In Maryland, supporting children is the obligation of both parents. If a Maryland divorce court has ordered one parent to pay child support, that parent is in serious danger if they fail to pay. A court order has the force of law for the parties involved, and the court can punish a non-paying parent up to and including sending that parent to jail. That is a rarely-used remedy, but it is possible. If you have questions about child support payments or other divorce matters, contact us here at the Law Office of Robert Castro. Our number is (301) 870-1200, or use our contact page. We have offices in Waldorf, Maryland. We are trusted and highly-rated child custody, family, and divorce lawyers in Charles County, Maryland.

If you are the child-support-receiving parent and the other parent stops paying, your legal remedies involve the divorce court. You cannot, for example, call the police. The police do not handle child support payment issues. The request to the local Maryland divorce court is that its Order be enforced, which requires payment of the child support. This request is made by filing court papers with the Clerk of Court. These court papers are generally called a “Motion” or “Petition.” The Motion directed at the divorce court can have many titles, including, for example:

• Motion/Petition To Enforce Child Support Order
• Motion/Petition To Compel Payment of Child Support
• Motion/Petition To Hold [Parent] In Contempt For Failure to Pay Child Support

As noted, the Motion/Petition must be filed with the court, and a copy must be sent to the non-paying parent. The non-paying parent will have time to file papers responding to the Motion/Petition. The non-paying parent might deny the claim, might argue some excuse, might claim some exigent circumstance (like “I lost my job”), or might respond in some other manner. Eventually, the court will review the filed papers. Depending on the claims being made, the court might require documentation. For example, if the non-paying parent claims to have lost his or her job, then the court might require documentary proof of that. The court might also require additional financial disclosures. Most often, the court will require the two parents to attend an in-person hearing before the judge, along with their respective lawyers. The whole process may take a few weeks or a few months unless the matter is deemed an emergency.

In the end, the court has several options depending on the facts. If the court is persuaded that the non-paying parent is financially able to make the child support payments, the court could order the parent to pay and threaten the parent with contempt if the parent fails or refuses to pay. The court has other options, too, like issuing a wage garnishment order or an order seizing assets of the non-paying parent (like funds in a financial account). The court will also order payment of back-due child support.

Alternatively, the court could modify the child support order based on something like lost employment. This could lower the child support payments. But, generally, past-due child support will not be modified. Note that modification of the child support order is always an option for a divorce court and could result in higher payments if the facts warrant such a result.

Contact Waldorf, Maryland Family Law and Child Custody 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, Family Law lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.