Contempt in Divorce in Maryland Child Support

A child support order in a Maryland divorce action can be enforced by way of contempt. There is a statute of limitations on when the contempt proceeding must be initiated. § 10-102. Statute of limitations for contempt proceeding. A contempt proceeding for failure to make a payment of child or spousal support under a court order shall be brought within 3 years of the date that the payment of support became due. Under section Rule 15-207. Constructive contempt; further proceedings. Subsectio (2) Petitioner's burden of proof.- Subject to subsection (3) of this section, the court may make a finding of contempt if the petitioner proves by clear and convincing evidence that the alleged contemnor has not paid the amount owed, accounting from the effective date of the support order through the date of the contempt hearing. ) When a finding of contempt may not be made.- The court may not make a finding of contempt if the alleged contemnor proves by a preponderance of the evidence that (A) from the date of the support order through the date of the contempt hearing the alleged contemnor (i) never had the ability to pay more than the amount actually paid and (ii) made reasonable efforts to become or remain employed or otherwise lawfully obtain the funds necessary to make payment, or (B) enforcement by contempt is barred by limitations as to each unpaid spousal or child support payment for which the alleged contemnor does not make the proof set forth in subsection (3) (A) of this section.

As such the court only needs to find that there was an order in place that the order was not followed and the person obligated to follow the order had the ability to follow the order. In this circumstance the larger issue is the purge provision of the court's order finding contempt. The purge must be consistent with the contemptuous individuals ability to meet the purge provision.