In Maryland, Child Support and Visitation are separate and distinct legal obligations that is specifically address in Maryland Code, Family Law §9-105.   This Law states that failure to pay child support is NOT a justification to deny visitation.


If the Other Party is not paying you child support, your legal options are to File a Petition For Child Support, if there is no Order for this, file a Motion To Modify Child Support, if there is already and Order, but you would like it changed, or to file a Petition For Contempt, if there is an Order for child support, but they have not been following this Order.   --Denying the Other Party visitation in retaliation to them not paying child support, for no reason other than this, is NOT a legal option in Maryland.


Key points regarding this Law include:


  •   Unjustified Denial:   Refusing visitation due to non-payment is considered "unjustified."


  •   Court Remedies:   If you deny Visitation for this reason, the Court can order make-up time, modify the custody order, and assess legal fees against you


  •   Independent duties:   The Child's right to support and the parent's right to access are not contingent upon each other; both must be followed as separate Court Orders.



If there is an Order for Custody and Visitation and you do not follow this Order for a reason that is considered "justified," such as it being dangerous to the child, you risk the Other Party filing a Petition For Contempt, a Show-Cause Hearing being ordered, and you possibly being found in Contempt Of Court.


If you are found in Contempt Of Court, you may be ordered to pay the Other Party's attorney's fees, and even possibly being sentenced to jail time until you comply with the Order.


There are two kinds of Contempt:   Direct (done in the Judge's presence) and Indirect (done outside of the Judge's presence)


You could also be found to be in Contempt Of Court in Maryland if you refused to pay Alimony or Child Support when there is a Court Order for you to do so.


Debt that is related to Maryland Family Law, such as Child Support, Alimony, and Monetary Award, is not treated like other debt in that you cannot be released from the debts through filing for bankruptcy and a judge could possibly issue an Order for jail time for you if you refuse to pay these debts.


In Maryland, your driver's license and/or state-issued professional license can possibly be suspended for failure to pay Child Support.


If something has happened to cause you to become unable to abide by a Family Law Order, it would be in your best interest to consult a Family Law attorney as soon as possible.


If you have received Notice of a Show-Cause Hearing For Contempt for failure to follow a Maryland Family Law Court Order, it would be in your best interest to consult a Maryland Family Law attorney as soon as possible.


*The laws summarized on this page and anywhere else on this website are very general and are not meant to replace Legal Advice, which would take into consideration the individual unique details that may be involved in your particular case.


**The laws summarized on this page and anywhere else on this website may also change at any time without notice, and so may become outdated, as Maryland laws do change from time to time.