What You Need to Know About the Maryland Adoption Process

Posted on by Horman Nichols, LLC

Written By: Trevor M. Addie-Carter

If you ask any Circuit Court Judge in Maryland, they are bound to tell you that there are few happier moments in Court than when they are able to grant an adoption.  The elation extends to everybody in the courtroom, from the adoptive parents and child to the Judge and court staff.  Having been adopted myself, I take particular satisfaction in being able to assist prospective adoptive parents and adoptees.  Here are 4 things to know about adoption cases in Maryland.

  • Maryland Law Recognizes Three Different Types of Adoption Cases – While the end goal for the prospective adoptive parents remains the same, Maryland law has specific procedures that can change depending on whether an adoption is a Public Agency Adoption through the Department of Social Services, a Private Agency Adoption, or an Independent Adoption, which are typically arranged by and between a natural (biological) parent and a prospective adoptive parent, with no agencies involved.
  • There is No Age Limit on Adoption – Many people believe that adoption only applies to children.  While the majority of adoption cases are child adoptions, Maryland law allows both adults and minors to be adopted.  Further, an adult can independently petition the Court for their own adoption, without the involvement of other adoption or government agencies.
  • The Process is Designed to Protect Parental Rights – The legal effect of adoption is that the Court must ultimately decide whether to terminate the natural parents’ parental rights and to grant parental rights to prospective adoptive parents.  In order to protect those parental rights, adoption procedures require that every natural parent file a written consent or a written objection to the adoption petition.  If a natural parent has not filed a response, the Court has the authority to issue a Show Cause Order setting a deadline to respond.  This Order must be personally delivered to the non-responsive parent.  
  • The Adoptee Has a Say, Too – If the prospective adoptee is at least 10 years-old, they must consent to their own adoption.  If the adoptee is under 10 years-old, they must not object to the adoption.

Adoption is a very specific field of law, and while many would consider it a subset of family law, not every attorney who practices family law handles adoption cases.  If you have questions, want to learn more, or are contemplating adopting, Horman Nichols is prepared to help.  Please contact us through our website or call our office at 301.663.8101.

4 Things to Know About Child Support in Maryland

Posted on by Horman Nichols, LLC

Written By: Trevor M. Addie-Carter, Associate Attorney

Payment of child support can have a significant impact on a child’s well-being, from clothing, food, and shelter to educational-related expenses.  For parents with limited income or who must return to school to better support themselves and their children, child support payments can help ensure that the children’s needs are met, despite the parents’ situation.  A Child Support Order itself is the result of legally required financial calculations, documentary evidence, testimony, and legal argument.  Here are four things you should know about child support.

  1. Child Support Isn’t Just for Divorce – Parents do not need to be married or divorced to ask the Court to create a Child Support Order.  While child support can be, and often is, requested in connection with a divorce case, parents can also ask that child support be ordered as part of a custody case, or even as its own stand-alone case through a Complaint for Child Support.
  2. The Court Considers Multiple Financial Factors – In determining an appropriate Child Support Order, the Court is required to utilize the Maryland Child Support Guidelines found in the Maryland Code, Family Law Article.  This calculation takes into account “actual monthly income,” which includes (but is not limited to) salaries, wages, commissions, bonuses, alimony received, and expense reimbursements or in-kind payments that reduce the parent’s personal living expenses.  The Court will also review deductions for pre-existing child support obligations, alimony actually paid, work-related childcare expenses, health insurance expenses, extraordinary medical expenses, cash medical support, and additional expenses.
  3. You Can ask the Court to Modify Child Support – The Court can modify a Child Support Order upon a showing of a material change of circumstance.  A parent who believes there has been a significant change, either because of a job loss, a significant pay raise or pay cut, a change in custody arrangements, or a significant change in deductible expenses can file a Petition to Modify Child Support. 
    It is ultimately up to the parent asking for the modification to prove the change in circumstances; however, the non-moving parent can also introduce evidence and testimony and argue for the child support award they believe is in their children’s best interests.
  4. There are Multiple Ways to Enforce Child Support Orders – If a non-custodial parent who is Court-ordered to pay child support violates the Court Order, the custodial parent has a few options.  The custodial parent can file a Petition for Contempt asking that the Court hold the non-custodial parent in contempt for violating the Court’s Order.
    The custodial parent can also request the Court create an Earnings Withholding Order (sometimes called a “wage assignment” or a “child support garnishment”), which requires the non-custodial parent’s employer to make direct payments to the custodial parent out of the non-custodial parent’s paychecks. 
    The custodial parent can additionally seek assistance from their county’s Child Support Enforcement Agency—in some counties, this is the Department of Social Services or the State’s Attorney’s Office, whereas other counties have their own Child Support Enforcement Offices.

Child support determinations, modifications, and enforcement are a discrete area of law.  The calculations for determining an appropriate child support award can require the collection and analysis of complex financial documents.  Non-payment can impact your wages and your driver’s license.  

If you have questions or have been served with court papers relating to child support, Horman Nichols is prepared to help. Please contact us through our website or call 301.663.8101.

4 Strategies I’ve Learned as a Female Attorney

Posted on by Horman Nichols, LLC

Written By: Kelli Knight


Upon graduating from law school a semester early and passing two state bar exams, in June 2012, I was sworn in to the bars of New Jersey and Maryland. The first in my family to attend law school, I was unsure of what to expect from this particular career path, in large measure, because of the oft-told narrative espousing the many unique challenges inherent in being a woman in the legal field (i.e., being mistaken for non-lawyer support staff, enduring wage differentials with one’s male counterparts, or, worse yet, dealing with sexual abuse or harassment from senior partners).

Today, nearly nine years later, when asked to write about my experiences as a “female” attorney, I can happily and honestly say there has yet to be a situation in which my gender could be considered problematic or in a negative light. In fact, it’s been quite the contrary. It proves to be a source of great strength in my legal career.  Perhaps I have been uniquely blessed with employers and mentors who are gender blind, but I think there’s much more to it than that.

For the record, and for the sake of brevity, however, I do humbly submit that the things that have helped me navigate and succeed in this profession are the same skills that apply to both women and men:  

1) Be the most prepared person in the room.

2) Hold fast to the courage of your convictions.

3) Never play the victim.

4) Embrace the God-given differences that make both men and women great. 

I believe a female who is armed with a solid education, an ability to analyze issues and relate to others, can and certainly will succeed in this male-dominated arena.

Zantac and Ranitidine Cancer Lawsuit

Posted on by Horman Nichols, LLC

Horman Nichols Attorneys at Law are offering free consultations in the Maryland area for the Zantac/Ranitidine Lawsuit.

Currently, there is a class action lawsuit against the manufacturers for the over-the-counter heartburn medication Zantac and its generic form Ranitidine. In April 2020 both drugs were recalled due to producing dangerously high levels of NDMA, a cancer-causing chemical.

If you’ve taken Zantac/Ranitidine, and have been diagnosed with cancer as a result, Horman Nichols is prepared to file a lawsuit on your behalf.

Call Horman Nichols for a free consultation. 301.663.8101

National Coming Out Day

Posted on by Horman Nichols, LLC

An inspiring coming-out story from Trevor Addie-Carter, Associate Attorney at Horman Nichols. #nationalcomingoutday

On this #NationalComingOutDay we celebrate coming out as lesbian, gay, bisexual, transgender, or queer.  It is a day to celebrate those among us who have come out and to stand in solidarity with those who are not yet ready or who do not feel safe.  For those who identify as LGBTQ+, coming out of the closet can be terrifying.  Even those who find themselves in supportive company have likely felt anxiety or even fear at what will happen to their family, their friends, their jobs, and even their homes. 

My own coming out story began in college, starting first with myself and then, slowly, to family and friends.  At first, it was terrifying, but with each person I told, it slowly, surely became easier and I felt more comfortable with myself.  Professionally, I went from guarded, to comfortable, to unapologetic, eventually coming to the conclusion that I didn’t care what others thought:  any law firm that had an issue with me being gay was not a place I would work.  Fortunately, for as rooted in “tradition” as the legal field can be, I have not once had to follow through on that conviction.  Who I am has helped me connect and better understand LGBTQ+ clients whom I have been so fortunate to have represented, whether it be in family law, landlord-tenant, or any other civil legal matter.

Today, I can live as my true, authentic self, both personally and professionally, and with the support of my family, my friends, my church, and my colleagues at Horman Nichols.  I am who I am, I am proud, and I am proud to be able to help those who are “like me.”  And while my extended family may have ended a little smaller than it started, as Dr. Seuss once wrote, “Be who you are and say what you feel because those who mind don’t matter, and those who matter don’t mind.” 

So, for those who are out,  congratulations!  And for those who aren’t ready or who feel unsafe or isolated, know that no matter what, you are never alone.  It gets better.  It gets so much better. 

Blue Belt Lawyer

Posted on by Horman Nichols, LLC

It’s not uncommon for adults to pick up new hobbies and activities as they get older – perhaps they join a book club, learn a musical instrument, or begin painting.  I decided at the age of 40 to take up Brazilian Jiu-Jitsu.  BJJ practitioners sometimes refer to it as murder yoga, struggle snuggle, or tactical hugging.  I like to call it mat therapy.  If you’re not familiar with BJJ, here’s a very quick summary – it essentially involves trying to submit your opponent by almost snapping one of their limbs or choking them unconscious if they fail to tap out in time.  As the saying goes, “Tap, snap or nap.”    

My good friend Jason, who is a BJJ black belt, trains at Clinch Academy (www.clinchacademy.com) here in Frederick and had been trying to get me to come in for years.  So finally, in November of 2016, I started my BJJ journey.  I spent most of the first 6-12 months very sore, uncomfortable and/or in pain.  My wife was appropriately concerned with my numerous injuries, aches and pain, but not overly sympathetic.  It was not uncommon for her to come home and find me icing numerous areas of my body.  She would point out that I decided as an “old” person to get involved in a young person’s sport.  I recall that first December, a couple days before Christmas, I woke up with such terrible back spasms, all I could do was lay on my bedroom floor until the Flexeril took effect and allowed me to crawl around the house.  I learned that day that Flexeril also causes drowsiness, and I would wake up and find myself on the floor in random spots in my house.  

I recently earned my BJJ blue belt, which on average takes about 2-3 years.  I was about 6 months behind the average time frame for earning a blue belt.  Part of that is attributed to Clinch having to shut down for about 4 months during the pandemic, but most of it can be attributed to the fact that I hate studying, so I kept putting off my blue belt evaluation.    

During my time at Clinch, I’ve gotten to know some of the guys who have gone pro in their MMA careers.  Horman Nichols has had the opportunity to sponsor Matt “Semi the Jedi” Semelsberger in one of his pro fights and we cheered him on during his first UFC victory.  

We’ve also had the privilege to sponsor Luke Staley in his amateur career and now again as he goes pro.  Matt and Luke personify hard work and determination, but are two of the nicest guys you’ll ever meet outside of the cage.  At Horman Nichols we love to support our local community.  Matt and Luke are great ambassadors of combat sports as well as Frederick and they’re going to do amazing things.  

Training at Clinch has been one of the best decisions I’ve made.  Professor Luke Rhinehart runs a great academy and the people I’ve met there are fantastic.  I’ve made some wonderful new friends and I’ve learned that sweating and bleeding on the mat together creates a bond unlike anything else I’ve experienced.  

New Laws Taking Effect on October 1, 2020

Posted on by Horman Nichols, LLC

This is a sample of the new laws taking effect on October 1, 2020. A full list can be found on the Maryland General Assembly’s website (http://mgaleg.maryland.gov/mgawebsite/Legislation/Report?ID=chapters).

1.      Anti-discrimination laws:  This new law, among other things, prohibits employment discrimination based on certain traits, such as hairstyle and hair texture, associated with race.  Specifically, the bill prohibits discrimination on the basis of a “protective hairstyle,” which includes “braids, twists, and locks,” and clarifies that the definition of “race” also includes “traits associated with race, including hair texture, afro hairstyles, and protective hairstyles.”  

2.     Salary history and inquiries:  (a) Employers are required to provide the salary range to an applicant for the position for which they applied. (b)     Employers are prohibited from making salary history inquiries to an applicant or former employer. This does not prohibit an employee from volunteering their salary history. (c) Employer are prohibited from retaliating against or refusing to interview, hire or employee an applicant who requests salary information or refuses to provide their salary history.  (d) Employers are prohibited from taking action against an employee who asks about their own wages.   

3.     Notice requirements to employees prior to layoffs:  This amendment applies to employers with at least 50 employees that operate an industrial, commercial or business enterprise in Maryland for at least one year. Employees who work on average, less than 20 hours per week or employees who have worked less than 6 months in the immediately preceding 12 months are not counted in the 50-employee requirement.  Notice must be given:  (a) When an employer is relocating part of its operations to another existing site or a new proposed site.  (b) The shutting down of a workplace or a portion of the operations of a workplace that reduces the number of employees by the greater of either 25% or 15 employees over a 3-month period.  (c) Usually notice must be given at least 60 days in advance.  (d) The notice must contain the name and address of the affected workplace, a supervisor’s name, telephone number and email address, whether the reduction in operations is expected to be permanent or temporary and whether the workplace is expected to shut down and when the expected reduction in operations is scheduled to begin.   

4.     The use of facial recognition software during pre-employment job interviews is prohibited without the applicant’s consent.   

5.     Child support guideline changes: Currently the law requires that a child have at least 128 overnight visits with each parent in order to qualify for shared custody in child support calculations.  The new law changes the threshold to 92 overnight visits.     

6.     Hate crimes and the use of symbols to threaten or intimidate:  A person is prohibited from placing or inscribing an item or symbol, including an actual or depicted noose or swastika with the intent to threaten or intimidate any person or group of persons on any real or personal property, public or private without the express permission of the owner.        

4 Tips in a Personal Injury Case

Posted on by Horman Nichols, LLC

Not everyone wants to hire an attorney for their personal injury case, and if you consult with an attorney, you should know you have the right to negotiate a settlement with the insurance company without an attorney and you have the right to file a lawsuit without an attorney.

Whether you choose to represent yourself in your negotiations with an insurance company, or you’ve retained an attorney, here are four things to keep in mind.

 

Horman Nichols – Legal Q&A Coming Soon

Posted on by Horman Nichols, LLC

Ever had a legal question or scenario, but before you invested the time and expense of retaining a lawyer, you needed some direction to make sure it was worthwhile? We understand – email your question to us (anichols@hormannichols.com) and we will pick a handful of questions to respond to via video on our social media platforms.