Weaver John S

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Location: One Rockville Metro Ctr
Neighborhoods: Central Rockville, Town Square
AKA: Weaver, John S, ATTY
Other Link: http://maryland-familylaw.com
Categories: Attorneys, Child Custody Attorneys, Criminal Law Attorneys, Divorce Attorneys, Employee Benefits & Worker Compensation Attorneys, Family Law Attorneys, Labor & Employment Law Attorneys, Legal Service Plans, Personal Injury Law Attorneys, Tax Attorneys, Wills, Trusts & Estate Planning Attorneys, Workers Compensation Assistance

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Phone: (301) 424-7207

Address: 51 Monroe St Ste 205, Rockville, MD 20850

Website: http://maryland-familylaw.com

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Weaver John S

Divorce
Joint Statement of Marital Property and Nonmarital Property. Whether you need someone to represent you in mediation or collaborative divorce or you are seeking a skilled mediator to assist in resolution of your dispute, John Weaver is prepared to assist you in resolving your disputes. To assist you in identifying the kinds of issues that are addressed in mediation, click
Child Support
There are two child support guidelines worksheets that are used in determining the appropriate amount of child support: (1) a chart where one parent has primary physical custody of the children, and the other parent has the children overnight fewer than 128 nights a year; (2) a "shared" custody worksheet where each parent has the children for at least 25% of the overnights (92+ overnights) each year. T
Child Custody and Visitation
When a parent considers relocating to another state with a minor child, this may have a substantial impact on the child and on the child's relationship with the non-relocating parent. If the relocation moves forward, certainly adjustments may have to be made to any child visitation or access schedule to maintain the child's ongoing relationship with both parents. Changes brought about by the relocation of a parent may, in a given case, be sufficient to justify a change in child custody. The result depends upon the circumstances of each case. The issue of stability may cut both ways in such a determination. For example, continued custody in the parent who is the primary caretaker would offer an important form of stability in the children's lives. However, permitting the children to remain in an area where they have always lived, where they may continue their association with their friends, and where they may maintain frequent contact with their extended family also provides a form of stability. Parents must also be very careful about the potential negative consequences of an attempted secretive move, because it has been held that the surreptitious relocation of a custodial parent in such a manner as to preclude all visitation to the other parent was sufficient to support a change in custody. One factor to be considered in a custody decision is "potential for maintaining natural family relations." Thus, a parent's unwillingness to foster a good relationship between a child and the other parent is an important consideration in a relocation case. If a parent moves to a distant state, it would be easier to undermine the other parent's relationship with the child, and it would be harder for the parent left behind to overcome this obstacle.
Premarital Agreement
John Weaver brings broad experience with antenuptial agreements to his representation of clients. Mr. Weaver is experienced in the negotiation and drafting of antenuptial agreements. Additionally, he has litigated the validity of antenuptial agreements, interpreted antenuptial agreements in his former role as a Family Division Magistrate in the Circuit Court for Montgomery County, and has acted as an arbiter of prenuptial agreement terms.
Spousal Support
In Tracey v. Tracey, 328 Md. 380, 614 A.2d 590 (1992) - an alimony case - in computing the wife's income, the phrase “all income” in FL §11-106(b)(11)(i) does not require a court to include income from a temporary second job, but you must include income from “regular, full-time employment, i.e. money earned during the normal work week as is appropriate to a given occupation.” Tracey, 328 Md. at 389.
Legal Separation
Limited divorces are a judicially decreed legal separation; it does not terminate the marriage, and the court cannot determine all property rights.The court may make an
Annulment
When the Maryland court grants an absolute divorce or annulment, it may make an equitable distribution of the property that the parties acquired separately or jointly during the marriage. The court is required to follow a three step process...
Child Abuse
Community members may provide more neutral supervision than family members and friends, and where supervision is required due to domestic violence or child abuse, family members should not be chosen as supervisors. The supervisor should be a neutral and mature individual, able to supervise the parent and protect the child, willing to communicate reports on the visit, and available for the entire visit. A copy of the order and responsibilities should be distributed to parent and supervisor. The supervisor should be informed of the reason for the supervision. The order should set forth the visitation schedule, including appropriate restrictive provisions concerning alcohol and controlled substances, provisions pertinent to batterer's prevention programs, and provision for visiting parent to post bond if there is a concern regarding child abduction.

Misdemeanors
Mutual consent if: (i) the parties submit to the court a written settlement agreement signed by both parties that resolves all issues relating to alimony and property distribution, as well as the custody, access, and support of the parties' minor or dependent children; (ii) the parties attach to their written agreement a completed child support guidelines worksheet if the agreement provides for the payment of child support; (iii) neither party files a pleading to set aside the settlement agreement prior to the divorce hearing; AND (iv) the court is satisfied that any terms in the agreement relating to the minor or dependent children are in the children's best interests; (7) conviction of a felony or misdemeanor if the defendant has been sentenced to serve at least 3 years or an indeterminate sentence in a penal institution; and defendant has served 12 months of the sentence; (8) insanity resulting in at least 3 years confinement in a mental institution, hospital, or other similar institution, and certain other requirement have been met.

Workers Compensation
The Maryland Child Support Guidelines defines "actual income" to include, without limitation, (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. FL § 12-201(a)(3).
Severance Agreement
Depending on the circumstances of the case, the court may consider (i) severance pay; (ii) capital gains; (iii) gifts; or (iv) prizes, as actual income. FL §12-201 (a)(4). However, actual income does not include benefits received from means-tested public assistance programs, including temporary cash assistance, Supplemental Security Income, food stamps, and transitional emergency, medical, and housing assistance. FL §12-201(a)(5).

Trusts and Estates

Wills

Tax Law
Approach. The Team includes an interdisciplinary team selected by the spouses at the outset of the process which consists of two Collaborative attorneys, a neutral financial specialist, two mental health coaches - each spouse selects her or his own coach, and a child specialist (advocates for the child) who address the legal, emotional and financial aspects of divorce. In the interdisciplinary Collaborative team approach each party has an attorney who provides legal guidance and interest-based focus in the settlement negotiations. A neutral financial specialist, preferably trained as a Certified Financial Planner (CFP), Certified Public Accountant (CPA), trained as a Certified Divorce Financial Analyst (CDFA), assists in understanding and assessing the family's financial circumstances and provides guidance and education in budgeting, tax issues, implications of proposed settlements, using financial data to promote discussion and settlement. A child specialist, who is a licensed mental health professional with specific training in child development and experienced in dealing with families in transition, is neutral as to the parents but advocates for the child, keeps the child's needs in the forefront, assesses the child's functioning, and helps the child to express the child's feelings, thoughts and concerns and communicates these to the parents, thereby providing a "voice for the child" in the process, and may provide child-development education to the parents and assist them in formulating their parenting plan. A Collaborative or divorce "coach," who is a licensed mental health professional, for each spouse (but does not act as the spouse's therapist), who assists with more effective management of emotional issues and communication patterns that may be inhibiting constructive settlement, and works with the co-coach to create an effective process. Additional neutral experts may be engaged as necessary, such as real estate appraisers, jewelry/personal property appraisers, vocational evaluators, or business valuation experts. One of the team members, typically one of the coaches, would act as a "case manager" to coordinate scheduling meetings and follow-up on task completion. The team members are co-equal and interdependent, and are directed toward the same goal of resolving the divorce-couple's related issues. The process will involve team members working individually with the spouses, with communication between team members as necessary, and inclusion of some or all of the team members, as appropriate, in the four-way meetings. The four-way meetings generally center on identifying issues, gathering information, developing settlement options, and negotiating solutions.

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