Enforcing Child Support in Divorce in Maryland

If the court has entered an order requiring the noncustodial parent to pay child support and the noncustodial parent is able to pay the child support however refuses to pay the child support you can seek to enforce the Court's child support order by filing a petition for contempt. Rule 15-207 mandates the procedure to be followed in a civil contempt hearing. Subsection (e) focuses specifically on child or spousal support enforcement actions and provides that the alleged contemnor may be found in contempt upon a showing by clear and convincing evidence that he or she has not paid the amount owed. If the court makes a finding of contempt, it must issue an order specifying the amount of arrearage, the sanction, and how the contempt may be purged. Id. at 15-207(e)(4) (2001). The court may not make a finding of contempt, however, if the alleged contemnor proves that enforcement is barred by limitations or that he or she has never had the ability to pay despite his or her best efforts to obtain the funds necessary. Id. at 15-207(e)(3) (2001). In addition to the safeguards provided by Rule 15-207, the Court of Appeals has held that a court may not incarcerate a civil contemnor unless he or she has the to purge the contempt. As such there are actually two battlegrounds in any civil contempt proceeding. One is the initial finding of contempt and two is proof of the contemnor’s present ability to pay the amount of the purge provision.

Pursuing enforcement of child support orders can be expensive for both parties. Often times the best way to proceed with ensuring that you are paid your child support is to have the child support paid through the Department of Child support enforcement by wage withholding order. Now when the noncustodial parent fails to pay the Department of Child support enforcement will go after him. If you have any questions please feel free to call me at 1-888-760-7339 or visit my website at www.yourmarylandlawyer.com