Contempt Of Court In A Maryland Family Law Case

Contempt of court is a legal mechanism by which the court enforces court orders. It plays a crucial role in family law cases. Individuals can be held in contempt of court for a large number of reasons during a family law case. You can be held in contempt of court for failing to obey court orders related to child support, custody, visitation, or alimony.

Contempt charges are serious. Not only can you face fines and jail time, it can impact your child custody case and how you’re treated in your divorce case as well. Understanding when contempt applies in Maryland divorce cases can help improve your chances of getting a favorable outcome in your family law case.

What constitutes contempt of court in Maryland?

In Maryland, an individual can be held in contempt of court if they deliberately fail to comply with a court order issued by a judge.  A contempt allegation requires a clear and willful disregard for an order issued by the court. In other words, this means that for someone to be held in contempt, the court must find that they had the ability to comply with the order but chose not to do so.

A common example of why contempt orders are issued is when a parent refuses to pay court-ordered child support despite having the financial capacity to do so. This individual can be held in contempt by the court and sanctioned in various ways. Violations that disrupt the best interests of the children or the other party can result in serious legal consequences.

Common reasons why contempt orders are issued 

• Failure to pay child support – The Maryland courts issue child support orders to ensure that each parent contributes to the needs of their children. If a parent fails to make these payments without a legitimate reason, this can lead to contempt charges. Penalties for non-payment include fines, wage garnishment, and even jail time in some cases.

• Violation of custody and visitation orders – Such agreements are in place to protect the best interests of the child. If one parent unilaterally decides to enforce their own visitation schedule, the court can hold them in contempt or threaten to hold them in contempt if they fail to comply repeatedly. Courts take such violations seriously because they disrupt the well-being of the child.

• Failure to pay alimony – The Maryland courts can also hold an alimony payer in contempt of court if they fail to make payments to the other spouse in conjunction with a court-ordered mandate. The court can garnish wages and place liens on property to ensure alimony payments are made. But persistent non-compliance can result in contempt charges.

Talk to a Maryland Divorce Lawyer Today 

Schlaich & Thompson, Chartered represent the interests of Maryland residents who are going through divorce. Call our Bel Air family lawyers today to schedule an appointment, and we can begin discussing your goals right away.