Middleton v. Middleton

ROBERT M. BELL, Judge.

The issue presented in this case is whether Maryland Constitution, Article III, § 38, 1 prohibits use of civil contempt to enforce a defaulting parent’s court decreed child support obligation when the accrued arrearages have been reduced to judgment. The answer lies in the historical evolution of § 38 and case law.

I

In Brown v. Brown, 287 Md. 273, 412 A.2d 396 (1980), we considered the purpose of § 38 and of its various amendments to that time. As originally enacted, the Brown Court pointed out, “the provision simply read 'No person shall be imprisoned for debt’ ” and it…