Legal Question in Family Law in Maryland
Paying a fine from a comtempt order
My husband ex was fined for contempt for not returning his son from visitation on time. How does he collect the money? The judge did not state a date that the fine was to be paid by. Can he file another contempt order seeing how there was not date stipulated, or is there another way to collect the money? It doesn't help that she owes thousands in back child support, and she lives in Indiana. Although she always seems to make her way here for court and to pick up the child for visitation! Any help is appreciated!
2 Answers from Attorneys
Re: Paying a fine from a comtempt order
I have read the answer by Robert Sher, and it is excellent. The only thing I can add is that after you have a money judgment entered in the court, interest accrues at ten per cent per year until the judgment is satisfied. You should try to collect any interest which is due along with the original amount owed and the attorney's fees. I imagine you can find a competent Indiana lawyer through LawGuru.
Re: Paying a fine from a comtempt order
If your husband's ex is employed, there should be in place an earnings withholding order requiring her employer to automatically deduct the child support obligation from her paycheck and send it directly to your husband or to the child support office at the courthouse for forwarding. Similarly, he could get a court order directing the employer to withhold the contempt fine. If she's not employed, he may have to ask the court to enter a money judgment for back support and the contempt fine, then file it in Indiana, then try and attach her bank account. A cumbersome process, to be sure, but it's probably the only way to go given her attitude. You'd be wise to retain counsel, who should make sure the court adds on attorney's fees to whatever amount she is ordered to pay.