reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Family Law › Title 10 - Support in General › Subtitle 1 - Civil and Criminal Enforcement › Part II - Child Support Administration › Section 10-108 - Duties -- in General

(a)    The Administration shall:
(1)    coordinate a statewide program for support enforcement;
(2)    maintain a central registry of records on absent parents as required under § 12–105 of this article;
(3)    locate absent parents;
(4)    determine the ability of an absent parent to pay child support;
(5)    accept assignment of right, title, or interest in child support made under § 5–312(b)(2) of the Human Services Article;
(6)    in any case in which an assignment is made under § 5–312(b)(2) of the Human Services Article, prosecute and maintain any legal or equitable action available to establish each absent parent’s obligation to pay child support;
(7)    cooperate with other states in establishing and enforcing child support obligations;
(8)    collect and disburse support payments through the State disbursement unit established under § 10–108.7 of this subtitle; and
(9)    use established legal processes to enforce court orders to pay support.
(b)    Except in a county that has a local support enforcement office, the Administration is the agency that is responsible for support enforcement in all cases where a court orders an obligor to make support payments to a public agency:
(1)    as the payee; or
(2)    as collection agent for the payee.
(c)    (1)    In this subsection, “notice of arrearage” means a written notice provided by the Administration:
(i)    to an obligor who is in arrears in making child support payments; and
(ii)    relating to the arrearage.
(2)    If the Administration sends a notice of arrearage within the first 120 days that the obligor is in arrears in making child support payments, the Administration shall include notice that continued arrearage may result in revocation or denial of a license under § 10-119.3 of this subtitle.
2023 Maryland Statutes › Family Law › Title 10 - Support in General › Subtitle 1 - Civil and Criminal Enforcement › Part II - Child Support Administration › Section 10-108.1 - Reports to Consumer Reporting Agencies; Notice; Appeal; Regulations

(a)    In this section, “consumer reporting agency” means any person or entity that, for monetary fees or dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer credit reports to third parties.
(b)    (1)    If a child support obligation owed by an obligor and enforced by the Administration or a local support enforcement office becomes 60 days or more in arrears, the Administration shall make available, upon request in a format acceptable to the consumer reporting agency and the Administration, information regarding the arrears to all consumer reporting agencies that operate in the State.
(2)    The Administration shall:
(i)    designate one or more persons to receive and process requests from the consumer reporting agencies regarding the reverification of information; and
(ii)    respond to requests made by the consumer reporting agencies in a timely manner.
(c)    (1)    Before supplying any information to a consumer reporting agency under this section, the Administration shall:
(i)    send written notice of the proposed action to the obligor including the obligor’s right to contest the accuracy of the reported arrearage; and
(ii)    give the obligor a reasonable opportunity to contest the accuracy of the information.
(2)    The obligor may appeal a decision of the Administration to provide the information regarding arrears to consumer reporting agencies in accordance with Title 10 of the State Government Article.
(d)    The Secretary of Human Services shall adopt rules and regulations to implement the provisions of this section.
(e)    (1)    Except as provided in paragraph (2) of this subsection, a consumer reporting agency that receives information regarding child support arrears under this section shall comply with the provisions of Title 14, Subtitle 12 of the Commercial Law Article.
(2)    If the Administration finds that it has supplied erroneous information concerning arrears owed by an obligor to a consumer reporting agency:
(i)    the Administration shall notify the consumer reporting agency; and
(ii)    the consumer reporting agency shall remove any information concerning the erroneous arrears from the obligor’s credit file.
2023 Maryland Statutes › Family Law › Title 10 - Support in General › Subtitle 1 - Civil and Criminal Enforcement › Part II - Child Support Administration › Section 10-108.4 - Action to Attach and Seize Funds for Child Support Arrears From Financial Institution -- Reimbursement of Account Holders

(a)    If the Administration institutes an action under § 10-108.3(b) of this subtitle and no obligor has any ownership interest in a seized account at the time the Administration institutes the action, the Administration shall reimburse the account holders of interest for fees incurred as a result of instituting the action, including:
(1)    fees assessed by the financial institution as a result of the Administration’s action;
(2)    fees assessed by the financial institution for insufficient funds;
(3)    fees assessed by merchants for dishonored checks; and
(4)    reasonable attorney’s fees incurred by the account holders of interest related to an administrative or judicial review of the Administration’s decision to institute the action.
(b)    An account holder of interest who wishes to request reimbursement under this section shall file a written request within 60 days after the account is seized. The request shall include copies of the notices or other proof of the assessment of fees for which reimbursement is sought.
(c)    The Administration is not required to reimburse an account holder of interest for fees incurred if:
(1)    the account holder of interest fails to make a request for reimbursement within 60 days after the account was seized;
(2)    the account holder of interest fails to provide proof of the assessment of fees; or
(3)    the fees were incurred as a result of a debit made to the account after the account holder of interest had actual notice of the account seizure.
(d)    This section does not apply to fees incurred as a result of a judicial garnishment.
(e)    A financial institution has no obligation to reimburse fees assessed as a result of the Administration instituting an action under § 10-108.3 of this subtitle or as otherwise permitted by law or authorized by contract.
2023 Maryland Statutes › Family Law › Title 10 - Support in General › Subtitle 1 - Civil and Criminal Enforcement › Part II - Child Support Administration › Section 10-108.5 - Payment Through Support Enforcement Agency

(a)    In any case in which a court has ordered an obligor to send support payments directly to an obligee, the Administration may direct an obligor to forward any support payments through a support enforcement agency if the Administration has:
(1)    sent a notice to the obligor directing the obligor to send support payments through a support enforcement agency;
(2)    advised the obligee that it is issuing a notice to change payees under this section; and
(3)    filed a notice with the court that the Administration is directing the obligor to change payees.
(b)    When an obligor receives notice to change payees under subsection (a) of this section, the obligor shall forward all future support payments to the support enforcement agency designated in the notice.
2023 Maryland Statutes › Family Law › Title 10 - Support in General › Subtitle 1 - Civil and Criminal Enforcement › Part II - Child Support Administration › Section 10-108.6 - Subpoena Duces Tecum

(a)    In order to establish, modify, or enforce a duty of support, the Administration may issue subpoenas to compel the production of documents and other tangible items.
(b)    A subpoena issued under subsection (a) of this section shall:
(1)    specify the name and address of the person to be subpoenaed;
(2)    describe the items to be produced with particularity; and
(3)    include a return date for the subpoena.
(c)    The Administration may serve a subpoena by:
(1)    hand delivery; or
(2)    certified mail.
(d)    If a person fails to comply with a subpoena issued by the Administration, the Administration may:
(1)    reissue the subpoena;
(2)    exercise the Administration’s authority under § 10-119.3 of this subtitle to suspend any license held by the person; or
(3)    apply, upon affidavit, to any judge of a circuit court for an order requiring the person to obey the subpoena.
(e)    If a person knowingly fails or refuses to obey a court order to comply with a subpoena issued under this section, the court may compel compliance with the administrative subpoena in any manner available to the court to enforce its own order or subpoena.
2023 Maryland Statutes › Family Law › Title 10 - Support in General › Subtitle 1 - Civil and Criminal Enforcement › Part II - Child Support Administration › Section 10-108.7 - State Disbursement Unit

The Administration shall establish a State disbursement unit for collection and disbursement of support payments in any case in which:
(1)    an assignment is made under § 5–312(b)(2) of the Human Services Article;
(2)    an obligee files an application and pays a fee for child support services as required by the Administration; or
(3)    an employer is required to send payments to a support enforcement agency.
2023 Maryland Statutes › Family Law › Title 10 - Support in General › Subtitle 1 - Civil and Criminal Enforcement › Part II - Child Support Administration › Section 10-110 - Powers -- Collection of Fees

(a)    The Administration may:
(1)    charge an initial application fee of not more than $25 for support services;
(2)    deduct from the child support payment to defray the cost of providing support enforcement services under:
(i)    the Income Tax Refund Intercept Program under this subtitle; and
(ii)    the Federal Treasury Offset Program; and
(3)    collect fees from the obligor to defray the costs of providing support enforcement services.
(b)    Except as provided in subsection (a) of this section, the Administration may not:
(1)    collect fees from the child support obligee; or
(2)    deduct fees from the child support payment.
2023 Maryland Statutes › Family Law › Title 10 - Support in General › Subtitle 1 - Civil and Criminal Enforcement › Part II - Child Support Administration › Section 10-111 - Powers -- Cooperative Agreements

(a)    The Administration may make a cooperative agreement with a private or public agency, a circuit court, an institution, or a law enforcement official as to:
(1)    establishing paternity;
(2)    establishing liability for support;
(3)    collecting support; or
(4)    enforcing a court order to pay support.
(b)    A cooperative agreement made under this section may include arrangements for reimbursement for expenditures incurred that are reimbursable under federal regulations that relate to federal financial participation in the operation of a support enforcement program.
2023 Maryland Statutes › Family Law › Title 10 - Support in General › Subtitle 1 - Civil and Criminal Enforcement › Part II - Child Support Administration › Section 10-112 - Powers -- Settlement of Arrearage

(a)    (1)    Subject to the best interest of the child, if the Administration considers it to be in the best interest of this State in a case in which an assignment has been made under § 5–312(b)(2) of the Human Services Article, the Administration may accept in full settlement of an arrearage in child support payments an amount that is less than the total arrearage.
(2)    On request of the Administration, a court may approve by order an amount that is less than the total arrearage as full settlement of the arrearage.
(b)    (1)    In a case in which an assignment has been made under § 5–312(b)(2) of the Human Services Article, there is a presumption that it is in the best interest of this State for the Administration to accept in full settlement of an arrearage in child support payments an amount that is less than the total arrearage if:
(i)    1.    the obligor, the individual who has made an assignment under § 5–312(b)(2) of the Human Services Article, and the child who is the subject of the support order  have resided together for at least the 12 months immediately preceding a request for settlement under this section; or
2.    the obligor and the child who is the subject of the support order have resided together for at least the 12 months immediately preceding a request for settlement under this section, and the individual who has made an assignment under § 5–312(b)(2) of the Human Services Article is deceased, incapacitated, or otherwise unavailable to reside with the obligor and the child;
(ii)    the obligor has been supporting the child for at least the 12 months immediately preceding a request for settlement under this section; and
(iii)    the gross income of the obligor is less than 225 percent of the federal poverty level, as defined by the United States Department of Health and Human Services.
(2)    For purposes of paragraph (1)(i)2 of this subsection, an individual who has made an assignment under § 5–312(b)(2) of the Human Services Article may not be considered incapacitated or otherwise unavailable due solely to a change in legal or physical custody of the child.
(3)    (i)    If the Administration does not accept in full settlement of an arrearage in child support payments an amount that is less than the total arrearage under this subsection, the Administration shall notify the obligor of the decision and of the obligor’s right to appeal the decision to the Office of Administrative Hearings.
(ii)    An appeal under this subsection shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.
(c)    The Secretary of Human Services, in cooperation with the Office of Administrative Hearings, may adopt regulations to implement this section.
2023 Maryland Statutes › Family Law › Title 10 - Support in General › Subtitle 1 - Civil and Criminal Enforcement › Part II - Child Support Administration › Section 10-113 - Powers -- Income Tax Refund Intercept; Interception of State Lottery Prizes

(a)    Each year, the Administration may certify to the State Comptroller any obligor who is in arrears of support payments amounting to more than $150 under the court order, if:
(1)    the Administration has accepted an assignment of support under § 5–312(b)(2) of the Human Services Article; or
(2)    the recipient of support payments has filed an application for support enforcement services with the Administration.
(b)    The Administration shall notify the obligor that:
(1)    a certification has been made by the Administration; and
(2)    the obligor may ask the Administration to investigate the arrearage.
(c)    The certification shall include, if known:
(1)    the full name of the obligor, and any other names known to be used by the obligor;
(2)    the address and the Social Security number of the obligor; and
(3)    the amount of the arrearage.
(d)    (1)    On receipt of notice of certification, any obligor who disputes the existence or amount of the arrearage may ask the Administration to investigate the arrearage.
(2)    On receipt of a request for investigation from the obligor, the Administration shall:
(i)    conduct an investigation as to the accuracy of the reported arrearage; and
(ii)    if the Administration finds that there is an error, correct the amount of the reported arrearage or withdraw the certification.
(e)    The State Comptroller may not question the certification made by the Administration.
(f)    The State Comptroller shall:
(1)    withhold and pay to the Administration any income tax refund due to the obligor, in an amount not more than the amount of the arrearage;
(2)    pay to the obligor any part of the income tax refund over the amount of the arrearage; and
(3)    notify the obligor of:
(i)    the amount paid to the Administration; and
(ii)    the rights of the obligor under subsection (g) of this section.
(g)    (1)    On receipt of notice of intercept from the State Comptroller, any obligor who disputes the existence or amount of the arrearage may appeal to the Administration.
(2)    If the Administration finds that an excessive amount was withheld from the obligor’s income tax refund or State lottery prize, the Administration promptly shall pay to the taxpayer the excess amount withheld.
(h)    The State Comptroller shall honor refund interception requests in the following order:
(1)    a refund interception request to collect an unpaid State, county, or municipal tax;
(2)    a refund interception request under this Part II of this subtitle for arrears of support payments;
(3)    a refund interception request for converted funds under § 15–122.2 of the Health – General Article; and
(4)    any other refund interception request.
(i)    The Secretary of Human Services and the State Comptroller may adopt rules and regulations to carry out this section.
2023 Maryland Statutes › Family Law › Title 10 - Support in General › Subtitle 1 - Civil and Criminal Enforcement › Part II - Child Support Administration › Section 10-113.2 - Interception of State Payments for Child Support Arrears

(a)    The Administration may certify to the State Comptroller any obligor who is in arrears under a child support order, if:
(1)    the amount of arrears exceeds $150; and
(2)    the Administration is providing services in the case under Title IV, Part D, of the federal Social Security Act.
(b)    The Administration shall notify the obligor that:
(1)    a certification has been made by the Administration; and
(2)    the obligor has a right to request an investigation as provided under subsection (d) of this section.
(c)    The certification shall include, if known:
(1)    the full name of the obligor, and any other names known to be used by the obligor;
(2)    the address and Social Security number of the obligor; and
(3)    the amount of the arrearage.
(d)    (1)    Within 30 days of the date of the notice of certification, an obligor who disputes the existence or amount of the arrearage may request that the Administration conduct an investigation of the arrearage.
(2)    (i)    On receipt of a request for investigation from the obligor, the Administration shall conduct an investigation as to the existence or amount of the arrearage.
(ii)    On completion of the investigation, the Administration shall notify the obligor of the outcome of the investigation.
(iii)    If, after the investigation the Administration finds there is an error, the Administration shall correct the amount of the reported arrears, or, if appropriate, withdraw the certification.
(e)    The State Comptroller shall:
(1)    withhold the amount of the arrearage from:
(i)    any payment due to the obligor; or
(ii)    any abandoned property delivered to the State Comptroller under Title 17 of the Commercial Law Article in which the obligor has an interest;
(2)    forward the amount withheld to the Administration; and
(3)    notify the obligor of:
(i)    the amount paid to the Administration; and
(ii)    the right to appeal the intercept to the Office of Administrative Hearings as provided in subsection (g) of this section.
(f)    On receipt of the intercepted payment, the Administration shall:
(1)    retain any part of the payment that does not exceed the amount of arrearage owed at the time the payment was received; and
(2)    pay to the obligor any part of the payment that exceeds the amount of arrearage owed at the time the payment was received.
(g)    (1)    Within 30 days of the date of the notice of intercept from the State Comptroller, an obligor who disputes the existence or amount of the arrearage may appeal to the Office of Administrative Hearings.
(2)    An appeal to the Office of Administrative Hearings shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.
(h)    The Secretary of Human Services and the State Comptroller may adopt regulations to carry out this section.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Maryland Statutes › Family Law › Title 10 - Support in General › Subtitle 1 - Civil and Criminal Enforcement › Part III - Child and Spousal Support -- Earnings Withholding › Section 10-129 - Deductions From Obligor's Earnings

(a)    On receipt of a copy of an earnings withholding order or earnings withholding notice an employer shall, beginning with the next pay period after receipt of the earnings withholding order or earnings withholding notice:
(1)    deduct the amount of the withholding from the obligor’s earnings on a regular basis; and
(2)    send the deducted net amount directly to the State disbursement unit within 7 days not including Saturday, Sunday, or a legal holiday after the day on which the earnings are paid to the obligor.
(b)    An employer may deduct and retain from the obligor’s wages an additional $2 for each deduction made under the earnings withholding order or earnings withholding notice.
(c)    An employer may not use the withholding as a basis for:
(1)    reprisal against the obligor;
(2)    dismissal of the obligor from employment; or
(3)    refusal to hire or to promote the obligor.
(d)    (1)    Subject to the provisions of § 10-131 of this subtitle:
(i)    the recipient or the support enforcement agency may bring a civil action against an employer who willfully violates subsection (a) of this section; and
(ii)    an employer is liable for damages under this subsection in an amount equal to the amount of any withholding that the employer failed to deduct from the obligor’s earnings or failed to send within the time required under subsection (a) of this section.
(2)    The employer’s liability under this subsection shall be in addition to any amounts paid directly or indirectly by the obligor.
2023 Maryland Statutes › Family Law › Title 10 - Support in General › Subtitle 1 - Civil and Criminal Enforcement › Part III - Child and Spousal Support -- Earnings Withholding › Section 10-130 - Termination of Obligor's Employment

Within 10 days after the employer receives notice of an obligor’s decision to terminate employment or within 10 days after the termination, whichever occurs earlier, the employer shall:
(1)    notify the court and the support enforcement agency; and
(2)    forward to the court any available information as to the obligor’s:
(i)    Social Security number;
(ii)    home address; and
(iii)    new place of employment.
2023 Maryland Statutes › Family Law › Title 10 - Support in General › Subtitle 1 - Civil and Criminal Enforcement › Part III - Child and Spousal Support -- Earnings Withholding › Section 10-131 - Change of Address of Recipient

(a)    If the address of a recipient changes, the recipient, within 10 days after moving to the new address, shall send the change of address to:
(1)    the court:
(i)    by certified mail, return receipt requested; or
(ii)    by filing in person at the court and obtaining proof of filing;
(2)    the obligor, at the obligor’s last known address, by first–class mail; and
(3)    (i)    each employer who has been served with a copy of the earnings withholding order, by first–class mail; or
(ii)    if the support enforcement agency receives the support payments, the support enforcement agency:
1.    by certified mail, return receipt requested;
2.    if the agency’s website allows parents to update address information, by entering the new address on–line;
3.    by filing in person at the agency and obtaining proof of filing; or
4.    by telephone or electronic communication to the agency and obtaining proof of change.
(b)    If, because of the failure of a recipient to give notice under this section, an employer or the support enforcement agency is unable for a 2-month period to deliver deductions under the earnings withholding order, the employer or agency:
(1)    may not make further deductions;
(2)    shall return each undeliverable payment to the obligor; and
(3)    shall notify the court.
2023 Maryland Statutes › Family Law › Title 10 - Support in General › Subtitle 1 - Civil and Criminal Enforcement › Part III - Child and Spousal Support -- Earnings Withholding › Section 10-132 - Change of Obligor's Address or Place of Employment

If the address or place of employment of the obligor changes, the obligor, within 10 days after moving to a new address or receiving the first earnings from a new employer, shall send the change of address or new place of employment to:
(1)    the court:
(i)    by certified mail, return receipt requested; or
(ii)    by filing in person at the court and obtaining proof of filing; and
(2)    (i)    if the recipient receives the support payments, the recipient, by first–class mail; or
(ii)    if the support enforcement agency receives the support payments, the support enforcement agency:
1.    by certified mail, return receipt requested;
2.    if the agency’s website allows parents to update address and employment information, by entering the new address or place of employment on–line;
3.    by filing in person at the agency and obtaining proof of filing; or
4.    by telephone or electronic communication to the agency and obtaining proof of change.