# Family Law (GFL)

## Title 10. Support in General

### Subtitle 2. Criminal Nonsupport and Desertion

#### Section 10-201

(a) A spouse may not willfully fail to provide for the support of the other spouse, without just cause.

(b) An individual who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 3 years or both.

(c) If an individual is convicted under this section, the court may order the individual to pay any fine wholly or partly to the spouse.

#### Section 10-202

(a) Before trial and with the written consent of the accused individual, or on conviction of the individual under Sec. 10-201 of this subtitle, instead of or in addition to imposing a penalty under Sec. 10-201 of this subtitle, the court may:

  (1) order the individual to pay spousal support periodically in a certain amount for 3 years; and

  (2) place the individual on probation on the individual's entering into a recognizance.

(b) In passing the order, the court shall consider the financial circumstances of the accused individual.

(c) The accused individual shall make the payments to the spouse directly or through the appropriate support enforcement agency.

(d) The court may modify the order as circumstances require.

#### Section 10-203

(a) A parent may not willfully fail to provide for the support of his or her minor child.

(b) A parent may not desert his or her minor child.

(c) An individual who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 3 years or both.

#### Section 10-204

(a) Before trial and with the written consent of the accused individual, or on conviction of the individual under Sec. 10-203 of this subtitle, instead of or in addition to imposing a penalty under Sec. 10-203 of this subtitle, the court may:

  (1) order the individual to pay child support periodically in a certain amount for 3 years, or, if there is an agreement with respect to support of the child, order the individual to make payments as provided in the agreement; and

  (2) place the individual on probation on the individual's entering into a recognizance.

(b) In passing the order, the court shall consider the financial circumstances of the accused individual.

(c) The accused individual shall make the payments:

  (1) to the person who has custody of the minor child, through the appropriate support enforcement agency; or

  (2) if there is an agreement with respect to support of the child, to the recipient designated in the agreement.

(d) The court may modify the order as circumstances require.

#### Section 10-205

(a) A recognizance ordered by the court under Sec. 10-202 or Sec. 10-204 of this subtitle shall be:

  (1) in an amount that the court directs; and

  (2) on the conditions that:

    (i) if the individual is summoned to appear by the court within the 3-year probationary period, the individual shall appear; and

    (ii) the individual shall pay support as ordered by the court.

(b) During the 3-year probationary period, if an individual fails to pay support under the court's order, the court may proceed to try or sentence the individual.

(c) The court may order that a forfeited recognizance be paid wholly or partly as provided in Sec. 10-202(c) or Sec. 10-204(c) of this subtitle, as appropriate.

#### Section 10-206

(a) An order to pay support under this subtitle is a lien on the earnings of the accused individual.

(b) The court shall send a certified copy of each order that establishes a lien on earnings to the appropriate support enforcement agency. The support enforcement agency shall notify the individual's employer of the lien.

(c) On receipt of notice of the lien from the support enforcement agency, the employer shall:

  (1) on a regular basis, deduct the amount of the lien from the individual's earnings; and

  (2) send the deducted amount to the support enforcement agency.

#### Section 10-207

(a) If the court sentences an individual who is convicted under Sec. 10-201 or Sec. 10-203 of this subtitle to the jurisdiction of the Division of Correction, the court may order the Commissioner of Correction:

  (1) to deduct an amount from any earnings of the individual; and

  (2) to pay that amount at certain intervals:

    (i) as provided in Sec. 10-202(c) of this subtitle, if the individual is convicted of nonsupport of the individual's spouse under Sec. 10-201 of this subtitle; or

    (ii) as provided in Sec. 10-204(c) of this subtitle, if the individual is convicted of nonsupport or desertion of the individual's minor child under Sec. 10-203 of this subtitle.

(b) During the defendant's imprisonment, the court may modify or revoke the order.

#### Section 10-208

(a) An individual who is charged with nonsupport of the individual's spouse may be prosecuted in the jurisdiction where the individual or the spouse resides.

(b) An individual who is charged with nonsupport or desertion of the individual's minor child may be prosecuted in the jurisdiction where the individual or the individual's minor child resides.

#### Section 10-209

The commencement of a civil action for child support does not affect the jurisdiction of the court in a criminal action for nonsupport or desertion.

#### Section 10-212

This Part II of this subtitle applies only to Baltimore City.

#### Section 10-213

(a) On receipt of a complaint or on personal knowledge or information that an individual has violated Sec. 10-201 or Sec. 10-203 of this subtitle, the State's Attorney, a deputy State's Attorney, or an assistant State's Attorney may hold a pretrial inquiry.

(b) In connection with any pretrial inquiry under this section:

  (1) the State's Attorney may issue a summons that requires a person other than the accused individual to appear, to testify, and to produce documents connected to the inquiry; and

  (2) the State's Attorney, a deputy State's Attorney, or an assistant State's Attorney may:

    (i) administer oaths;

    (ii) examine witnesses; and

    (iii) receive evidence.

(c)

  (1) If a person fails to obey a summons, or fails to testify or comply with a request of the State's Attorney, a deputy State's Attorney, or an assistant State's Attorney, the State's Attorney may request the circuit court to order the person:

    (i) to obey the summons;

    (ii) to testify; or

    (iii) to produce any document that the court considers necessary for the inquiry.

  (2) If a person fails or refuses to obey the order of court after the order has been served, the person is in contempt of court and the court may punish the person for the contempt.

  (3) A finding of contempt under this subsection is subject to appeal.

#### Section 10-214

Before the State's Attorney conducts an inquiry under Sec. 10-213 of this subtitle, the State's Attorney shall notify the accused individual in writing of:

(1) the time and place of the inquiry;

(2) the accused individual's right to appear at the inquiry and to produce evidence or information that relates to the matters examined; and

(3) the accused individual's right to testify if the individual:

  (i) notifies the State's Attorney of the individual's desire to testify; and

  (ii) signs a waiver that permits the individual's testimony to be used against the individual in any later trial that arises from the inquiry.

#### Section 10-215

(a) After a pretrial inquiry before the State's Attorney, a deputy State's Attorney, or an assistant State's Attorney, the State's Attorney may:

  (1) file an information that charges the accused individual with nonsupport or desertion, as appropriate; or

  (2) seek an indictment that charges the accused individual with nonsupport or desertion, as appropriate.

(b) After an information is filed and before trial, the court, with the written consent of the accused individual, may pass an order under Sec. 10-202 or Sec. 10-204 of this subtitle.

(c) If the accused individual fails or refuses to consent to a court order being passed, the individual has a right to be tried on the charge.

#### Section 10-216

(a) The clerk of the court shall keep a docket known as the "domestic information docket".

(b) The domestic information docket shall contain the records and orders of each case brought under this Part II of this subtitle.

#### Section 10-219

(a) An individual who has care, custody, or control of a minor child may not desert the child:

  (1) with the intent that the child become a public charge; or

  (2) without providing for the child's support for at least 3 years by a responsible individual or a licensed child care facility.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 1 year.

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Md. Code Ann., Fam. Law (as displayed at mgaleg.maryland.gov, October 16, 2026)