reglab/housing_qa huggingface dataset:
MD. Family Law Code Ann. §  10-114 (2021)
2021 Maryland Statutes|Family Law|Title 10 - Support in General|Subtitle 1 - Civil and Criminal Enforcement|Part II - Child Support Administration|Section 10-114 - Duties of Secretary of Human Services

    (a)    The Secretary of Human Services shall:        (1)    adopt rules and regulations for the collection of support;        (2)    adopt standards for staffing, record keeping, reporting, intergovernmental cooperation, and other management operations that are necessary to proper and efficient collection of support;        (3)    delegate any responsibility for support enforcement to a local department, for as long as:            (i)    the local government asks that responsibility be delegated to the local department;            (ii)    the Secretary finds that the local department is capable of carrying out the responsibility; and            (iii)    a delegation of that responsibility is consistent with guidelines of the Department of Human Services;        (4)    delegate any responsibility for support enforcement to the clerk of a circuit court, for as long as:            (i)    the local government and the clerk, with the approval of the Chief Judge of the Court of Appeals, ask that responsibility be delegated to the clerk;            (ii)    the Secretary finds that the clerk is capable of carrying out the responsibility;            (iii)    a delegation of that responsibility is consistent with guidelines of the Department of Human Services; and            (iv)    the Administration makes a cooperative agreement with the clerk that:                1.    includes arrangements for reimbursement for expenditures incurred by the clerk that are reimbursable under federal regulations that relate to federal financial participation in the operation of a support enforcement program; and                2.    provides that federal collection incentives that would be payable to the county if the county had a local support enforcement office shall be payable to the Fund established in § 10–106.1 of this subtitle; and        (5)    adopt regulations establishing procedures for the periodic review and adjustment of child support orders being enforced by a support enforcement agency.    (b)    The clerk of a circuit court, with the approval of the Chief Judge of the Court of Appeals, may:        (1)    make a written agreement with the Secretary of Human Services and the Administration to provide support enforcement services pursuant to a delegation of responsibility under subsection (a) of this section;        (2)    employ the personnel necessary to perform the support enforcement services, notwithstanding any other provisions of law, including any law on the practice of law by employees of a clerk; and        (3)    include in the clerk’s annual budget request submitted to the Chief Judge of the Court of Appeals the projected costs of administering the support enforcement program that are not reimbursable under the agreement with the Secretary of Human Services and the Administration.
MD. Family Law Code Ann. §  10-115 (2021)
2021 Maryland Statutes|Family Law|Title 10 - Support in General|Subtitle 1 - Civil and Criminal Enforcement|Part II - Child Support Administration|Section 10-115 - Legal Representation

    (a)    In this section, “legal proceeding” means:        (1)    a civil action for child support;        (2)    a paternity proceeding under Title 5, Subtitle 10 of this article; and        (3)    a proceeding under Subtitle 3 of this title.    (b)    In any support action in which the Administration is providing child support services under federal law, the Administration may initiate a legal proceeding to establish, modify, or enforce a duty of support.    (c)    In a legal proceeding, the Administration shall be represented by:        (1)    the Attorney General;        (2)    the State’s Attorney, if the State’s Attorney has agreed to provide representation under subsection (g) of this section; or        (3)    a qualified lawyer who is appointed by and subject to supervision and removal by the Attorney General.    (d)    An attorney who initiates or participates in a legal proceeding under this section shall represent the Administration.    (e)    Representation of the Administration by an attorney under this section:        (1)    creates an attorney–client relationship between that attorney and the Administration; and        (2)    does not create an attorney–client relationship between that attorney and any other person.    (f)    The attorney representing the Administration in a legal proceeding under this section shall advise the person whom the Administration has approved for child support services that the attorney’s representation of the Administration does not create an attorney–client relationship between the attorney and that person.    (g)    (1)    A State’s Attorney may make a written agreement with the Secretary of Human Services and the county to provide legal representation for a fiscal year. An agreement shall be made by September 1 of the year preceding the fiscal year for which representation will be provided.        (2)    An agreement shall establish reasonable administrative and fiscal requirements for:            (i)    providing and continuing representation; and            (ii)    reimbursement.
MD. Family Law Code Ann. §  10-116 (2021)
2021 Maryland Statutes|Family Law|Title 10 - Support in General|Subtitle 1 - Civil and Criminal Enforcement|Part II - Child Support Administration|Section 10-116 - Enforcement by Local Support Enforcement Office

    (a)    A local support enforcement office:        (1)    shall be funded from local and federal resources; and        (2)    may keep any surcharge that is assessed against the obligor to defray the costs of support collection.    (b)    The Administration shall pay a county that has a local support enforcement office collection incentives pursuant to a methodology based on the performance of the county in accordance with regulations adopted by the Administration under subsection (d) of this section.    (c)    The rules, regulations, and standards of a local support enforcement office control if they generally conform to those adopted by the Secretary of Human Services under § 10–114 of this subtitle.    (d)    The Administration shall adopt any regulations necessary to carry out the provisions of this section.
MD. Family Law Code Ann. §  10-117 (2021)
2021 Maryland Statutes|Family Law|Title 10 - Support in General|Subtitle 1 - Civil and Criminal Enforcement|Part II - Child Support Administration|Section 10-117 - Transfer of Support Enforcement From Local Support Enforcement Office

    (a)    A county or circuit court with a local support enforcement office may request that the responsibility for support enforcement be transferred to the Administration.    (b)    A request for transfer of responsibility under this section must be made to the Department of Human Services by September 1 of the year preceding the fiscal year for which responsibility will be transferred.    (c)    Any personnel of the local support enforcement office involved in a transfer under this section shall be in the State Personnel Management System and shall be placed in the position that is comparable to or most closely compares to their former position, without further examination or qualification. These employees shall be credited with the years of service with the jurisdiction for purposes of seniority, including the determination of leave accumulation and the determination of layoff rights under Title 11, Subtitle 2 of the State Personnel and Pensions Article, and shall remain members of the Employees’ Pension System of the State of Maryland. These employees shall receive no diminution in compensation or accumulated leave solely as a result of the transfer. The salary grade of these employees shall be determined using a salary based on the same hourly rate of salary of the employee at the time of transfer. Annual leave in excess of that which may be retained annually in the State Personnel Management System may be retained at the time of transfer if that accumulation was permitted by the former employer.
MD. Family Law Code Ann. §  10-118 (2021)
2021 Maryland Statutes|Family Law|Title 10 - Support in General|Subtitle 1 - Civil and Criminal Enforcement|Part II - Child Support Administration|Section 10-118 - Responsibility to Best Interest of Child

    Subject to any federal law or program, the Administration and local support enforcement offices shall promote and serve the best interests of the child in carrying out their child support responsibilities under this subtitle.
MD. Family Law Code Ann. §  10-120 (2021)
2021 Maryland Statutes|Family Law|Title 10 - Support in General|Subtitle 1 - Civil and Criminal Enforcement|Part III - Child and Spousal Support -- Earnings Withholding|Section 10-120 - Definitions

    (a)    In this Part III of this subtitle the following words have the meanings indicated.    (b)    “Earnings withholding notice” means a notice in a format prescribed by federal law issued by the Administration to an employer requiring the employer to deduct support payments from the earnings of an obligor.    (c)    “Earnings withholding order” means an order in a format prescribed by federal law issued by a tribunal to an employer requiring the employer to deduct support payments from the earnings of an obligor.    (d)    “Support” includes:        (1)    child support;        (2)    spousal support;        (3)    nondifferentiated child and spousal support; and        (4)    any medical support ordered by the court, including converted funds as defined in § 15–122.2 of the Health – General Article.    (e)    “Tribunal” has the meaning stated in § 10–301(dd) of this title.
MD. Family Law Code Ann. §  10-121 (2021)
2021 Maryland Statutes|Family Law|Title 10 - Support in General|Subtitle 1 - Civil and Criminal Enforcement|Part III - Child and Spousal Support -- Earnings Withholding|Section 10-121 - Withholding Orders; Required Statement

    (a)    Any order under this Part III of this subtitle that is passed on or after July 1, 1985 shall constitute an immediate and continuing withholding order on all earnings of the obligor that are due on or after the date of the support order.    (b)    (1)    Any order under this Part III of this subtitle that is passed before July 1, 1985 shall become an immediate and continuing withholding order on all earnings of the obligor that are due on or after the date of the withholding order on the filing by the recipient or support enforcement agency of:            (i)    a motion for a withholding order on the earnings of the obligor; and            (ii)    a current support order.        (2)    Notice of the filing of the motion and a statement that the support order constitutes an earnings withholding order subject to the conditions of this Part III of this subtitle shall be sent to the obligor by certified mail, return receipt requested and first–class mail, at the last known home address or, if the home address is unknown, the place of employment of the obligor.    (c)    Any support order or modification of support order not subject to immediate withholding under § 10-123 of this subtitle, that is passed on or after July 1, 1985, and any notice and statement issued under subsection (b)(2) of this section shall include a statement that:        (1)    if the obligor accumulates support payments arrears amounting to more than 30 days of support, the obligor shall be subject to earnings withholding;        (2)    so long as the support order is in effect, the obligor is required to notify the court of:            (i)    any change of address within 10 days after moving to a new address; or            (ii)    any change of employment within 10 days after receiving the first earnings from a new employer; and        (3)    failure to comply with item (2) of this subsection will subject the obligor to a penalty not to exceed $250 and may result in the obligor’s not receiving notice of proceedings for earnings withholding.
MD. Family Law Code Ann. §  10-122 (2021)
2021 Maryland Statutes|Family Law|Title 10 - Support in General|Subtitle 1 - Civil and Criminal Enforcement|Part III - Child and Spousal Support -- Earnings Withholding|Section 10-122 - Amount of Earnings Withholding

    (a)    The amount of the earnings withholding shall:        (1)    be enough to pay the support and any arrearage included in the payments required by the support order; and        (2)    include any arrearage accrued since the support order.    (b)    (1)    (i)    When arrearages under subsection (a)(2) of this section are part of an earnings withholding order or earnings withholding notice, the total arrearage withheld shall be in one lump-sum payment or apportioned over a period of time.            (ii)    The amount of the arrearage withheld under subparagraph (i) of this paragraph shall be determined by the tribunal or, in a case in which the Administration is providing support services, by the Administration.        (2)    The amount of arrears under subsection (a)(2) of this section apportioned to each payment shall be at least $1 but not more than 25% of the current support payment.    (c)    If there is more than one earnings withholding order or earnings withholding notice against a single obligor, the Administration shall allocate amounts available for withholding, giving priority to current support, up to the limits imposed by the federal Consumer Credit Protection Act.
MD. Family Law Code Ann. §  10-123 (2021)
2021 Maryland Statutes|Family Law|Title 10 - Support in General|Subtitle 1 - Civil and Criminal Enforcement|Part III - Child and Spousal Support -- Earnings Withholding|Section 10-123 - Service of Order

    (a)    Except as otherwise provided for in this section and notwithstanding any other provision of this Part III, a court shall immediately authorize service of an earnings withholding order when:        (1)    (i)    a support order or modification of support order is passed on or after April 9, 1991;            (ii)    a case is being enforced by a support enforcement agency; and            (iii)    the recipient or support enforcement agency requests service of an earnings withholding order; or        (2)    the Maryland Department of Health requests service of an earnings withholding order for court ordered medical support.    (b)    Except as provided in subsection (d) of this section, for all child support orders that are initially issued in the State on or after January 1, 1994, regardless of whether child support payments are in arrears, a court shall immediately authorize service of an earnings withholding order on the effective date of the order.    (c)    When a court orders immediate service of an earnings withholding order on or after July 1, 1994, the court shall order payments through the State disbursement unit.    (d)    A court may not authorize the immediate service of an earnings withholding order if:        (1)    any party demonstrates, and the court finds, that there is good cause to not require immediate earnings withholding; or        (2)    the court approves of the terms of a written agreement of the parties providing for an alternative method of payment.    (e)    If the court authorizes the immediate service of an earnings withholding order, the court shall immediately cause a copy of the earnings withholding order to be served on any employer of the obligor.
MD. Family Law Code Ann. §  10-124 (2021)
2021 Maryland Statutes|Family Law|Title 10 - Support in General|Subtitle 1 - Civil and Criminal Enforcement|Part III - Child and Spousal Support -- Earnings Withholding|Section 10-124 - Service of Order on Employer

    (a)    Except as otherwise provided in this Part III, the Administration may serve an earnings withholding notice on an employer of an obligor without the need for any modification of the support order or any further action by a tribunal if:        (1)    (i)    a tribunal has issued a support order; and            (ii)    the Administration is providing child support services under Title IV, Part D, of the Social Security Act; or        (2)    an obligor requests the service of an earnings withholding notice.    (b)    The Administration may serve an employer with an earnings withholding notice using an electronic format if the employer has entered into an agreement with the Administration to accept service of an earnings withholding notice in this manner.    (c)    When the Administration serves an employer with an earnings withholding notice under this section, the Administration shall send to the obligor, by first-class mail, at the obligor’s last known home address and place of employment:        (1)    a copy of the earnings withholding notice;        (2)    a statement of the procedures under § 10-134 of this subtitle that the obligor must follow to terminate earnings withholding;        (3)    a statement of the obligor’s right to contest the accuracy of the information provided in the earnings withholding notice by filing a motion for a stay of the earnings withholding notice in circuit court or requesting an investigation no later than 30 days after a copy of the withholding notice is mailed to the obligor under this section; and        (4)    a statement of the amount of arrears apportioned to each payment that is to be included in the amount of earnings withheld under § 10-122 of this subtitle.    (d)    The only issues that may be adjudicated at a hearing or contested in an investigation under subsection (c)(3) of this section are:        (1)    whether an arrearage existed;        (2)    the amount of the withholding or the amount of any arrearage;        (3)    the identity of the obligor; or        (4)    that the amount of the withholding notice exceeds the limits of the federal Consumer Credit Protection Act.    (e)    (1)    If an obligor requests an investigation, the Administration shall:            (i)    conduct an investigation within 15 days after the obligor’s request; and            (ii)    on completion of the investigation, notify the obligor of the results of the investigation and the obligor’s right to appeal the decision of the Administration to the Office of Administrative Hearings.        (2)    An appeal under paragraph (1)(ii) of this subsection shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.
MD. Family Law Code Ann. §  10-125 (2021)
2021 Maryland Statutes|Family Law|Title 10 - Support in General|Subtitle 1 - Civil and Criminal Enforcement|Part III - Child and Spousal Support -- Earnings Withholding|Section 10-125 - Request for Service of Order -- Required

    Except as provided for in § 10-123 of this subtitle, the court may not cause a copy of the earnings withholding order to be served on any employer of the obligor until the court receives a request for service of the earnings withholding order under § 10-126 of this subtitle and the requirements of §§ 10-127 and 10-133 of this subtitle have been met.
MD. Family Law Code Ann. §  10-126 (2021)
2021 Maryland Statutes|Family Law|Title 10 - Support in General|Subtitle 1 - Civil and Criminal Enforcement|Part III - Child and Spousal Support -- Earnings Withholding|Section 10-126 - Request for Service of Order -- Filing

    (a)    If an obligor accrues support payment arrears amounting to more than 30 days of support, the recipient or the support enforcement agency may file a request for service of the earnings withholding order.    (b)    (1)    The request shall:            (i)    be under oath;            (ii)    state the last date or dates on which support payments were received, and the amount or amounts of the support payments; and            (iii)    state the amount of arrearage.        (2)    The request may be filed on a form which shall be provided by the court.    (c)    Any person who willfully makes a false representation in a request for service of an earnings withholding order under this section shall be subject to the penalties for perjury.    (d)    When support payments are being made through the support enforcement agency, the agency shall file the request for service of the earnings withholding order.
MD. Family Law Code Ann. §  10-127 (2021)
2021 Maryland Statutes|Family Law|Title 10 - Support in General|Subtitle 1 - Civil and Criminal Enforcement|Part III - Child and Spousal Support -- Earnings Withholding|Section 10-127 - Service

    (a)    When the court receives a request for service of the earnings withholding order under § 10-126 of this subtitle, the court shall send to the obligor, by certified mail, return receipt requested and first–class mail, at the home address or, if the home address is unknown, the place of employment last reported to the court:        (1)    a copy of the earnings withholding order;        (2)    a copy of the request for service of the earnings withholding order;        (3)    a statement of the procedures under § 10-133 of this subtitle that the obligor must follow to contest the earnings withholding;        (4)    the form permitted under § 10-133(b)(3) of this subtitle;        (5)    a statement of the issues that may be adjudicated under § 10-133 of this subtitle; and        (6)    notice that:            (i)    the order will be served on the employer and will include arrears as alleged in the request for service of the earnings withholding order unless the obligor moves for a stay of service within 15 days of mailing the notice under this section; and            (ii)    the arrears accrued since the issuance of the support order will be apportioned according to the requirements of § 10-122 of this subtitle.    (b)    If the obligor fails to move for a stay under § 10-133 of this subtitle, the court shall immediately cause a copy of the earnings withholding order to be served on the employer of the obligor.
MD. Family Law Code Ann. §  10-128 (2021)
2021 Maryland Statutes|Family Law|Title 10 - Support in General|Subtitle 1 - Civil and Criminal Enforcement|Part III - Child and Spousal Support -- Earnings Withholding|Section 10-128 - Contents and Effect of Order

    (a)    An earnings withholding order or an earnings withholding notice sent to the obligor’s employer shall:        (1)    be a separate document, and not include any other orders or pleadings; and        (2)    include only the following information:            (i)    the amount to be withheld from the obligor’s earnings including explanation of the application of the federal Consumer Credit Protection Act limits;            (ii)    that subject to further orders of the tribunal, the employer is required to withhold the stated amount on a regular and continuing basis commencing on the beginning of the next pay period after receipt of the earnings withholding order or the earnings withholding notice;            (iii)    that the employer may deduct and retain from the employee’s earnings an additional $2 for each deduction made under the earnings withholding order or earnings withholding notice;            (iv)    that the net amount withheld is to be sent promptly to the State disbursement unit; and            (v)    any other information that the employer needs to comply with the earnings withholding order or earnings withholding notice.    (b)    An earnings withholding order or earnings withholding notice is binding on each present and future employer of the obligor on whom a copy of the earnings withholding order or earnings withholding notice is served.    (c)    Subject to federal law, an earnings withholding order or earnings withholding notice under this Part III of this subtitle has priority over any other lien or legal process.    (d)    The copy of the earnings withholding order or earnings withholding notice served on the employer of the obligor shall contain a statement that upon willful violation of the earnings withholding order or earnings withholding notice the employer shall be subject to civil penalties.