Maryland Motion for Contempt
Maryland calls this a Petition for Contempt that opens with a court-issued Show Cause Order, and a support case carries a heightened proof standard most states do not use.
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Introduction
Maryland enforces a family court order through a Petition for Contempt, which asks the same Circuit Court that entered the order to issue a Show Cause Order directing the other parent to appear. This is constructive civil contempt under Md. Rule 15-206, filed under the same case number as the underlying support, custody, or visitation order rather than as a new lawsuit. The judiciary publishes CC-DR-112, a general Petition for Contempt covering any violated family order, and CC-DR-002, an older support-specific version; if you use one, the court's form controls. You cannot serve the petition and Show Cause Order yourself. The judiciary's instructions list service by the sheriff, by a private process server who is at least 18 and not a party, or by certified mail with restricted delivery signed personally by the other parent; if the other parent has already appeared as a party in the case, service may instead be made in the manner the court prescribes. The hearing date must allow reasonable time to prepare and cannot be less than 20 days after any prehearing conference the court schedules, and the other parent's written answer is generally due at least 10 days after being served. For a support violation, Maryland uses a special standard that does not apply to custody or visitation contempt: you must first prove by clear and convincing evidence that the other parent has not paid the amount owed. Only after that showing does the burden shift to the other parent to prove, by a preponderance of the evidence, that they never had the ability to pay more than they actually paid and made reasonable efforts to find or keep work. If you ask the court to order incarceration, the Show Cause Order must carry a statutory right-to-counsel warning. Maryland sets no fixed number of days a contemnor can be jailed; civil contempt is coercive, not punitive, and a court may order incarceration only if the other parent has the present ability to purge the contempt by complying, so a parent who genuinely cannot pay generally cannot be jailed under this rule. A support contempt order must state the arrearage, any sanction, and how the contempt can be purged. The court may award just and proper costs and attorney's fees to either party under Md. Code, Family Law Section 12-103, and if it finds a party's position lacked substantial justification, an award becomes mandatory absent good cause. For a denied-visitation problem, the court may, but is not required to, reschedule the visitation, modify the order, or assess costs and fees under Family Law Section 9-105. Do not stop paying support because parenting time was denied, and do not deny parenting time because support is unpaid; either can itself be treated as contempt. The Maryland Department of Human Services, Child Support Administration, can pursue income withholding, tax-refund interception, credit reporting, and license actions without a contempt filing, and every Maryland support order entered since July 1, 1985 already operates as an automatic income-withholding order; a driver's license can also be suspended after 60 days of arrears unless the obligor's income is at or below 250 percent of the federal poverty guidelines. This page does not cover modifying support or custody; use DocDraft's child support modification and parenting plan pages for that. If there is domestic violence or a safety risk, use DocDraft's getting a restraining order guide instead of this motion. Attorney review is available before you file.
Key Things to Know
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Maryland calls this a Petition for Contempt, which asks the Circuit Court to issue a Show Cause Order under Md. Rule 15-206. The judiciary publishes CC-DR-112 (general) and CC-DR-002 (support-specific); if you use one, the court's form controls.
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You cannot serve the petition yourself. The judiciary's instructions list service by the sheriff, a private process server at least 18 and not a party, or certified mail with restricted delivery signed personally by the other parent; if the other parent has already appeared in the case, the court may prescribe the manner instead. The hearing cannot be set less than 20 days after any prehearing conference, and the other parent's written answer is generally due at least 10 days after service.
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Maryland's support contempt standard does not apply to custody or visitation contempt. In a support case, you must first prove nonpayment by clear and convincing evidence before the burden shifts to the other parent to prove, by a preponderance of the evidence, an inability to pay and reasonable efforts to find or keep work.
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If you ask the court to jail the other parent, the Show Cause Order must include a statutory right-to-counsel warning. Maryland sets no fixed cap on days of civil-contempt incarceration, but a court may order it only if the other parent currently has the ability to purge the contempt by complying, and a support contempt order must state how the contempt can be purged.
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The court may award costs and attorney's fees to either party under Family Law Section 12-103; if it finds a party's position lacked substantial justification, an award becomes mandatory absent good cause. For denied visitation, the court may, but does not have to, reschedule the missed time or assess costs and fees under Family Law Section 9-105.
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Do not stop paying support because parenting time was denied, and do not deny parenting time because support is unpaid; either one can itself be treated as contempt of the underlying order.
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The Maryland Department of Human Services, Child Support Administration, can pursue income withholding, tax-refund interception, and license actions without a contempt filing. Every support order entered since July 1, 1985 already operates as an automatic income-withholding order, and a driver's license can be suspended after 60 days of arrears unless the obligor's income is at or below 250 percent of the federal poverty guidelines.
Key decisions before you file
Before you file a Motion for Contempt in Maryland, a few decisions shape the document: which option to choose and what each one means. The Motion for Contempt guide walks through them.
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Maryland Requirements for Motion for Contempt
Petition for Contempt and Show Cause Order, Official Forms
Maryland enforces family orders through a Petition for Contempt under Md. Rule 15-206, which the Circuit Court answers with a Show Cause Order. The judiciary publishes CC-DR-112 (general) and CC-DR-002 (support-specific); the court's form controls if one is used.
No Self-Service, Sheriff or Process Server or Restricted-Delivery Mail
The filer cannot serve the petition personally. The judiciary's instructions list service by the sheriff, by a private process server who is at least 18 and not a party, or by certified mail with restricted delivery signed personally by the other parent; if the other parent has already appeared as a party, the court may prescribe the manner of service.
Twenty-Day Hearing Notice and Ten-Day Answer Period
The hearing cannot be scheduled less than 20 days after any prehearing conference the court sets, and the other parent's written answer is generally due at least 10 days after service of the order, under Md. Rule 15-206(c)(2), (d).
Heightened Proof Standard for Support Contempt
A support violation requires the petitioner to first prove nonpayment by clear and convincing evidence, after which the burden shifts to the respondent to prove inability to pay and reasonable job-seeking efforts by a preponderance of the evidence, under Md. Rule 15-207(e)(2)-(3). This scheme does not apply to custody or visitation contempt.
Right-to-Counsel Warning When Jail Is Sought
If the petitioner asks the court to order incarceration, the Show Cause Order must include a statutory right-to-counsel warning under Md. Rule 15-206(c)(2)(C).
No Fixed Jail Cap, Purge Condition Required
Maryland sets no fixed number of days for civil-contempt incarceration. Jail may be ordered only if the contemnor currently has the ability to purge the contempt by complying, and a support contempt order must state the arrearage, any sanction, and how the contempt may be purged, under Md. Rule 15-207(e)(4).
Discretionary Fees and Make-Up Parenting Time
The court may award costs and attorney's fees to either party under Family Law Section 12-103(a); under Section 12-103(c), an award becomes mandatory absent good cause if the court finds a party's position lacked substantial justification. For denied visitation, the court may, but is not required to, reschedule the missed time, modify the order, or assess costs and fees under Family Law Section 9-105.
Identify the Order, Violations, and Requested Relief
The petition must identify the order allegedly violated with its date and case number, what the order granted, whether a copy is attached, how the respondent failed to comply with dates and amounts, and whether the petitioner is asking the court to order incarceration.
Signature Under Oath, Not a Separate Notarized Affidavit
The petition is signed under oath rather than sworn before a notary as a separate affidavit; the filer's signature itself certifies that the statements are true and correct to the best of their knowledge.