Legal Question in Family Law in Maryland

child support incarceration

The ncp was recently found in contempt for willful non payment of support. At this time, ncp promised to return to work th following work day and court grant continuance for compliance. This has been more then 3 months and our hearing is this friday 9-17-04. The ncp owes 6 thousand dollars and will be incarcerated. Iam unclear on how long I should ask incarceration. I would like to ask for incarceration until the ncp pays the 3500 the court found her in contempt for in original contempt hearing. the rest has accumulated wuth continued non compliance. If this ok. or should I request jail and work release until the contempt ordered amount is purged? Please let me know the best thing to ask for in the incarceration request and what the law is for incarceration for non payment. Please understand that this has been going on for more then q year and have been to court several times to get her to comply and ncp thinks this is a joke. thanks


Asked on 9/14/04, 8:30 pm

2 Answers from Attorneys

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

Re: child support incarceration

Contempt is a murky area in Maryland law. Generally the outcome determines the classification and this is at judicial discretion. A civil or criminal contempt order may issue.

The order will be for the judge to fashion and you may suggest a remedy but this may be improper given the circumstance (as well as potentially disadvantageous.) The particular judge and the details of your case are the main issues.

Your demeanor and ability to articulate the matters in a non-confrontational yet firm and positive manner are equally important.

Most important is basing your argument in law. It is in this regard that you, as a pro se litigant, are at a disadvantage.

You should speak with an attorney for specific advice on how to approach contempt and other matters that may be before the bench.

Other alternatives may be available to you with regard to non-payment of support. There may be other aspects of your case that may be more important. Consider your situation carefully.

The cost of my service is always reasonable and I can be reached at (410) 799-9002 or by return e-mail.

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Answered on 9/14/04, 8:52 pm
Alan Albin Alan S. Albin, Attorney at Law

Re: child support incarceration

You really need to retain an attorney, who would be able to review what is apparently a long history of this case in the courts. Deciding "how long" the non-custodial parent should be incarcerated, without reviewing all the facts, is imprudent.

However, the bottom line is that an incarcerated person will be unable or less able to generate income to pay the arrearage on the child support. Understandably, it might make you feel better emotionally, and perhaps at this point there is nothing else the court can do to force "ncp" to pay up. I hope it works out for you.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 9/15/04, 6:38 am


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