When a parent refuses to pay child support, it creates stress, financial strain, and legal complications. If your former spouse or co-parent has stopped paying child support in Maryland, you are not alone, and the law is on your side. As dedicated Maryland family law attorneys, we want you to know that there are concrete steps you can take to enforce your rights and ensure your children receive the support they are entitled to.
This article explains how Maryland courts handle non-payment of child support, the legal remedies available, and how a trusted family law attorney can guide you through the process.
Why Child Support Matters
Child support is not optional—it is a legal obligation. In Maryland, parents have a legal duty to provide financial support to their children. The amount is calculated based on several factors, including:
- Each parent’s income
- Custody arrangement
- Health insurance and medical costs
- Work-related childcare expenses
- Educational needs
The Maryland Child Support Guidelines are used as a baseline to determine what a parent should pay. When a parent stops making payments, it disrupts the child’s life.
Common Reasons a Parent Stops Paying
While there is no excuse for failing to comply with a court order, understanding why some parents stop paying can help inform the legal response. Common reasons include:
- Loss of a job or reduced income
- Willful refusal to pay out of spite or anger
- Disagreement with how the money is spent by the co-parent
- Financial hardship or bankruptcy
- Belief that support is no longer necessary
Regardless of the reason, a parent cannot simply decide to stop paying child support. If his or herfinancial situation changes, the proper legal course is to file a motion to modify the child support order. A family law attorney can help with that process—ignoring the order is never the answer.
Legal Consequences of Non-Payment in Maryland
If your former spouse or co-parentis behind on child support, you can take action. Maryland courts treat non-payment seriously, and the Maryland Child Support Enforcement Administration (CSEA) offers several enforcement tools.
Wage Garnishment
The court can order an employer to deduct child support payments directly from the paying parent’s paycheck. This ensures consistency and accountability.
Seizure of Tax Refunds
The state may seize your former spouse or co-parents’s federal or state tax refund to cover unpaid child support. These funds are applied to the child support arrears
License Suspension
Maryland can suspend driver’s licenses, professional licenses, or even recreational licenses (such as hunting or fishing) until the parent becomes current on payments.
Contempt of Court
Willfully ignoring a child support order can result in a contempt of court charge. If the court finds the non-paying parent in contempt, it can impose fines, order wage garnishment, or even impose jail time.
Property Liens and Seizure
A lien may be placed on a parent’s property, such as a home or vehicle. The state can also seize bank accounts or other assets to recover past due support.
Credit Reporting
Maryland can reportparents in child support arrears to the major credit bureaus, which can impact the parent’s ability to get a loan, rent housing, or qualify for financing.
What You Can Do If Your Ex Stops Paying
If you are not receiving court-ordered child support, you do not need to navigate the legal system alone. We work with clients in Montgomery County and across Maryland to protect their rights and hold nonpaying parents accountable. Here are the steps you can take:
1. Gather Documentation
Keep a detailed record of missed paymentsincluding due dates, amounts owed, and any communication from your former spouse or co-parent. These documents will help support your case.
2. Contact a Family Law Attorney
An experienced family law attorney can assess your situation, explain your options, and represent your interests in court. Whether you are seeking enforcement or modification of a child support order, legal help ensures your rights are adequately represented.
3. File a Complaint with the CSEA
Maryland’s Child Support Enforcement Administration can help initiate enforcement actions such as wage garnishment or license suspension. Your attorney can help you prepare and file the appropriate forms.
4. Petition the Court
If necessary, you can file a motion in court to enforce the child support order. If your former spouse or co-parent continues to willfully disobey the child support order, the court can impose conditions for the nonpaying parent to purge the contempt of court, and ultimately impose sanctions against the non-paying parent.
5. Seek Retroactive Payments
Maryland allows for the retroactive collection of unpaid child support pursuant to a child support order. This means you may be entitled to receive back payments.
How Long Can Back Child Support Be Collected?
In Maryland, there is not a statute of limitations on collecting backpayements for child support. You can still pursue collection even after your child reaches 18 years old. However, the court may in its discretion grant a lesser amount than the full arrears. It is important to reach out to an attorney and not wait on these issues.
What If My Former Spouse or Co-parent Moved Out of Maryland?
Many parents believe that moving to another state helps them avoid child support obligations. Fortunately, Maryland has tools to enforce orders across state lines. Under the Uniform Interstate Family Support Act (UIFSA), Maryland courts can work with other states to enforce payment.
This means that even if your former spouse or co-parentlives in another part of the country, their wages, tax refunds, and assets could still be targeted for collection. A family law attorney can help you navigate this multistate process and work with the appropriate agencies.
Can I Deny Visitation If My Ex Stops Paying?
This is one of the most common questions we hear as family law attorneys: “If they are not paying, do I have to let them see the kids?”
The short answer is yes. Child support and visitation are separate legal issues. Denying court-ordered visitation can backfire, even if your ex is not fulfilling their financial obligations. If you are frustrated and overwhelmed, speak to a lawyer before taking any action that could harm your case.
What If My Former Spouse or Co-parent Claims They Cannot Afford to Pay?
If your former spouse or co=parent experiences a genuine hardship—such as job loss, disability, or medical emergency—they have the right to petition the court for a modification. However, until the court approves a change, the original order remains legally enforceable.
Failing to pay based on an “assumed” reduction is not acceptable. If they stop paying without filing for modification, they remain responsible for all missed payments.
Work with a Child Support Attorney in Maryland
Enforcing child support is notabout money—it is about protecting your child’s well-being and financial security. We understand how frustrating and painful it can be when a co-parent ignores their child support obligations.
Our goal is to help parents resolve these issues with compassion, professionalism, and unwavering commitment to successful co-parenting. Whether through negotiation, enforcement, or court proceedings, we will advocate for you and your child every step of the way.
When to Seek Help
You should contact a family law attorney if:
- Your ex has missed multiple payments
- You are not sure how much is owed
- Your child’s needs have changed and support must be increased
- You need help modifying or enforcing an order
- You are concerned your former spouse or co-parent is hiding income or assets
FAQ: Child Support Non-Payment in Maryland
Can I file criminal charges if my ex does not pay child support?
While non-payment of child support is usually a civil matter, severe or willful violations may lead to criminal contempt charges. A family law attorney can help determine if your case constitutes criminal contempt.
Can child support be taken from my ex’s Social Security or disability payments?
Yes. In many cases, a percentage of child support payments can be deducted from Social Security Disability (SSD) or even retirement benefits. Supplemental Security Income (SSI), however, is generally protected.
Will the court forgive unpaid child support if my ex files for bankruptcy?
No. Child support debt is not dischargeable in bankruptcy. Your former spouse or co-parent will remain responsible, regardless of their financial status.
How can I collect child support if my ex works under the table?
It can be more difficult due to the lack of documented income, but not impossible. A family law attorney can help investigate hidden income and ask the court to impute income if your former spouse or co-parent is voluntarily impoverished.
What if my ex claims they never received the child support order?
Ignorance of a legal order is not a defense. If they were properly served and the court issued a valid order, they are obligated to pay. An attorney can help confirm service records and enforce the order.