Baltimore County Family Law Default Hearings
Maryland Family Law Default Hearings
Baltimore County Family Lawyer: Default Hearings in Divorce, Custody, and Child Support
When a spouse or parent is served with a complaint for divorce, child custody, or child support and fails to file a response within the required time, the Circuit Court for Baltimore County may schedule a default hearing. Typically, in Maryland, the responding party has 30 days if served in-state and 60 days if served out-of-state to file an answer. Failing to respond within this period allows the filing party to request an Order of Default pursuant to Maryland Rule 2-613.
Although many court hearings shifted to virtual formats due to COVID-19, the Circuit Court for Baltimore County continues to hold default hearings in person at the courthouse in Towson, especially if the defaulting party is unrepresented. This means you should plan to appear in person at your default hearing.
Understanding Default Hearings in Maryland Family Law
A default hearing occurs after an Order of Default has been entered because the responding party did not answer the complaint. However, obtaining a default judgment is not automatic. Maryland law requires you to present sufficient evidence supporting your claims, whether for divorce, custody, or child support. Testimony under oath is always necessary, even if the other side never appears.
Default Divorce Hearings in Baltimore County
Under Maryland Rule 9-209, the court requires testimony in person before granting a divorce, annulment, or alimony. Even in a default scenario, the judge or magistrate must hear from you directly to establish grounds for divorce, address property division, and resolve alimony or child support issues. Without proper testimony and evidence, the court cannot grant a judgment in your favor.
Default Child Custody Hearings
Maryland law explicitly disfavors awarding custody on a default basis. The child’s best interests remain the central concern, and the court must consider all relevant factors carefully. Even if one parent fails to respond, the court will require comprehensive testimony about the child’s needs, the parent-child relationship, and why the requested custody arrangement serves the child’s best interests. Maryland appellate courts have consistently ruled that a full evidentiary hearing on custody matters is essential, even in default situations (Flynn v. May, 157 Md. App. 389; Wells v. Wells, 168 Md. App. 382).
Default Child Support and Financial Orders
Child support cases proceed similarly. The court will determine an appropriate child support amount based on available evidence of incomes and expenses. Even without participation from the other party, the court will rely on your testimony and any supporting financial documents provided. Once set, default child support orders are enforceable through various means, including contempt proceedings.
Distinguishing Default from Civil Contempt
A default involves failing to respond to a lawsuit, while civil contempt involves failing to comply with an existing court order. Civil contempt actions under Maryland Rules 15-203 and 15-206 are designed to compel compliance with court orders rather than punish the party in default proceedings.
Baltimore County Default Hearing Procedures
In Baltimore County, after the Order of Default is entered, the court sets your default hearing date. You will receive a notice directing you to appear at the Towson courthouse. At the hearing, you or your attorney will present testimony under oath and submit necessary evidence. Judges or magistrates are experienced with default cases but cannot provide legal guidance—making preparation essential.
Why You Need an Experienced Baltimore County Family Lawyer
Having an attorney during default proceedings ensures your case is presented clearly, effectively, and accurately. An experienced Baltimore County family lawyer will manage procedural requirements, present compelling testimony, and protect your rights—whether pursuing a default judgment or defending against one.
Contact Our Towson Family Law Office Today
Default hearings are crucial moments in your divorce, custody, or support case. Ensure your interests and your children’s well-being are fully protected. Call the Law Offices of Amar S. Weisman at (410) 321-4994 to schedule your confidential consultation. We provide authoritative, dedicated representation throughout Baltimore County family law proceedings.
Please Call (410) 321-4994 during business hours to schedule a free consultation to decide whether you want to retain Amar S. Weisman. The firm does not accept pro bono clients at this time. To have legal services and advice, you must pay a retainer, See Policy on Fees/Costs. The law firm is located in the heart of Towson near The Circuit Court For Baltimore County, Towson Town Center, Goucher College and Towson University, at 1018 Dulaney Valley Road (MD-146), Second Floor Towson, MD 21204. We represent clients throughout the Baltimore area, including Aberdeen, Abingdon, Baldwin, Bel Air, Bowleys Quarters, Brooklandville, Carney, Catonsville, Cockeysville, Edgewood, Essex, Garrison, Glen Arm, Greenspring Valley, Homeland, Hunt Valley, Hydes, the Joppa Road Corridor, Kingsville, Long Green, Lutherville, Middle River, Nottingham, Owings Mills, Parkville, Pikesville, Perry Hall, Reisterstown, Riderwood, Rodgers Forge, Rosedale, Ruxton, Sparks, Sparrows Point, Stoneleigh, Timonium, Towson, West Towson, White Hall, White Marsh, and the York Road corridor. We have also represented several out-of-state clients. The law firm does not guarantee the results in any matter.
