Coordinator can offer an alternative approach, potentially saving time, money and emotional energy.
Impact on Children:
If the conflicts between parents are negatively affecting the well-being of the children, a Parent Coordinator can work to minimize the impact, ensuring that decisions are made with the children's best interests in mind.
If you recognize any of the signs mentioned above in your own situation, it may be time to explore the option of engaging a Parent Coordinator. By doing so, you take a proactive step toward resolving conflicts, improving communication, and creating a more stable and supportive environment for your children during a challenging time. Don't hesitate to reach out to Markham Law Firm to see if Parenting Coordination would be appropriate for your case. Contact our office at 240-396-4373 to schedule a consultation.
Navigating Family Dynamics: Understanding the Role of Parent Coordination
Family disputes and conflicts can be emotionally challenging, especially when children are involved. In Maryland and DC, the law recognizes the importance of addressing family issues in a manner that prioritizes the well-being of the children. One valuable tool in this regard is Parent Coordination. In this blog post, we'll explore what Parent Coordination is and how it can benefit families navigating the complexities of divorce or separation.
What is Parent Coordination?
Parent Coordination is a dispute resolution process designed to assist parents in resolving conflicts related to co-parenting and decision-making responsibilities. It involves the intervention of a qualified and trained professional, known as a Parent Coordinator (PC), who works with the parents to promote effective communication, collaboration, and conflict resolution.
The Role of a Parent Coordinator
A Parent Coordinator acts as a neutral third party, helping parents find common ground and make decisions in the best interests of their children. The primary goals of Parent Coordination include:
Conflict Resolution: The PC facilitates communication between parents, helping them address and resolve conflicts that may arise in the co-parenting process.
Decision-Making Assistance: When parents are unable to reach an agreement on certain issues, the PC assists them in making decisions such as everyday parenting decisions, vacation schedules, and many other matters concerning the children.
Education and Guidance: Parent Coordinators provide parents with information and guidance on effective communication strategies, child development, and parenting skills.
Implementation of Court Orders: A Parent Coordinator is not a judge. However, in some cases, Parent Coordinators can assist in the logistics of Court Order compliance and provide accountability by monitoring or participating in party communications.
Benefits of Parent Coordination
Reduced Conflict: By providing a structured and neutral environment for communication, Parent Coordination helps reduce conflict between parents, creating a more stable and supportive environment for children.
Faster Resolutions: Parent Coordination can expedite the resolution of disputes, preventing prolonged legal battles and minimizing the negative impact on children.
Customized Solutions: Parent Coordinators work with parents to create personalized solutions that meet the unique needs of the family, fostering a sense of ownership and cooperation.
Improved Communication: The process promotes healthier communication between parents, enhancing their ability to co-parent effectively and make joint decisions for the well-being of their children.
Parent Coordination is a valuable resource for families facing challenges related to divorce or separation. By engaging in this dispute resolution process, parents can work together to create a more positive and stable environment for their children. If you find yourself in the midst of a family dispute, consider exploring Parent Coordination as a proactive and child-focused approach to resolving conflicts and building a co-parenting relationship that supports the best interests of your children. Contact our office at 240-396-4373 to schedule a consultation.
QDRO Corner: FERS Annuity Supplement – MSPB Decision!
The MSPB is the Merit System Protection Board. It is a quasi-judicial agency existing within the executive branch of the federal government. One of its tasks is to review the “significant actions of the Office of Personnel Management.” The Office of Personnel Management (OPM) is the administrator of the Federal Employees’ Retirement System (FERS).
A part of the FERS pension is the Annuity Supplement. This is a benefit paid to certain employees upon their retirement and is meant to act as an early social security payment to encourage these employees to retire early. Such employees this applies to are law enforcement, air traffic controllers, firefighters, and the like. This Annuity Supplement is paid between the person’s retirement and age 62 when the full payment from the FERS pension is paid.
Within the regulations governing the administration of FERS, there are sections describing how to divide each element of FERS. The provision regarding the Annuity Supplement says that it would be treated (for the purpose of any court order) in the same way the employee annuity is treated. OPM had initially understood this language to mean that if the annuity supplement was not explicitly divided within the court order (as is required for the division of the employee annuity), then it would not be divided.
Around 2016, OPM changed its interpretation and decided it would divide a retired employee’s Annuity Supplement, and that such division would apply retroactively even if the court order was silent on the matter. As such, OPM would be treating the Annuity Supplement the same as the employee annuity by dividing it in the same manner that the employee annuity is divided. The reason for this was to create continuity between FERS and its predecessor plan, the Civil Service Retirement System (CSRS). Under CSRS participants did not pay into social security, so the benefit under CSRS is larger than under FERS because CSRS was designed to include the social security benefit. Since the Annuity Supplement is an approximation of a social security payment but to certain FERS participants, OPM believed it needed to correct its approach.
This decision caused a change to a great many retiree’s benefit payments. Not only would the people receiving the Annuity Supplement have to divide those funds, but their benefits were further reduced to pay the amount of the Annuity Supplement that their former spouse should have been receiving since the employee retired.
One affected retiree appealed OPM’s decision to divide his Annuity Supplement and to retroactively adjust the payments to his former spouse in 2018. Due to a lack of quorum on the MSPB, the case had been sitting until its decision in November 2023.
The MSPB decided that OPM’s original treatment of the Annuity Supplement, i.e.: as a separate element of the FERS plan that must specifically be divided was the correct interpretation. As such, any payments that OPM adjusted during the period 2016 through the MSPB’s decision in 2023 must be reversed.
The MSPB’s analysis explains that the language of the regulations requires the treatment of the two elements under the court order to be the same. The treatment is first whether the part of the plan is divided. Second, if it is divided, how is the former spouse’s share to be calculated. The regulations do not require that the two pieces, specifically the Annuity Supplement and the employee annuity, be calculated in the same manner. More importantly, also, that OPM’s justification that the FERS and CSRS plans should have continuity in these areas was unsupported. The fact that they are different plans and interact with social security differently inherently means that the two plans should be different in their administration.
What does this mean for the attorney handling a divorce that includes a FERS pension?
As per usual, be specific. First, does the annuity supplement even apply? If the federal government employee’s job is nothing like law enforcement, air traffic control, or firefighter, chances are they are not even eligible for the benefit. If they are eligible though, be clear, and award the former spouse a share if that’s what the parties agree. Make sure the award is in the parties’ agreement and the court order dividing the FERS pension. Notably, OPM will not double-check the parties’ agreement to make sure everything made it into the FERS Order. However, OPM can reject the order if additional awards are made in the court order that are not included in the agreement or divorce decree.
If you represent a client and federal government retirement benefits are at issue, contact us at 240-396-4373 can schedule a consultation with us to discuss the benefits, how they are accrued, what can be divided, and how long the division process takes.
How is a Parent Coordinator different than a Mediator?
If you are engaged in any sort of parenting or custody dispute, you may have heard the terms "Parent Coordination" and "Mediation" but you may not understand the difference between these important roles. A parent coordinator and a mediator serve similar but different roles in the context of resolving conflicts, particularly within co-parenting situations:
What is the role of a Parent Coordinator?
A parent coordinator is typically appointed by the court or agreed upon by both parties involved in a custody dispute.
Their primary role is to assist parents in implementing and adhering to their parenting plan or custody agreement.
They sometimes have the authority to make decisions or recommendations regarding specific issues, such as visitation schedules or communication between parents, particularly when there is ongoing conflict, depending on the scope of their appointment.
Parent coordinators may have a background in law, psychology, or social work, and they usually have specialized training in conflict resolution and family dynamics.
A Parent Coordinator is typically engaged not to help resolve a specific dispute but in an ongoing manner to assist in long-term relationship building and dispute resolution.
A Parent Coordinator may or may not memorialize agreements in the form of an email or memorandum of understanding.
What is the role of a Mediator?
A mediator is a neutral third party who facilitates communication and negotiation between disputing parties with the goal of reaching a mutually acceptable agreement.
Mediation is sometimes voluntary and sometimes court-ordered, and both parties must agree to participate.
Unlike a parent coordinator, a mediator never has decision-making authority. Instead, they help the parties explore options, identify common ground, and work towards a resolution that results in a signed written agreement. There are no verbal agreements or "recommendations" that result from mediation. An agreement is only reached if an agreement is signed.
Mediators may have backgrounds in law, psychology, social work, or other fields related to conflict resolution, and they are trained in techniques to foster constructive dialogue and problem-solving.
A mediator typically serves in the role for a very limited time to resolve a specific dispute. They are not engaged in an ongoing manner.
In summary, while both a parent coordinator and a mediator work towards resolving conflicts, they are different and serve specific roles. You may benefit from one or both in your case. If you believe you could benefit from one or the other, feel free to contact our office at 240-396-4373 today to schedule a consultation.
Choosing the Right Divorce Mediator
Divorce is a challenging life transition, but it doesn't have to be defined by conflict and animosity. For many couples, mediation offers a more peaceful and collaborative way to to move forward. However, selecting the right mediator can feel confusing. In this blog post, we'll explore the key factors to consider when choosing a divorce mediator to ensure that they are the best fit for your unique needs.
Credentials and Training: When evaluating potential mediators, it's essential to consider their training and years of experience. Look for mediators who have a specialty in family law and ample years of experience in the field. In addition, some mediators have a social work background, some are attorneys and some are neither. Consider what is best for your situation.
Mediation Style and Approach: Mediators employ various styles and approaches. Some may take a more Facilitative approach, focusing on fostering open communication and guiding parties towards mutually acceptable solutions. Others may adopt a more Evaluative approach, offering insights and recommendations based on their legal or financial expertise. Finally, some have a Transformative style, meaning they are seeking to improve the communication or relationship between the parties as a goal of the process. Consider which mediation style resonates with your preferences and goals for the process.
Compatibility and Rapport: The success of mediation often hinges on the rapport between the parties and the mediator. Take the time to meet with potential mediators for an initial discussion to assess their personality, communication style, and ability to establish trust and rapport. A mediator who listens attentively, demonstrates empathy, and fosters a collaborative atmosphere can significantly enhance the mediation experience.
Expertise and Specialization: Depending on the complexity of your divorce, you may benefit from working with a mediator who has expertise or specialization in certain areas, such as complex financial matters, small business, pensions, or child custody issues. Consider whether the mediator has the necessary knowledge and experience to address the specific issues relevant to your case effectively.
Fees and Cost Structure: Understand the mediator's fee structure and how they charge for their services. Some mediators charge an hourly rate, while others may offer flat fees or packages for specific services. Additionally, inquire about any additional costs, such as administrative fees or charges for document preparation. It's essential to ensure that the mediator's fees are reasonable and align with your budget.
Choosing the right divorce mediator is an important decision that can impact the outcome of your divorce process. By considering factors such as credentials, mediation style, compatibility, expertise, fees, and references, you can identify a mediator who is the best fit for your needs and preferences. We are here to help. Contact our office at 240-396-4373 today.
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