Legal Question in Family Law in Maryland

In order to find someone in contempt in a child support case, the court must find both that the obligation is owed and that the paying party has the current ability to pay. Given the current state of the economy, it is not unusual for people to be out of work for a significant period of time, but the case will come down to the specific circumstances: what efforts he has made to find employment, whether he receives or received unemployment benefits, etc.

If you can demonstrate that he hasn't made a sincere effort to get a job despite having the experience and skills that should have enabled him to do so, you should be able to prevail. The problem is if he doesn't have any assets and is living off unemployment checks, he would have no way to pay anything even if held in contempt. Maybe the fear of incarceration will motivate him to find a job.

There's a second piece to the equation. First, both Bill and Robert are correct; to hold your ex in contempt, the court must find that he has the ability to pay. If they find that he has some resources, but not enough to pay the full arrearage, they could hold him in contempt and allow him to "purge" himself of contempt by paying some amount, but less than the entire sum owed.

However, you are entitled to a judgment for any sums due and unpaid. A judgment doesn't have the coercive power of contempt and potential incarceration, but it does entitle you to begin earning interest at the rate of 10% on the unpaid amount, and it enables you to attach any income or assets your ex has in his name.

Beware, however, that further efforts to enforce his support obligation may well be met with a motion on his part to reduce his child support obligation.