subject: Enforcing Child Support - Maryland [print this page] Legal system in Maryland provides custodial parent complete assistance, if the non-custodial parent fails to comply with court order on child support. An aggrieved parent can seek help from Government agencies to force non-custody parent to pay or bring civil contempt action on him/her.
Maryland has a well-placed system for enforcing the child support. If the court has awarded you to receive child support payments on behalf of a child, and the non-custodial parent is behind the obligation, there are several steps you can take to enforce the order.
You can seek assistance of the local child support agency to enforce the order. Each Maryland county has a child support enforcement agency that can assist custodial parent to collect child support from the other parent. You can authorize the agency to collect the child support on your behalf, as reimbursement for the cash assistance you are receiving from the State.
The agency can help those parents as well that do not receive public assistance. It can use several tools to force the non-complying parent to pay:
* Report parents owing past-due support to credit bureaus.
* Deduct child support from wages and unemployment benefits, workers compensation claims, etc.
* Intercept federal and state tax refunds to pay child support arrears.
* Get their drivers license suspended.
* Intercept lottery winnings to pay child support arrears.
* Garnish accounts at financial institutions.
* Get their professional or recreational license suspended.
* Deny the issuance or renewal of a passport.
Wage Assignment is a useful tool if the defiant parent holds a steady job. Under it, the court can order an employer to deduct the child support from the wages of the supporting parent and make direct payments to the custodial parent. Notice of Wave Assignment action must be served to the paying parent's employer.
If the non-paying parent moves out of state to avoid the child support obligation, the law allows you to use the resources of the Federal Government to locate him/her. The Federal Government of the United States has created the Parent Locator Service to trace the non-compliant parent. Once found, the state can collect unpaid support from tax refunds or other benefits.
The last resort is to bring contempt of court action against the non-paying parent. Cases, when non-custodial parents move to another state to avoid paying child support, are referred for federal prosecution. The court can order seizure of the assets of the nonpaying parent such as real property, bank accounts, stock, car or any other property. If you are forced to use this method of enforcing child support, you need to find a law firm that can present your case effectively in the courtroom.
When the custodial parent brings civil contempt action, the non-paying parent is served notice to appear at the hearing and present a defense. In case of non-appearance, the court can order a bench warrant to get him/her arrested. If the court finds that the person has willfully defied child support order, it can jail him/her. If they show that the violation was not willful (they did not have the ability to pay), he/she will not be jailed but continue to owe the money.
For child support Maryland law provides a variety of means to enforce court judgments. As the legal terms and the procedures are unfamiliar to the regular people, finding legal help is important. Their skilled attorneys work closely with clients to chalk out a case specific strategy.
