Contempt of court matters can only be filed after the court has already issued a court order outlining what each party must do in their divorce, child custody, and/or child support matter. In Maryland, if someone does not comply with a court order for child or spousal support, they can be found in contempt of court. Md. Code, Family Law § 11-110 specifically sets out the courts powers which include imprisonment of the nonpaying party. However, if the nonpaying party can prove that they are not able to pay, jail will probably not be the result.

Violating a court-ordered custody and visitation schedule can also result in contempt of court. If a party is denying or interfering with the other parent’s custodial time with out justification, the court may find that person to be in contempt of court. The court will either order make-up time or modify the existing court order make sure everyone complies with it in the future.

In any contempt matter, the court may order attorneys fees against the other party if they are found to be in contempt. Contempt of court is a powerful and necessary tool that enables the aggrieved party to file an action with the court and seek the court’s intervention. It is important to note that contempt of court matters require evidence. The more evidence that you have to prove that the other party is unjustifiably disregarding the court order, the higher your chances of success you will have. To learn more about contempt matters or if you would like to discuss your case with us, please call us at (443) 741-2567 and we would be happy to discuss your case with you.

In Maryland, a pendente lite hearing (“PL hearing”) is a hearing that takes place while a divorce or child custody action is still in the process of litigation. The purpose of this hearing is to provide a temporary order before the final hearing takes place.

When a PL hearing is requested by either one or both parties, the court may order a hearing on the next available court date. This request can either be made in writing or orally and is usually made at the parties’ Scheduling Conference. The court will also set time limits for the hearing which usually is up to three (3) hours. The hearing can take into consideration issues like child custody and visitation, child support, alimony, and attorney’s fees. The purpose of this hearing is to maintain status quo and provide some immediate stability while the parties await their final trial.

At the PL hearing, the parties can each testify and call their own witnesses. They can also present evidence that will help substantiate their claims. To obtain more information about what a PL order means and how it may impact your case, please call us at (443) 741-2567 and we would be happy to answer all of your questions.

Child support is a court-ordered payment that is for the benefit of your child(ren). Once child support is established through a Maryland court order, the payor must pay their monthly child support payment. If child support is not paid, there are serious consequences which may include:

1. Wage garnishment;

2. Loss of driving privileges;

3. Repayment of the child support plus fines;

4. Possible jail time and fines if found in contempt of court.

If you are struggling to make your child support payments, you should file for a petition for modification of the current order as soon as possible. You will have to prove to the court as to why your child support should be modified.