If your ex-spouse has been ordered by a Maryland divorce court to pay child support, that is a binding legal obligation. In other words, your ex-spouse cannot stop making payments. He or she is required to make the payments unless and until he or she gets the court order modified.

So, what happens if your ex-spouse is constantly late or just stops paying child support? In good news, you have several options, including the following:

• Talk to your ex-spouse and convince them to pay: This is the least expensive but also the least effective strategy
• Ask for help from the Maryland Child Support Administration: They are a part of the Maryland Department of Human Services. See here
• Ask the Maryland divorce court for help: This could involve seeking a wage garnishment or having your ex-spouse punished with contempt, potential jail time and suspension of their driver’s license

If you need legal help with child support enforcement and collection, call us here at the Law Office of Robert Castro. We are top-rated Maryland divorce attorneys. You can reach us at (301) 870-1200. Here is what you need to know about getting your child support payments in full and on time.

Maryland Earnings Withholding Order (EWO)

To begin, it is now routine for Maryland divorce courts to issue garnishment orders when a Maryland divorce is finalized. These are called Maryland Earnings Withholding Orders (“EWO”). An EWO is sent to the employer of the paying spouse/parent and requires the employer to withhold the child support amount from earnings. The employer then forwards the payment directly to the spouse/parent receiving payment or to the Maryland Child Support Administration (which then forwards the payment).

However, if the paying spouse/parent changes employers, there is no automatic EWO for the new job. So, when this happens, the paying spouse/parent has to begin writing checks directly. If your ex-spouse stops making payments, as noted, one option is to talk to your ex and see if you can convince him or her to keep making the payments. Consider two options:

Ask your ex to AGREE to an EWO being entered by the Court for his or her new employer — get this in agreement in writing, and you can present it to the Maryland divorce court for entry

Ask your ex to voluntarily have the new employer withhold the child support payments — this can be done by your ex with simple forms

Basically, the idea is to make it as simple and as convenient as possible for your ex-spouse to make the payments.

Maryland Child Support Administration

Another option if your ex-spouse has stopped making child support payments is to ask for help from the Maryland Child Support Administration (“MCSA”). Once you sign up for their services, the MCSA has staff that can help with collection and enforcement. The MCSA can use tools like these:

• Order child support payment to be withheld from State benefits like unemployment, workers’ compensation claims, lottery winnings, tax refunds, etc.
• Report delinquent ex-spouses to credit bureaus
• Report delinquent ex-spouse to the Maryland Motor Vehicle Administration for suspension of driver’s license
• Seek garnishment of financial accounts
• Seek suspension or revocation of licenses for professionals or for something like a hunting license

Seeking Help From the Maryland Divorce Court

Yet another option involves asking the Maryland divorce court for assistance. The Maryland divorce court has a wide range of enforcement options, up to and including jailing your ex-spouse for up to 12 months. There are pros and cons for many of the possible actions. For example, asking the court to jail your ex-spouse means he or she will not be working. This means he or she will have no income from which to make child support payments. Thus, it is wise to consult with experienced Maryland divorce attorneys before taking action.

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.