Legal Question in Family Law in Maryland

Adoption and Child Support

The NCP refused to work until the day I went and filed for contempt. Once I served her with papers she has been actively working but only between 9-21 hours per week. I called her employer and found out that she was offered full time employment and she declined as well as finding an ad inthe paper for her employer for full time help. Is this still grounds for contempt b/c she still owes thousands and isnt paying on the arrears b/c she only works part time. We already have an order making her pay on the arrears. I am also having my wife file for adoption b/c the NCP was convicted of neglect and also hasn't has anything to do with the child in 15 months, plus he was in the care of local DSS from 6-2001-- dec 2002. what r my chances? I'm not sure she will fight adoption, but will not sign consent. Also what are my chances in court for contempt next week if she has a job but isn't working what she is able and not making full payments and still accumulating b/c she is making less then half the payments on her monthly support


Asked on 3/12/04, 12:09 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Adoption and Child Support

You have what appears to be a textbook case of "voluntary impoverishment". This doctrine states that if a parent refuses to work and earn a sufficient amount to support their child when they are able to do so, the court will not allow them to avoid their obligations. I would think you will get a contempt order under these circumstances. The question becomes the remedy. The court has the authority to incarcerate until the contempt is purged, but most judges are reluctant to do this, and that wouldn't aid you in getting the proper amount of support. Perhaps if the judge gives her 30 days to begin working full time or face incarceration, that will be the needed incentive. I assume you have an earnings withholding order so that the employer is required to deduct support payments directly from her paycheck and send them to OCSE.

As far as adoption is concerned, if the mother opposes this it will be very difficult.

Read more
Answered on 3/12/04, 12:25 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Maryland