Maryland has a strong policy supporting child support payments. Typically a custodial parent can ask to have the other parent’s wages garnished when the other parent fails to pay court-mandated child support. However, not all of the other parent’s funds can be garnished to pay off child support arrearages. In a 2010 case, a male custodial parent of two minors tried to garnish funds held by his wife’ s law firm. The money held by the law firm was compensation for a personal injury.
The Circuit Court held that money recovered from a personal injury lawsuit is exempt from garnishment. The ex-husband appealed. The Court of Special Appeals affirmed. The Court of Appeals reviewed the question of whether the personal injury settlement money is exempt from execution on a judgment.
The couple had married in 1985 and, after having two children, got a divorce. The court at that time did not provide for child support. A few years later, however, the mother was ordered to pay child support in the amount of $533.61 every month to the father who was the custodial parent. Continue reading