Navigating post-divorce or separation life can be challenging, especially if your ex is not following a court order. Court orders are legally binding and can cover a wide range of issues from custody arrangements to spousal support and property division. When one party fails to comply, it can create stress and impact your life significantly and leave you asking, “What Happens When My Ex Doesn’t Follow the Court Order in Maryland?”
1.) Understanding Court Orders in Maryland
In Maryland, court orders related to divorce, child custody, child support, and alimony are binding agreements established by the court. Once the court issues these orders, or both parties enter their own agreement such as a Marital Separation Agreement into the court, both parties are legally obligated to follow them. Noncompliance can lead to serious consequences, both for the party not following the order and for those affected by it.
The most common types of court orders include:
- Child Custody and Visitation Orders: Define who the child will live with and establish a visitation schedule.
- Child Support Orders: Determine the financial contributions each parent must make for the child’s welfare.
- Alimony (Spousal Support) Orders: Outline payment obligations from one spouse to another.
- Property Division Orders: Specify how marital assets and liabilities are divided.
If your ex doesn’t comply with any of these orders, Maryland law provides several enforcement options.
2.) Common Types of Violations and Noncompliance
Noncompliance can look different depending on the type of order. Here are some common examples:
- Custody Violations: Not adhering to custody or visitation schedules, failing to notify you of a change in the child’s location, or withholding the child against the order.
- Child Support Violations: Not making required payments on time or only paying a portion of the required amount.
- Alimony Violations: Failing to pay spousal support as ordered.
- Property Division Violations: Refusing to transfer ownership or assets or interfering with your rights to jointly owned property.
3. Documenting Violations
Before taking legal action, document any instances where your ex is not complying with the court order. Here’s what you can do:
- Record Dates and Details: Document the dates, times, and nature of the violations in detail.
- Gather Evidence: For support and alimony non-payment, keep bank statements, pay stubs, and receipts. For custody issues, save messages, emails, or other communications.
- Witnesses: If applicable, have third parties who have observed the violations provide a written statement.
4. Legal Remedies Available in Maryland
If you have documented violations and wish to enforce the court order, Maryland law offers several remedies:
- Contempt of Court: Filing a contempt motion with the court is a common step. If the court finds your ex in contempt, they may face penalties, including fines or jail time. This is usually a last resort but can be effective in severe cases of noncompliance.
- Income Withholding Order: If your ex fails to pay child support or alimony, the court may issue an income withholding order to deduct payments directly from their wages.
- Modification of Custody/Visitation Orders: If the custody violation is severe or frequent, you may be able to petition for a change in the custody arrangement.
- Property Seizure or Garnishment: For missed alimony payments or unpaid support, you may be able to request garnishment of wages or seizure of property.
- License Suspension: In cases of unpaid child support, Maryland courts may suspend your ex’s driver’s license or even a professional license as an enforcement measure.
5. Filing a Contempt Motion: The Process
A contempt motion can be filed by your attorney, specifying the violations and requesting the court’s intervention.While it is possible to file a contempt motion without an attorney, navigating the Maryland court system and presenting a strong case can be complex. Consulting with a family law attorney is often beneficial, as they can guide you through the process, help gather necessary evidence, and advocate on your behalf.
7. Alternative Solutions: Mediation and Negotiation
If violations are minor or infrequent, attempting to resolve issues outside of court may be preferable. Mediation and negotiation can help parents establish new terms, and Maryland offers family mediation services that can help you reach mutually acceptable solutions. Although not legally binding, a mediation agreement can clarify expectations and minimize future conflicts.
Living with a noncompliant ex can be challenging, but you have several options for enforcing court orders in Maryland. By understanding the legal remedies available and taking the right steps to document violations, you can protect your rights and ensure your ex is held accountable. Whether you pursue mediation or legal action, being proactive can help you find relief and get back to a stable routine.
