Yes. There are two relevant Maryland statutes: MD Family Law Code, §10-203 (failure to support a minor child) and MD Family Law Code, §10-219 (desertion of a minor child). However, these criminal statutes are rarely prosecuted. More often, the threat of criminal sanctions is used to spur a parent into honoring their child support obligations. A third possible criminal-like sanction involves the ability of Maryland divorce courts to hold a non-paying parent in contempt of court. This is not technically a criminal punishment, but a person held in contempt can be ordered held in jail until the contempt is expunged. If you need a consultation about a possible divorce or have questions about child support, call the Waldorf, MD, divorce attorneys at the Law Office of Robert Castro at (301) 870-1200. Here is a quick rundown on criminal penalties for non-payment of child support.

To begin, both criminal statutes mentioned above require proof of intentional non-payment. So, simple non-payment will not generally result in a criminal case. The same is likely true for a person’s inability to make child support payments.

As noted, Section 10-203 is specific to child support payments. Section 10-203 makes it a crime for a person to willfully fail and refuse to make child support payments. The section classifies the crime as a misdemeanor, and the possible punishments include up to 36 months in jail and fines of up to $100. Section 10-219 is a more general statute that prohibits the desertion (abandonment) of a minor child. Desertion can take many forms, but the statute specifically defines failure to pay child support as a form of desertion. More particularly, Section 10-219 punishes the failure to provide at least three years of child support. Consequently, Section 10-219 will only apply to a parent who is severely behind on child support payment obligations. Violation of Section 10-219 is also classified as a misdemeanor and carries a maximum jail term of 12 months and fines of up to $100.

As noted, failure to pay child support is rarely prosecuted. This is partly because there are other – more effective – methods of obtaining compliance from a non-paying parent. The main mechanism is filing a written request with the Maryland divorce court asking for the non-paying parent to be held in contempt of court. This is possible because all child support payment obligations are contained in a Court Order. Failure to obey a Court Order allows the court to hold a person in contempt of court. If a person is held in contempt, one possibility is that the court will order the person held in jail until the contempt is purged or expunged. In the case of failure to pay child support, purging or expunging means making past-due child support payments.

However, even this is rare since the goal is to get the child support payments made. It is impossible for a person to earn money if he or she is in jail for contempt. If there is no money earned, then no child support payments can be made.

The Maryland divorce court has other options, including issuing an Order mandating that child support obligation be deducted from the non-paying parent’s paychecks. This is usually the first punitive action taken by Maryland divorce courts. Often, wage garnishment is sufficient to get the child support payment made.

Contact Waldorf, Maryland Family Law and Divorce Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Divorce lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.