Debtor’s Prison
“If your guy doesn’t pay his alimony, we’ll file a motion for contempt and you can tell him we’ll be asking for jail time,” said Sobel, who was representing the ex-wife. He didn’t like the ex-husband’s attorney, Caster, ever since he had yelled at Sobel and hung up on him in another case years ago. Sobel had a long memory.
“Come on, Sobel,” Castor said. “The judge is not going to put my guy in jail. It’s contractual alimony, not court ordered alimony.”
“Whadya mean, Castor? The Agreement is incorporated into the Divorce Decree. That makes it a court order. And your client has failed to comply with it.”
“Well there is no imprisonment for debt in Maryland. Check the state constitution, Sobel.”
“You check it, Castor. I’ve got it right here. Section 398 of Article III says ‘No person shall be imprisoned for debt, but a valid decree of a court of competent jurisdiction or agreement approved by decree of said court for the support of a wife or dependent children or for alimony shall not constitute a debt within the meaning of this section.’
“Sobel, me and my client will, as they say, see you in court.”
“Tell your client to bring his checkbook or a toothbrush, Castor, for when he goes to the slammer.”