Legal Question in Family Law in Maryland
changing child support order
my wife recently adopted my son. The NCP's outstanding balance is almost 5 thousand dollars. We have a judgment on her for that amount but the original child support order reads $427.05 per month plus $22.95 towards arrears. Now because of the adoption, NCP signed agreement to pay $300.00 per month towards judgment and I agreed to forfeit interest on judgment. NCP has now quit her job, etc. Should I file to make another child support order until arrears are paid off, also can I file for contempt for stopping payment on judgment owed, asking for incarceration again with another purge set to make NCP pay. Thanks
1 Answer from Attorneys
Re: changing child support order
If the post-adoption agreement was entered as a court order, you can begin contempt proceedings. If it was just a private agreement between you and the NCP, the original order would remain in effect and you could proceed on that. But the real problem is collectibility as long as she is out of work. Presumably there's not a big bank account or other asset you can attach to satisfy the judgment. Unless you think the threat of incarceration will shake loose some dollars, it's almost an exercise in futility until she's reemployed.