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MIDDLETON v. MIDDLETON

No. 36, September Term, 1992.

329 Md. 627 (1993)

620 A.2d 1363

CRYSTAL R. MIDDLETON v. BRIAN K. MIDDLETON.

Court of Appeals of Maryland.

March 16, 1993.

Attorney(s) appearing for the Case

Jane C. Murphy (Carolyn W. Evans, and Cynthia Dietz, Student Attys., on brief), Baltimore, for appellant.

Jill Coleman, amicus curiae, for Organization for the Enforcement of Child Support, Inc.

Karen R. Johnson (C. Christopher Brown, Brown, Goldstein & Levy, on brief), Baltimore, for appellee.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI, and ROBERT M. BELL, JJ.

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

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