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Introduction: The Problem of Non-Compliant Spouses
The scenario ranks among the most common fears of those who have custody arrangements: the other spouse refuses to comply with the terms of the order. Child custody arrangements can be customized to match the desires of the parents, and this is reflected in the custody order development process. Of course, parents cannot simply abdicate or remove their parental obligations, but the law allows parents to craft a schedule which at least takes account of their particular situation. Hence, parents can have joint physical custody, but create a unique schedule which is consistent with their other demands (i.e. education, employment, geographical location, etc.).
What happens when a parent simply fails to follow through with the terms of a custody order? How can the compliant spouse go about ensuring that the terms are followed, or that a non-compliant spouse is made to be held accountable after an alleged violation? In this post, we will discuss how Maryland courts handle these issues.
Solutions: Post-Judgment Enforcement Orders
When a spouse violates a given term of an order, the primary goal of the compliant spouse should be to enforce the terms of that order. The legal avenue to achieve this outcome is through a Motion to Enforce, which means a formal request for the court to take whatever actions need to be taken to create compliance. Ordinarily, this means that the court will adopt one of several commonly utilized methods, such as monetary penalties or jail time. Obviously, the particular method adopted in each case depends on the specific facts of that situation, and so the terms of an enforcement order can never be fully “predicted” or projected with absolute certainty. But, when the court is presented with sufficient evidence to confirm non-compliance, the court has the authority to take appropriate measures to correct the violation.
When a compliant spouse files a Motion to Enforce, the court will need to see evidence to develop an enforcement order. If satisfactory evidence be presented, the court will issue a contempt order which lays out precisely how the non-compliant spouse’s behavior will be handled. In handling these instances, Maryland courts have wide latitude in imposing suitable punishments; for example, in these cases, Maryland judges even have the ability to incarcerate non-compliant spouses for failure to make certain payments, something which contradicts the general rule of law in the U.S. regarding incarceration for failure to pay debts (or obligations).
Demand Compliance in Instances of Disobedience
No matter whether your ex-spouse fails to pay a child support obligation, or fully observe the physical parenting time requirements of an order, compliant spouses should never allow themselves to be bullied by non-compliance. The role of the court in these cases is to take the necessary steps to ensure that its terms are indeed followed, and this fact is reflected clearly in the court processes which lead to post-judgment enforcement orders. Whenever violations occur, parents need to demand compliance; to accept otherwise would be tantamount to allowing spouses to unilaterally take authority into their own hands. Willful non-compliance of that sort would be detrimental to the interests of family law and Maryland’s parenting culture in general.
When these situations arise, the services of an experienced family law attorney can be immensely valuable, because the steps and procedures for pursuing enforcement require considerable time and energy to finish. An attorney can assist with completing all the concrete steps which must be taken – gathering evidence, evaluating evidence, filling out the documentation, keeping track of deadlines, and so forth.
Contact the Murphy Law Firm for Additional Information
Readers who want additional information on judgment enforcement processes in Maryland, clarification or enforcement court orders, custody arrangements, or any other pertinent family law matter, contact one of the family law attorneys at the Murphy Law Firm today by calling 240-219-1187.
