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.