Legal Question in Family Law in Maryland

Help! Child Support!

I have court tomorrow for contempt in child support. The Ncp rarely ever shows up for any hearing regarding her child. I have evidence that the NCP chose not to work and then once filed for contempt refused full time employment but only works when she wants to and makes very little payments. If the Ncp does not show up should I request a default hearing, or will they rather issue a warrant for her? I live in C.C and she lives Allegany County. If this occurs, will they send the warrant to Allegany police and have her arrested? If so, will she then be brought here to Carroll County and then released on bail. I would like to request a lump sum payment in order to avoid incarceration since she went more then 6 months without a single payment.and an order to seek full time employment. I would also like to know how I would find out when she is picked up for the bench warrant. Thanks for any adivice I can get.


Asked on 3/16/04, 10:59 am

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Help! Child Support!

These matters are largely at the judge's discretion. Without knowing more

details pertaining to your case it is difficult to say. Many judges are reluctant to order jail time without aggravating circumstance. This is not to say that your judge will be this way. Contempt is either civil or criminal and is based on the outcome.

You should ensure that your hearing tomorrow goes well. Presentation of evidence

of involuntary impoverishment is crucial. This is especially important where she may, in the future,

attempt to have the support modified based on her lower wages.

You should present your evidence on her non-payment and request a judgment for ordered but unpaid support.

Collecting on the judgment is another matter. Tax refunds, where applicable, are also subject to offset.

If she is working then you should make a request

for garnishment. Penalties apply for non-compliant employers.

Each situation is unique. Your focus should always be on the welfare of the child. It is preferrable to involve an attorney early in the process.

Hope this helps and Good Luck!

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Answered on 3/16/04, 12:16 pm


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