If you’re being investigated or prosecuted for criminal wrongdoing in Maryland, you may have a multitude of concerns for what your situation may mean for your future. Under such circumstances, knowledge is power. Empowered, informed people can plan for what may lie ahead with greater confidence.
For example, it’s important to understand that if you’re incarcerated in Maryland, your obligation to pay child support for any dependent children you may have will not automatically stop. Child support orders remain in effect unless they are modified by the courts.
Key considerations
Standing child support obligations continue unless they effectively “expire” when a child becomes an adult or the court issues a modification. This means that, even if you’re in jail, payment obligations will accrue if no action is taken. Failure to make payments can lead to significant arrears, which could result in financial hardship upon release. Interest may also be added to unpaid amounts, further increasing this kind of debt (which is not dischargeable in bankruptcy).
With that said, incarceration can be considered a significant change in circumstances that may justify a modification of your current child support order. Maryland law allows you to petition the court to lower or suspend your payments if you lack the ability to pay due to imprisonment. The court will evaluate your petition based on factors such as your income, the length of your incarceration, and your child’s ongoing needs. Keep in mind that modifications apply only to future payments; they will not eliminate arrears accumulated before the modification is granted.
Once released, you will still be responsible for any unpaid child support, including arrears accrued during incarceration if no modification was granted. Maryland courts may set up a payment plan to help you catch up while also resuming regular child support payments. Failure to address arrears can lead to additional legal consequences, including wage garnishment, loss of licenses or even re-incarceration.
This is just one more consideration if you’re facing a criminal charge. Incarceration can have serious consequences on your life. Having experienced legal guidance can help you work toward the best possible outcome.