Legal Question in Family Law in Maryland

contempt hearing in Feb

I have a show cause order for the NCP failing to pay child support. I asked for total arrears and that month's support. Will they order her to pay at least something at the hearing. NCP refuses to work. Not for a good cause just refuses. Once found in contempt, I would like her to pay all though unlikely b/c she owes more then 3,700.00. I would like them to order a certain percentage though in order to stay out of jail. What % should I ask for in order to stay out? Can I ask for the rest on a money judgemen,(is ongoing CS since child is only 4)would they order such a thing? If they order jail time will it be until NCP pays the amount deemed by the judge to come up with before getting out? If NCP refuses to appear should I request bench warrant for NCP's arrest? Thanks


Asked on 1/28/04, 3:33 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: contempt hearing in Feb

You should be prepared to demonstrate at the hearing that she is able to work and not making a good faith effort to find work. This is known as "voluntary impoverishment" under the law. If the judge believes that she is deliberately avoiding work to not pay support, she'll probably be held in contempt. However, she'll be given some time and a payment schedule to begin making payments, hopefully providing her with an incentive to find a source of income. Incarceration is only used as a last resort, since it doesn't really benefit the children when a parent is locked up. You should ask the court to enter a money judgment against her for what is owed. A judgment can be collected against her assets if she has any, such as a bank account. I suspect she doesn't, give her work situation. Finally, if she doesn't appear, a bench warrant will be issued.

Read more
Answered on 1/28/04, 4:27 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Maryland