Enforcing Court Orders - Divorce, Child Support, and Alimony Cases
When a former spouse fails to comply with a court order, the other spouse may ask the court for help getting the former spouse to comply. You can also ask the court to help if the former spouse does not comply with the terms of a private separation agreement that has been incorporated into a court order (such as a divorce decree or custody order).
Read an overview of contempt of court.
Read the Law: Md. Code, Family Law § 8-213
The court may exercise its jurisdiction over the former spouse who has not abided by the order if:
- they live within the state;
- they live in a state that has a reciprocal agreement with Maryland; or,
- in the case of enforcing a monetary agreement, if they own property in the state (e.g., real estate, bank accounts, a business, or stocks and bonds).
Read the law: Md. Code, Courts and Judicial Proceedings, Title 6, Subtitle 1
If the ex-spouse is not a resident of Maryland, the court may exercise its jurisdiction if the ex-spouse is served in accordance with the Maryland Rules AND:
- Maryland was where the couple lived when they were married; OR
- the obligation to pay the child support, spousal support, or attorney’s fees arose under Maryland laws or under an agreement executed by one of the parties in Maryland.
Read the Law: Md. Code, Courts and Judicial Proceeding § 6-103.1
The Court’s Contempt and Imprisonment Powers
Maryland courts generally require strict compliance with an order for child or spousal support. If a parent or spouse is ordered to pay support and does not adhere to the terms of the order, they can be found in contempt of court. Under the court’s contempt powers, a non-compliant parent or spouse can be imprisoned if they have the ability to pay and fail to do so. This is an exception to the general rule that a person cannot be imprisoned for debt.
The State’s Attorney can also criminally prosecute intentional failure to pay child support cases. However, in both the contempt and criminal prosecution cases, if the nonpaying parent can show that failure to pay is the result of a real inability to pay, the court will generally not put them in jail.
Custody and visitation orders can also be enforced through the court’s contempt powers. An unjustifiable denial or interference with court-ordered custody or visitation can result in the court ordering make-up time or modification of the existing order to ensure future compliance. The court can also assess attorney’s fees and costs against the offending party.
Read the law: Md. Code, Family Law § 11-110
Maryland’s Mandatory Earnings Withholding Statute
Child and spousal support orders are subject to Maryland’s mandatory earnings withholding statute. The law requires that the employer of the parent required to pay support withhold the court-ordered amount from the parent’s paycheck. The withheld amount is forwarded to the child support recipient either directly or through the child support agency.
The law is intended to assist individuals who wish to pursue support enforcement without an attorney or with the assistance of the Child Support Enforcement Administration.
Read the Law: Md. Code, Family Law Title 10, Subtitle 1, Part III
If the court has issued a child support order, and the parent leaves the state to avoid paying child support, the child support order can be enforced through the Uniform Interstate Family Support Act (UIFSA). If a support order has not been issued by the court, child support can be established through UIFSA. UIFSA actions can be handled through the Maryland child support agency in your county.
Read the Law: Md. Code Family Law Title 10, Subtitle 3
Learn more about wage assignment and child support.
Enforcing a Divorce Judgment Mandating Action
In divorce cases, it is typical that the divorce decree requires a party to take some action. This can include transferring a portion of a retirement account to the other party, transferring ownership of a house, or transferring the title of a vehicle. If the divorce decree requires your ex-spouse to transfer property, and they refuse, there are at least 3 ways to enforce the judgment. You can:
- file a contempt action to compel your ex-spouse to comply with the court’s order.
- file a petition asking the court to appoint a third party to execute the transfer at the expense of your ex-spouse.
- ask the court to seize the property to compel compliance with the judgment.
If the divorce decree required the payment of money, the court can enter a judgment against the non-paying party. If the court has ordered child support, alimony, attorney's fees, or a monetary award, property of the non-paying spouse or parent may be seized or sequestered.
Read the rule: Md. Rule 2-648(a); Rule 9-210(b)