Legal Question in Family Law in Maryland
Child support after adoption
The Ncp signed her consent to adoption to my wife at a contempt hearing for incarceration. The judge advised he would keep her out as long as she resumed work the following monday and made full payments. NCP lied and did neither and is in arrears in excess of 4900 bucks. She still has accruing support b/c adoption isn't final and her 30 days for consent is not up. We have a continuance on the c/s hearing in case she did just this. My quesiton is should i take her back for incarceration hearing and when adoption is final and she owes all this money, will I still be able to file for contempt when she doesn't come up with the arrearage support until paid. Judge says that it works the same as reg child support with same consequences. Please advise
1 Answer from Attorneys
Re: Child support after adoption
It sounds like she's already been held in contempt. If so, the ongoing payments could be considered part of the original contempt. A big issue is does she earn enough or otherwise have the funds necessary to curtail her arrearage. If she draws a paycheck, why aren't you getting your support through an earnings withholding order? If she's self-employed, and doesn't have a sizeable bank account, it's going to be difficult to collect in any event.