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Last page edit 01/16/08
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Enforcing Orders General Overview When a former spouse fails to comply with a court order or the terms of a private separation agreement, the other spouse may ask the court for help in gaining compliance. The court may exercise its jurisdiction over the former spouse who has not abided by the order if:
The Court’s Contempt and Imprisonment Powers The Maryland courts generally require strict compliance with a decree for child and/or spousal support. If a parent or spouse ordered to pay support does not adhere to the terms of the decree, he or she can be found in contempt of court. The court’s contempt powers include imprisonment if the nonpaying spouse has the ability to pay the amount and fails to do so. The State’s Attorney can also criminally prosecute intentional failure to pay child support cases. However, in both the contempt and criminal prosecution cases, where a real inability to pay can be shown, jail will probably not result. Custody and visitation orders can also be enforced through the court’s contempt powers. An unjustifiable denial or interference with court-ordered custody or visitation can result in the court ordering make-up time or modification of the existing order to ensure future compliance. The court can also assess attorneys fees and costs against the offending party. Maryland’s Mandatory Earnings Withholding Statute Child and spousal support orders are automatically subject to Maryland’s mandatory earnings withholding statute. The law requires that the payor parent’s employer withhold from the payor parent’s paycheck a court ordered amount. That amount is forwarded to the child support recipient either directly or through the child support agency. The law is intended to assist an individual who wishes to pursue support enforcement without an attorney, or with the assistance of the Child Support Enforcement Administration. It places on the courts many responsibilities usually performed by attorneys. Sample forms should be available at the clerk’s office in every county and Baltimore City. If a parent leaves the state to avoid paying child support, and a child support order has been established, that order can be enforced through the Uniform Interstate Family Support Act (UIFSA). If there is no child support order, child support can be established through UIFSA. UIFSA actions can be handled through the Maryland child support agency in your county. Special Considerations in Enforcing Monetary Awards Monetary awards contained in divorce decrees cannot be enforced through Maryland’s mandatory earnings withholding statute. In order to enforce this type of order, you must have the monetary award reduced to a judgment. Then you must have the clerk docket your judgment. At that point, you can file a garnishment action against your former spouse. Through garnishment, you can access your spouse’s paycheck, bank accounts and other liquid assets.Source: This section is drawn from the booklet entitled "Legal Rights in Marriage and Divorce in Maryland" produced by and available from The Women's Law Center. Updated 3/30/01. |
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Source: Maryland State Law Library (MSLL) |
Last date of legal review 01/16/08 (PLL/M.A.J.) |
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