When your ex violates a court order, you may be able to ask the court to hold them in contempt. In Maryland family law cases, contempt proceedings can be used to enforce orders involving custody, visitation, child support, alimony, and other court-mandated obligations. A successful contempt action may result in penalties and additional court orders designed to secure compliance.
What Does Contempt of Court Mean in Maryland?
Once a judge signs an order, both parties are expected to follow it unless the order is modified by the court.
Contempt of court occurs when someone knowingly fails to comply with a valid court order. In family law cases, this often involves situations where one party ignores obligations that have already been decided by the court.
Examples may include:
- Refusing to follow a custody or parenting time schedule
- Failing to pay court-ordered child support
- Violating an alimony order
- Refusing to comply with property-related provisions in a divorce judgment
Not every disagreement rises to the level of contempt. The violation generally must involve a clear court order and evidence that the person had the ability to comply but chose not to do so.
When Can You File a Motion for Contempt?
You may be able to file a motion for contempt when there is a specific court order in place and the other party is not following it.
For example, if your former spouse repeatedly refuses to exchange the children according to the parenting schedule, or stops making support payments despite having the ability to do so, the court may consider whether contempt is appropriate.
Before filing, it is often helpful to gather documentation showing the violation. Text messages, emails, payment records, calendars, and other records can help demonstrate a pattern of noncompliance.
How Does the Court Determine Whether Contempt Occurred?
The court will generally review several factors before finding a person in contempt.
First, there must be a valid and enforceable court order. Second, the person accused of contempt must have known about the order. Finally, the court must determine whether the violation was willful.
In some situations, a person may argue that they could not comply due to circumstances beyond their control. For example, a parent who loses employment may claim they lacked the financial ability to make support payments. The court will examine the facts carefully before deciding whether contempt occurred.
What Happens if the Court Finds Your Ex in Contempt?
The consequences depend on the nature of the violation and the circumstances of the case.
A Maryland court may:
- Order compliance with the original order
- Require payment of overdue support
- Award attorney’s fees in certain situations
- Impose fines or other sanctions
- Establish additional requirements to prevent future violations
The court’s primary goal is often to secure compliance rather than punish a party. However, repeated or serious violations can lead to increasingly significant consequences.
Can Contempt Be Used to Enforce Child Custody Orders?
Yes. Custody and visitation disputes are among the most common reasons parents seek contempt remedies.
If one parent repeatedly interferes with parenting time, refuses scheduled exchanges, or otherwise violates a custody order, the other parent may ask the court to intervene. Depending on the facts, the court may enforce the existing order, award makeup parenting time, or take additional steps to address ongoing violations.
Because custody disputes directly affect children, courts often look closely at whether a parent’s conduct is undermining the child’s relationship with the other parent.
What Should You Do if a Court Order Is Being Ignored?
If your ex is violating a court order, it is important to document what is happening and avoid taking matters into your own hands. Ignoring the order yourself or engaging in retaliatory conduct can create additional problems.
Instead, keep detailed records, preserve communications, and seek legal guidance about the available enforcement options. In many cases, timely action can help prevent violations from becoming an ongoing pattern.
Take Action When Court Orders Are Not Being Followed
Court orders are only effective when both parties comply with them. If your former spouse is ignoring a custody order, failing to pay support, or refusing to follow another family court order, you do not have to simply accept the situation.
Darin L. Rumer represents individuals throughout Maryland in divorce, custody, support, and post-judgment enforcement matters. We can evaluate your situation, explain your options, and help you pursue appropriate court action when an order is being violated. Contact us today to discuss your case.