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Material change in circumstances, contempt, and why an informal agreement does not change a court order.
A divorce judgment is not always the end of the matter. Children grow, incomes change, people move, and orders that made sense five years ago sometimes stop working. Maryland allows certain orders to be changed, and provides remedies when someone simply refuses to follow one.
The first thing to settle is which problem you actually have, because enforcement and modification are different remedies with different requirements.
Choosing the wrong one wastes time. If a parent is withholding the children in violation of a schedule that still works, that is enforcement. If the schedule itself no longer fits because a parent moved 90 minutes away, that is modification. Sometimes you need both.
Maryland does not reopen orders because a party is dissatisfied. The moving party must generally show a material change in circumstances since the last order, and for custody, that the change affects the child’s best interests.
Typical grounds include a parent’s relocation, a substantial change in a parent’s work schedule or living situation, a change in the child’s needs as they age, or serious concerns about a child’s welfare in one household. A child growing older is not by itself automatically a material change, though a teenager’s needs and preferences can carry weight. See custody and parenting plans.
A meaningful change in either parent’s income, a change in the parenting schedule that crosses the shared custody threshold, or a change in child care, health insurance or extraordinary medical costs can each support modification.
One point causes real damage and is worth stating plainly: support does not adjust itself, and a private agreement between parents to pay a different amount does not change a court order. Arrears can build for years while both parents believe they had an understanding. If the number should change, change the order. See child support.
Court ordered alimony may generally be modified on a showing of changed circumstances. However, parties can agree that alimony is non-modifiable, and courts will usually enforce that agreement. Whether your alimony can be revisited depends on what your agreement and judgment actually say. See alimony and spousal support.
Unlike custody and support, the division of marital property in a final judgment is generally not modifiable. That is one reason it is worth getting right the first time. See property and debt division.
Where a party is not complying, the available approaches include filing a motion to enforce, and in appropriate cases a petition for contempt. Courts have a range of tools for support enforcement, and Maryland’s child support program has separate administrative enforcement mechanisms.
Two practical notes. Documentation is decisive: keep records of missed payments, missed exchanges and communications. And withholding access because support was not paid, or withholding support because access was denied, is not a lawful remedy. Both tend to harm the position of the person doing it.
Whether your settlement agreement was incorporated into the judgment, merged into it, or left as a standalone contract determines how its terms are enforced and whether they can be modified. This is technical, it varies by provision, and it is worth having reviewed before you file anything. See separation and marital settlement agreements.
Every divorce and custody matter turns on its own facts. The Law Office of Thomas K. Mallon, LLC offers a free consultation so you can get straight answers about your situation before you decide what to do next.
Call (410) 847-9075 or request a consultation online. The office is at 1107 Kenilworth Drive, Suite 305, Towson, MD 21204.
This page provides general information about Maryland law. It is not legal advice, and reading it does not create an attorney-client relationship. Maryland law changes, and how it applies depends on the facts of your case.