2504

LAWS OF MARYLAND

Ch. 649

Child and Spousal Support - Statute of Limitations

FOR the purpose of establishing a 3 year limitation for
commencing a contempt-of-court action against a parent
in default on court-ordered child support or against a
spouse in default on court ordered spousal support.

BY adding to

Article 16 - Chancery

Section 5C

Annotated Code of Maryland

(1973 Replacement Volume and 1980 Supplement)

BY adding to

Article - Courts and Judicial Proceedings

Section 5-111

Annotated Code of Maryland

(1980 Replacement Volume and 1980 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 16 - Chancery

5C.

(A) EXCEPT AS PROVIDED BY THIS SECTION, A PROCEEDING
TO HOLD A PARENT PERSON IN CONTEMPT OF COURT FOR THE
PARENT'S PERSON'S DEFAULT IN PAYMENT OF PERIODIC CHILD OR
SPOUSAL SUPPORT UNDER THE TERMS OF A COURT ORDER SHALL BE
COMMENCED WITHIN 3 YEARS OF THE DATE EACH INSTALLMENT OF
SUPPORT BECAME DUE AND REMAINED UNPAID. IF THE PARENT IN
ARREARS WAS ABSENT FROM MARYLAND AT THE TIME ANY INSTALLMENT
BECAME DUE, IT IS SUFFICIENT IF SUCH PROCEEDING IS COMMENCED
WITHIN 3 YEARS OF THE DATE OF THE PARENT'S RETURN TO THIS
STATE.

(B) THIS SECTION DOES NOT APPLY IF A COURT DETERMINES
THAT THE PARTY INSTITUTING THE CONTEMPT PROCEEDING WAS
JUSTIFIED IN FAILING TO TAKE ACTION WITHIN THE 3-YEAR PERIOD
TO ENFORCE THE DEFAULTING PARENT'S OBLIGATION TO ABIDE BY
THE TERMS OF THE CHILD SUPPORT ORDER.

Article - Courts and Judicial Proceedings

5-111.

A PROCEEDING TO HOLD A PERSON IN CONTEMPT OF COURT FOR
THE PERSON'S DEFAULT IN PAYMENT OF PERIODIC CHILD OR SPOUSAL
SUPPORT UNDER THE TERMS OF A COURT ORDER SHALL BE COMMENCED
WITHIN 3 YEARS OF THE DATE EACH INSTALLMENT OF SUPPORT

BECAME DUE AND REMAINED UNPAID.