Thursday, November 12, 2009

Defending Contempt in a Maryland Divorce

Whenever an individual violates a provision of a court order their actions may constitute constructive contempt of the court. Typically we frequently see these types of contempt actions when people fail to pay alimony, fail to pay child support, or fail to obey court orders regarding visitation. A proceeding for contempt must be filed in the same court that issued the order. Just the mention, the statute of limitations for filing a contempt proceeding for nonpayment of child support is three years see section 10-102 of the Family Law article.

My best advice first and foremost is to obey all court orders. However there are circumstances where people simply cannot abide by the court order. Circumstances where an individual is required to pay alimony or child support and has lost his job would be a perfect example of that type of circumstance. The argument that would be advanced to the court would illistate he did not have the ability to comply with the court's order through no fault of your own, he lost his job. The judge will not find you in contempt of court unless there is evidence that you willfully, intentionally disobeyed his order. If you can present evidence that you intended to abide by the order but circumstances occurred beyond your control that prevented you from obeying the order then you stand a very good chance of not being found in contempt.

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