DANYELLE WALKER v. STATE OF MARYLAND
Court of Special Appeals, Zarnoch, Sept. 27, 2017,
Child Support- Criminal contempt for failure to pay an order of child support does not merge with the crime of failure to provide child support
Facts From the Case
Walker was charged with criminal contempt and failure to provide child support and tried before a jury in Frederick County.
At trial, evidence was presented that Walker only occasionally paid child support for his children.
A Department of Social Services (DSS) case-manager for Walker testified that DSS takes certain steps when a parent fails to make their required child support payments:
• DSS attempts to make contact with the parent
• then sends a demand letter
• then initiates bank garnishment,
• then directs suspension of the parent’s driver’s license
• then the State files for civil contempt
• Finally, they seek criminal contempt charges.
The DSS agent testified that all of these steps were taken to try to get Walker to pay child support, but Walker failed to do so from May 2013 to October 2015.
Walker testified that he was out of work for 32 months and looked for a job about two or three times a month.
Walker was convicted on all counts.
Walker then appealed, arguing that the State failed to prove that he intentionally failed to pay child support. Walker also argued that he shouldn’t be sentenced for both contempt and failure to pay child support when they stemmed from the same act.
Law from the Case
Held: The Court of Special Appeals disagreed. There was enough evidence to prove that Walker intentionally put himself in a position where he would not be able to pay child support.
Failure to Pay Child Support – It is a misdemeanor for a parent to willfully fail to provide for the support of his or her minor child (3 years/$100).
Contempt – An individual that refuses to comply with a judge’s order may be found to be in either direct or constructive contempt.
Direct Contempt – “Direct contempt” is committed in the presence of the trial judge or close enough to interrupt the court’s proceedings.
Constructive Contempt- All other versions of contempt are referred to as “constructive contempt.”
Contempt – Contempt can be either civil or criminal.
Constructive Criminal Contempt – Constructive criminal contempt charges may be filed by the court or by the State’s Attorney, the Attorney General, or the State Prosecutor.
Criminal Contempt- Criminal contempt requires proof that the suspect’s failure to obey the court order was “willful or intentional.”
Child Support- Criminal Contempt – Failure to pay child support can only result in a criminal contempt conviction if the failure to pay was “willful or intentional.”
Child Support- Criminal Contempt – Lack of compliance with child support orders is not enough to prove criminal contempt.
From the Case: There was enough evidence to prove “willful or intentional” failure to pay child support where: Walker earned income from a landscaping company during some months where he did not pay child support; 2) Walker only looked for a job 2-3 times a month; 3) Walker’s child’s mother testified that Walker made repeated promises to pay over the phone but failed to do so; and 4) DSS made increasingly vigorous efforts to collect child support.
Merger- A sentence “merges” when a defendant has been convicted of more than one crime, but can only be sentenced for one (or some) of them.
Merger- Merger of sentences can be done under the required evidence test, the rule of lenity, or principles of fundamental fairness.
Rule of Lenity- The rule of lenity is used in interpreting statutes if it’s unclear whether the legislature intended two crimes to be punished separately or with only one sentence.
From the Case: Because criminal contempt is a common-law offense, the rule of lenity does not apply.