Legal Question in Family Law in Maryland
NCP not paying court ordered support
the NCP has been ordered to pay $427.05 a month in support. The NCP was ordered to make first payment in June 03'. the NCP did not do so until I threatened with contempt, if NCP did not get a job. The NCP finally got one on Dec 02, 2003 and made first payment of $89. Is this acceptable to the court? Can I file for contempt if NCP refuses to get job to make the correct amount of money? What would be NCP's penalty in court if I filed for contempt? Please help with the correct path to take
1 Answer from Attorneys
Re: NCP not paying court ordered support
If the ncp now has a job, which you suggest but then seem to contradict in your inquiry, you should go to court and get an earnings withholding order. This orders the employer to automatically take the correct child support amount from his paycheck and send it to the court, which then forwards it to you. This way you won't be dependent on him to pay support as long as he's working. The order follows him from job to job and he's required to report job changes to the court although often this requirement is ignored by child support payers. You could also ask the court to award you a judgment for the arrearage accrued since June and incorporate a payment against the arrearage into the earnings withholding order.