Posted in Firm News
Missing child support payments hurts, and the financial strain is real. You’re juggling bills, trying to make ends meet, and the person who’s supposed to help support your child just isn’t paying.
So what can you actually do about it?
Understanding Your Rights Under Maryland Law
That child support order isn’t a suggestion. It’s a court order, which means it carries the full weight of the law behind it. When your ex stops paying, they violate a court order. I’ve had clients tell me their ex said they just can’t afford it right now, or they lost their job, or they’re mad about something custody-related. None of that matters. Until a judge signs off on a modification, those payments are still due. Every single one of them.
Document Everything
Before we do anything else, you need to start keeping records. Write down each missed payment with the exact date and amount. Save every text message where your ex makes excuses or promises to pay later. Keep emails. Screenshot your bank statements showing when payments should have come in but didn’t. When we go to court, having organized documentation makes all the difference. Judges want to see proof, not just your word against theirs.
Contact The Maryland Child Support Administration
Maryland has a state agency whose entire job is collecting child support. The Maryland Child Support Administration will work on your case for free, and they have some powerful tools at their disposal. You can go through them without hiring a lawyer, many people do, but when you work with Fait & DiLima, LLP, you get someone in your corner who’s focused entirely on your case.
The state agency can use several enforcement methods:
- Garnish wages straight from your ex’s paycheck
- Intercept tax refunds (state and federal)
- Suspend driver’s licenses
- Report the debt to credit bureaus
- Seize bank accounts when necessary
These tools work. I’ve seen people who ignored payment requests for months suddenly come up with the money when their license gets suspended.
File A Motion For Contempt
Sometimes you need the judge to get involved directly. That’s where a contempt motion comes in. We file paperwork that forces your ex to come to court and explain to a judge why they haven’t been paying. A Rockville child support lawyer handles this process for you. We prepare the motion, gather your documentation, and represent you at the hearing. Judges can impose fines. They can order immediate payment of all arrears. In serious cases, they can even order jail time. Most people start paying real quick once they’re sitting in a courtroom facing a judge who’s clearly not amused by their excuses.
Know What Won’t Help
Don’t withhold visitation because your ex isn’t paying support. It’s tempting, and it feels like the only leverage you have, but it will backfire on you. Maryland law treats child support and custody as completely separate issues. If you deny court-ordered parenting time, you’re the one violating a court order now. Also, don’t agree to informal payment plans outside of court. Your ex might promise they’ll catch up next month or the month after. But those verbal agreements mean nothing legally. Any change to the payment schedule has to go through the court.
When Your Ex Claims They Can’t Pay
Lost their job? Medical bills piling up? That still doesn’t let them off the hook. If your ex genuinely can’t afford the current support amount, they need to file a modification request with the court. Until a judge approves a lower payment, the original order stands. The arrears keep growing.
Some parents try to get creative. They’ll buy school supplies directly or pay for extracurricular activities, then claim they shouldn’t have to make support payments. Unless your court order specifically allows for direct payments like that, it doesn’t count.
Interest Adds Up Quickly
Maryland law tacks on interest to unpaid child support at 10% per year. The interest clock starts ticking from the date each payment was originally due. Not from when you file an enforcement action. Those interest charges can’t be waived without a judge’s approval. The total debt just keeps climbing every day your ex doesn’t pay.
Take Action Now
Unpaid child support doesn’t fix itself. In my experience, parents who stop paying rarely start up again without legal pressure. The longer you wait, the more money accumulates in arrears. This money isn’t for you, it’s for your child. They deserve that financial support, and Maryland law is on your side. A Rockville child support lawyer can sit down with you, look at your specific situation, and figure out the best enforcement approach. Contact our firm to talk through your options and get the collection process started.
