When a former spouse stops complying with a court order such as a divorce decree or order for custody, you can ask the court for help.
The People’s Law Library of Maryland says the court has jurisdiction over the former spouse if that spouse lives in state, lives in a state that has a reciprocal agreement with Maryland, or has property such as real estate or bank accounts in state.
A parent or spouse who is in contempt of a court decree can face imprisonment, if the nonpaying spouse is able to pay but fails to do so. The State’s Attorney can also criminally prosecute. However, for both contempt and criminal prosecution, jail time will probably not happen if the non-paying spouse can demonstrate a real inability to pay.
Maryland’s mandatory earnings withholding statute can also be used to enforce support orders. The non-paying parent’s employer can be directed to withhold a court-ordered amount from the parent’s paycheck, which is forwarded to the support recipient.
If the non-paying parent moves out-of-state to avoid child support where a child support order is established, the order can be enforced through the Uniform Interstate Family Support Act (UIFSA). UIFSA can also help where there is no child support order, through the Maryland child support agency in your county.
The Children’s Rights Council says that in Maryland, the child support order can be recalculated at any time by request of either parent. This is usually only done if there is a substantial change in circumstances, such as a significant change in income, or a child reaches majority. A formal motion to the court showing the change in circumstances accomplishes the modification. Common considerations include changes in:
- Parental income
- Assets for support
- Employee benefits
- Income of a new spouse or cohabitant
- New family responsibilities
- Increase in the cost of living
- Changes in the child’s expenses
- Health conditions of parents and children
Contact Huesman, Jones & Miles, LLC: Experienced Legal Representation in Maryland from Qualified Baltimore Child Support Lawyers
If you need assistance collecting the support you and your child are due, contact one of our qualified Baltimore County divorce lawyers. At the Maryland family law offices of Huesman, Jones & Miles, LLC, our legal team has the necessary experience to handle all types of child support cases not matter how simple or complex. Call our Hunt Valley, MD office today at (443) 589-0150 to schedule a free consultation with a skilled Baltimore child support lawyer or you may contact us online.