Emergency Family Maintenance (EFM)
Emergency family maintenance (EFM) is a combination of alimony and child support granted to the person eligible for relief; it is paid for by the abuser. (A pendente lite award for alimony or child support can take the place of an EFM award.)
EFM is awarded based on:
- The financial needs of the person eligible for relief
- The resources available to the person eligible for relief and the abuser
Maryland Emergency Family Maintenance Frequently Asked Questions
What is Emergency Family Maintenance?
Emergency Family Maintenance is financial support provided to a spouse or parent during a legal proceeding, such as a divorce or custody case, to ensure that they can meet their basic living expenses.
Who is eligible for Emergency Family Maintenance?
You are eligible if you are married to the other party or if you have custody of children with the other party.
How do I apply for Emergency Family Maintenance?
You need to file a petition with the court, providing details about your financial situation, living expenses, and the other party’s income. You may also need to provide supporting documents such as pay stubs, bills, and bank statements.
What factors does the court consider when granting Emergency Family Maintenance?
The court considers the financial needs of the requesting party, the ability of the other party to pay, and the standard of living established during the marriage or relationship.
How long does Emergency Family Maintenance last?
Emergency Family Maintenance is temporary and typically lasts until a final order for support is issued.
Can Emergency Family Maintenance be modified?
Yes, it can be modified if there is a significant change in circumstances, such as a change in income or employment status of either party.
What happens if the other party refuses to pay Emergency Family Maintenance?
If the other party refuses to pay, you can file a motion with the court to enforce the order. The court may take action to ensure compliance, such as garnishing wages or imposing penalties.
Are there any fees associated with filing for Emergency Family Maintenance?
There may be filing fees associated with submitting a petition for Emergency Family Maintenance. It’s a good idea to check with the court for the exact fees and any potential waivers or reductions.
What should I do if I need immediate financial assistance?
In addition to seeking Emergency Family Maintenance, you can also explore other resources such as local domestic violence prevention programs, shelters, and community organizations that offer financial assistance.
How can I ensure the court considers my request for Emergency Family Maintenance?
Provide thorough and accurate documentation of your financial situation and the other party’s income. It’s also helpful to consult with a legal professional to ensure your petition is complete and compelling.
Contact Our Montgomery County Family Law Attorney
Note that a party to a divorce proceeding can consolidate the protective order case with the divorce action, and request back EFM as part of the divorce action. For more information regarding your specific case, contact a Maryland divorce attorney who can provide professional legal advice.
(Updated 12/12/2024)