Legal Question in Family Law in Maryland
Is the mother in contempt if order isnt finalized?
Mom told dad she is not going to follow on the new order issued by a court master because it has not been signed. she says they have to go by the signed order which is a temporary order. When we called the court they said the file is still with the master and it hasnt been signed. It may be a while because the order was appealed within the 10 days after it was proposed. dad wants mom to start following the new order the order because then dad can get more visiation which includes some midweek and holidays. Mom is concerned she wont get her child support since it has to come by wage garnishment through CSE and if the order isnt signed, they cant garnish dad's wages. Dad wants to make sure he gets his visitaion for thanksgiving and Xmas this year. Mom just doesnt want dad to have more visits.Can I file contempt on her for not following the new order although itsnot signed? Will she get in trouble for not following the new order.
1 Answer from Attorneys
Re: Is the mother in contempt if order isnt finalized?
She cannot be held in contempt for failing to follow an unsigned order. The master's recommendations do not control and will not become effective until the exceptions are ruled upon.