reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.07 - Collection and Distribution of Support › Section 07.07.07.03 - Responsibilities of SDU

Current through Register Vol. 51, No. 14, July 12, 2024
A. The SDU is responsible for the collection, distribution, and disbursement of support payments ordered payable through a court, support enforcement agency, or the SDU.
B. The Administration shall:
(1) Maintain records of support payments:
(a) Collected;
(b) Distributed; and
(c) Disbursed; and
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.07 - Collection and Distribution of Support › Section 07.07.07.04 - Methods of Payment

Current through Register Vol. 51, No. 14, July 12, 2024
A. The SDU may accept support payments made by check, credit card, money order, or electronic funds transfer.
B. The appropriate support enforcement agency shall furnish a record of payment to a noncustodial or custodial parent upon request.
C. Dishonored Checks.
(1) When a noncustodial parent's check is dishonored by a financial institution, the SDU shall send a notice to the noncustodial parent demanding payment by certified check or money order within 7 days of the date of the notice.
(2) The SDU may charge the noncustodial parent the cost incurred for processing the noncustodial parent's dishonored check.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.07 - Collection and Distribution of Support › Section 07.07.07.05 - Distribution and Disbursement of Support Payment Collections

Current through Register Vol. 51, No. 14, July 12, 2024
A. The amount of child support collected and due shall be distributed and disbursed as required by the court order and the Social Security Act and regulations issued under the Social Security Act.
B. The Administration may issue support payments to a custodial parent by electronic transfer.
C. Before issuing support payments to a custodial parent by electronic transfer, the Administration shall notify the custodial parent of the:
(1) Intention to transmit future payments electronically; and
(2) Exemptions available under §F of this regulation.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.07 - Collection and Distribution of Support › Section 07.07.07.06 - Undeliverable Payments

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the payor and the payee of a payment cannot be identified, the SDU shall:
(1) Deposit the payment in the Administration's bank account;
(2) Investigate the nature of the payment to properly distribute and disburse the payment; and
(3) Document unsuccessful attempts to distribute and disburse the payment.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.07 - Collection and Distribution of Support › Section 07.07.07.07 - Record Retention

Current through Register Vol. 51, No. 14, July 12, 2024
The SDU shall retain fiscal case records for each case for the latest of the following periods:
A. 3 years from the closing of the case;
B. The time of closing of any pending audit covering the records;
C. 3 years after receipt of the latest federal tax refund offset; or
D. 5 years after a child support payment has been remitted to the Comptroller as abandoned property.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.08 - State Comptroller Intercept Program › Section 07.07.08.01 - Purpose and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter establishes the procedures of the Child Support Enforcement Administration for identifying and reporting certain delinquent child support obligors to the Comptroller for interception of:
(1) State tax refunds;
(2) Abandoned property; and
(3) Any payment due to the obligor.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.08 - State Comptroller Intercept Program › Section 07.07.08.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Abandoned property" means any personal property delivered to the Comptroller as abandoned by any person.
(2) "Comptroller" means the Comptroller of the Treasury.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.08 - State Comptroller Intercept Program › Section 07.07.08.03 - Duties of the Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administration shall annually certify to the Comptroller child support obligations which are:
(1) More than $150 in arrears; and
(2) Owed on cases in which the obligee is receiving services under Title IV-D of the Social Security Act.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.08 - State Comptroller Intercept Program › Section 07.07.08.04 - Duties of the Comptroller of the Treasury

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Comptroller may not question the certifications of the Administration.
B. The Comptroller shall compare the names certified by the Administration with persons who file tax returns and are entitled to a tax refund, not less often than weekly.
C. The Comptroller shall delete certified names or change amounts when instructed by the Administration. If, because an intercept has been made the Comptroller is unable to do so, the Comptroller shall inform the Administration.
D. If a match is made between a taxpayer eligible for a tax refund and a certified obligor, the Comptroller shall determine whether the refund or the arrears due the obligee or the Administration are greater. If the refund is equal to or less than the arrears due, the Comptroller shall pay the full refund to the Administration. If the refund is greater than the arrears, the Comptroller shall pay only that portion of the refund to the Administration which is equal to the arrears. The Comptroller shall pay the remainder of the refund to the obligor.
E. The Comptroller shall send written notification of the intercept to the obligor within 15 days of the intercept. The notification shall inform the obligor of the right to appeal and of the method of doing so.
F. If a match occurs with one of the parties to a joint tax return, the entire refund is subject to intercept. If a match occurs with a party to a combined separate return, the refund due the obligor only is subject to intercept.
G. The Comptroller shall remit payments from tax returns of obligors to the Administration not less often than weekly. The Comptroller shall submit to the Administration a list identifying the obligors for whom remittance is made. The list shall include the taxpayer's name, Social Security number, Administration case number, the taxpayer's home address, and any other information from his files the Comptroller finds appropriate to substantiate the matching of names.
H. If the Comptroller receives a request to intercept a tax refund for another obligation, other than a tax obligation to the State or any of its subdivisions, the Comptroller shall remit the refund, up to the amount of arrearages certified, to the Administration before honoring the other request.
I. The Comptroller shall:
(1) Withhold the amount of the arrears from abandoned property or any payment due to the obligor;
(2) Remit the amount withheld to the Administration; and
(3) Notify the obligor of:
(a) The amount paid to the Administration; and
(b) The right to appeal the intercept:
(i) To the Office of Administrative Hearings; and
(ii) Pursuant to Regulation .06 of this chapter.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.08 - State Comptroller Intercept Program › Section 07.07.08.05 - Investigation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon notice of certification, the obligor has a right to request an investigation by the Administration if the obligor disputes the existence or amount of the arrears.
B. The Administration may decline to investigate a complaint under the following conditions:
(1) The complaint concerns an issue other than the existence or the amount of the arrears;
(2) The complaint requesting an investigation was received more than 15 days from the date the notification of certification was sent to the obligor for a tax refund; or
(3) The complaint requesting an investigation was received more than 30 days from the date the notification of certification was sent to the obligor for abandoned property or any payment due to the obligor.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.08 - State Comptroller Intercept Program › Section 07.07.08.06 - Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Appeal Rights and Restrictions.
(1) A certified obligor has the right to appeal the intercept of all or part of the obligor's tax refund, abandoned property, or any payment due to the obligor.
(2) An appeal shall be conducted according to COMAR 07.01.04.
(3) An obligor may not appeal except on the claim that:
(a) The arrearage certified does not exist; or
(b) The arrearage does exist but in a lesser amount than that certified by the Administration, or intercepted by the Comptroller.
(4) The obligor may not raise on appeal any issue regarding the amount of tax refund otherwise due the taxpayer. This restriction does not prejudice any rights available under the tax laws.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.09 - Federal Income Tax Refund Offset Program › Section 07.07.09.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "IRS" means the Internal Revenue Service of the U.S. Department of the Treasury, which, under federal law, offsets income tax refunds against certain support obligation arrearages.
(2) "Offset" means withholding by the IRS of all or part of a federal income tax refund due a taxpayer, and remitting it to OCSE for transmittal to the State.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.09 - Federal Income Tax Refund Offset Program › Section 07.07.09.02 - Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administration shall certify to OCSE a noncustodial parent whose support obligation assigned to the State is in arrears $150 or more.
B. The Administration shall certify to OCSE any non-TCA child support arrears which are not assigned to the State if the:
(1) Amount of arrears equals or exceeds $500; and
(2) Obligation is payable to the Administration or other public child support collection agency, and the arrears certified are on record in that agency.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.09 - Federal Income Tax Refund Offset Program › Section 07.07.09.03 - Investigation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The noncustodial parent has a right to request an investigation by the Administration if the:
(1) Noncustodial parent disputes the existence or amount of the arrears; and
(2) Request is received by the Administration not later than 15 days after the date on the notice.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.09 - Federal Income Tax Refund Offset Program › Section 07.07.09.04 - Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person who has been notified by IRS that all or part of the federal income tax refund has been offset for a support obligation arrearage certified by the Administration is entitled to an appeal.
B. The appeal shall be conducted according to COMAR 07.01.04.
C. The date for calculation of the amount of any arrearage used in the decision is the date of the review or hearing.
D. If the decision on the appeal is that no arrearage exists, or that the amount of the income tax refund exceeds the arrearage, the Administration shall reimburse the appellant the appropriate amount within 60 days of the date of the decision, or within 60 days of the date the money is received from the U.S. Treasury, whichever is later.
E. In the case of a consolidated appeal concerning a federal income tax offset and an intercept of a State income tax refund, reimbursement to the appellant, if any, is due 60 days from the date of the decision or 60 days from the date the money from the federal income tax refund is received from the U.S. Treasury, whichever is later.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.09 - Federal Income Tax Refund Offset Program › Section 07.07.09.05 - Distribution

Current through Register Vol. 51, No. 14, July 12, 2024
If an amount is offset from a noncustodial parent owing certified non-TCA and TCA arrears, the intercepted amount shall be applied first to the TCA obligation, and if there is any amount remaining, to the non-TCA obligation.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.10 - Lottery Intercept Program › Section 07.07.10.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following term has the meaning indicated.
B. Term Defined. "Agency" means the State Lottery Agency.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.10 - Lottery Intercept Program › Section 07.07.10.02 - Duties of the Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administration may periodically certify to the Agency any child support obligations which are $150 or more in arrears if the obligation is payable to the Administration or to another public support collection agency, and the arrears certified are on record in that agency.
B. The certification shall provide the name and Social Security number of the obligor, the total arrears due and any other necessary information.
C. In a case certified for non-TCA arrears only, if no appeal is filed, the Administration shall remit the intercepted amount to the custodial parent within 2 business days of the expiration of the appeal period.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.10 - Lottery Intercept Program › Section 07.07.10.03 - Duties of the State Lottery Agency

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Agency may not question the certifications of the Administration.
B. The Agency shall compare the names and Social Security numbers certified by the Administration with the names and Social Security numbers of persons who claim lottery prizes to be paid by check directly by the Agency or by annuity payments.
C. If a match is made between a prize winner and a certified obligor, the Agency shall determine whether the prize or the arrears due the Administration is greater. If the prize is equal to or less than the arrears due, the Agency shall pay the prize to the Administration. If the prize is greater than the arrears, the Agency shall pay that portion of the prize which is equal to the arrears to the Administration, and the remainder to the obligor.
D. If a prize is won by a certified obligor along with another person or persons, the Agency shall intercept only that portion of the prize that is due the obligor.
E. The Agency shall hand deliver or mail a written notification of the intercept to the obligor within 24 hours of the intercept. If the prize is to be paid by a series of payments, the notice shall be given only once. The notice shall be dated and inform the obligor:
(1) Of the Administration's certification of support arrears in the amount specified;
(2) Of the requirements of the law;
(3) That the Agency proposes to pay the prize, or that portion of it equal to the support arrears, to the Administration; and
(4) Of the right to appeal to the Administration.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.10 - Lottery Intercept Program › Section 07.07.10.04 - Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Appeal Rights and Restrictions.
(1) A certified noncustodial parent has the right to appeal the intercept of all or part of a lottery prize.
(2) An appeal shall be conducted according to COMAR 07.01.04.
(3) A noncustodial parent may claim on appeal that either the:
(a) Arrearage certified does not exist; or
(b) Arrears are less than the amount intercepted.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.11 - Child Support Enforcement Incentives › Section 07.07.11.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. Under federal law, the Office of Child Support Enforcement (OCSE) computes and pays the State an incentive payment based on the efficiency and effectiveness of the State's child support enforcement program as measured by prescribed performance standards.
B. Federal and State laws provide that incentives paid to the State shall be divided between the State and its political subdivisions based on a formula devised by the State.
C. This chapter establishes a formula to determine the amount of the incentive to be paid to a political subdivision.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.11 - Child Support Enforcement Incentives › Section 07.07.11.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) Collections.
(a) "Collections" means child support paymentsreceived and disbursed for cases within a subdivision's child support caseload.
(b) "Collections" includes payments received from other states as well as payments forwarded to other states.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.11 - Child Support Enforcement Incentives › Section 07.07.11.03 - Distribution of Incentives

Current through Register Vol. 51, No. 14, July 12, 2024
A. The total amount of federal incentives earned by the State shall be allocated between the State and its local subdivisions.
B. The Administration shall determine annually what portion of the total federal incentives shall be made available for distribution to subdivisions Statewide.
C. The Administration shall pay incentives to an individual subdivision based on a measurement of performance for that subdivision:
(1) In the following areas:
(a) Paternity establishment;
(b) Support order establishment;
(c) Current support collections;
(d) Cases with collections on arrears; and
(e) Cost-effectivenss; and
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.11 - Child Support Enforcement Incentives › Section 07.07.11.04 - Local Subdivision Participation in the Development of the Distribution Methodology

Current through Register Vol. 51, No. 14, July 12, 2024
Before adoption of any change in the distribution methodology, the Administration shall submit a draft of the proposed methodology, including the projected fiscal impact of the change on individual support enforcement agencies, to the administrators of support enforcement agencies for review and comment.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.11 - Child Support Enforcement Incentives › Section 07.07.11.05 - Use of Incentives

Current through Register Vol. 51, No. 14, July 12, 2024
A. A support enforcement agency shall expend incentives only for activities that contribute to the efficiency and effectiveness of the Statewide child support enforcement program, including:
(1) Privatizing and outsourcing of child support enforcement services;
(2) Improving automation capabilities;
(3) Creating public awareness projects;
(4) Developing programs and special projects;
(5) Assisting in staff development and training;
(6) Establishing community outreach programs and activities; and
(7) Other activities approved by the Secretary of the U.S. Department of Health and Human Services.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.12 - Reporting to Consumer Reporting Agencies › Section 07.07.12.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following term has the meaning indicated.
B. Term Defined. "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.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.12 - Reporting to Consumer Reporting Agencies › Section 07.07.12.02 - Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administration shall disclose to any consumer reporting agency information regarding an administrative or court-ordered support obligation owed by the noncustodial parent that:
(1) Is payable to a support enforcement agency; and
(2) Has arrears equal to or greater than payments required in a 60-day period.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.12 - Reporting to Consumer Reporting Agencies › Section 07.07.12.03 - Request for a Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. A noncustodial parent has a right to request that the Administration review the accuracy of the information that it intends to disclose to a consumer reporting agency.
B. A request for a review is effective only if it is:
(1) In writing;
(2) Signed by the noncustodial parent; and
(3) Submitted to the Administration at the address indicated in the notice within 15 days of the date on the notice of the Administration's intent to disclose information to a consumer reporting agency.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.12 - Reporting to Consumer Reporting Agencies › Section 07.07.12.04 - Correction of Information

Current through Register Vol. 51, No. 14, July 12, 2024
If the Administration finds that it has supplied erroneous information to a consumer reporting agency concerning arrears owed by a noncustodial parent, the:
A. Administration shall notify the consumer reporting agency; and
B. Consumer reporting agency shall remove any information concerning the erroneous arrears from the noncustodial parent's credit file.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.12 - Reporting to Consumer Reporting Agencies › Section 07.07.12.05 - Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Appeal Rights and Restrictions.
(1) A noncustodial parent has the right to appeal the decision made by the Administration to disclose to consumer reporting agencies information regarding an administrative or court-ordered support obligation.
(2) An appeal shall be conducted according to COMAR 07.01.04.
(3) A noncustodial parent may not appeal except on the claim that the arrearage:
(a) As determined by the Administration does not exist; or
(b) Is a lesser amount than determined by the Administration.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.13 - Voluntary Parentage Acknowledgement Program › Section 07.07.13.01 - Purpose and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of these regulations is to describe the Voluntary Parentage Acknowledgment Program.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.13 - Voluntary Parentage Acknowledgement Program › Section 07.07.13.02 - Voluntary Parentage Acknowledgement Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administration shall maintain and monitor a parentage acknowledgement program in cooperation with:
(1) Hospitals;
(2) The Department of Health and Mental Hygiene, Division of Vital Records (DHMH/DVR); and
(3) Other participating entities as designated by the Administration.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.13 - Voluntary Parentage Acknowledgement Program › Section 07.07.13.03 - Affidavit of Parentage

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administration shall supply participating entities with a standardized affidavit of parentage form which provides the following information:
(1) A statement that an executed affidavit of parentage is a legal document and constitutes a legal finding of parentage;
(2) A statement that the affidavit may be rescinded by either parent in writing within 60 days of execution of the affidavit;
(3) The full name of the child, and the child's place and date of birth;
(4) The full name of the parent who gave birth to the child;
(5) The full name of the parent who did not give birth to the child;
(6) The signatures of the parents of the child attesting, under penalty of perjury, that the information provided on the affidavit of parentage is true and correct;
(7) A statement by the mother consenting to the assertion of parentage by the other parent and acknowledging that :
(a) The mother's cosignatory is the only possible father of the child; or
(b) The mother and the mother's cosignatory consented to the conception of the child by means of assisted reproduction with the shared intent to be the parents of the child,
(8) A statement by the individual -who did not give birth to the child that:
(a) The individual is the father of the child; or
(b) The individual and the child's mother consented to the conception of the child by means of assisted reproduction with the shared intent to be the parents of the child; and
(9) The personal Social Security number of each parent, or if a parent has no Social Security number, an assertion by the parent that the parent has no Social Security number.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.13 - Voluntary Parentage Acknowledgement Program › Section 07.07.13.04 - Establishment of Parentage Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administration shall:
(1) Maintain and stock informational brochures about the benefits of establishing parentage and the availability of child support services in Maryland; and
(2) Provide the brochures to participating entities.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.14 - Child Support Enforcement Privatization Pilot Program › Section 07.07.14.01 - Child Support Enforcement Privatization Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. A child support enforcement privatization program may operate in Baltimore City.
B. The Secretary may contract with private companies to privatize any of the Department's child support enforcement functions, including:
(1) Locating absent parents;
(2) Establishing paternities;
(3) Establishing child support orders;
(4) Collecting and disbursing support payments; and
(5) Reviewing and modifying child support orders.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.14 - Child Support Enforcement Privatization Pilot Program › Section 07.07.14.02 - Compliance with Program Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A. A private company contracted by the Department to provide child support enforcement services shall comply with:
(1) Federal and State laws and regulations governing child support enforcement services under Title IV-D of the Social Security Act; and
(2) Policy directives issued by the Child Support Enforcement Administration.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.15 - Driver's License Suspension Program › Section 07.07.15.01 - Purpose and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets out the procedures of the Child Support Enforcement Administration for reporting to the Motor Vehicle Administration (MVA) non-custodial parents who owe child support arrears. The purpose of reporting the delinquent non-custodial parents to the MVA is to have the non-custodial parent's license or privilege to drive suspended.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.15 - Driver's License Suspension Program › Section 07.07.15.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "License" has the meaning stated in Transportation Article, §
										11-128, Annotated Code of Maryland.
(2) "Motor Vehicle Administration (MVA)" means the Motor Vehicle Administration of the Department of Transportation.
(3) "Potential employment" means a bona fide offer of employment or enrollment in job-related training which may lead to a bona fide offer of employment.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.15 - Driver's License Suspension Program › Section 07.07.15.03 - Administration Referral to the MVA

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administration may send to the MVA information regarding child support cases in which:
(1) The Administration is providing services under Title IV-D of the Social Security Act, 42 USC §
											651 et seq.; and
(2) The obligor is 60 days or more out of compliance with the most recent court or administrative order.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.15 - Driver's License Suspension Program › Section 07.07.15.04 - Arrearage Payment Schedule Agreement

Current through Register Vol. 51, No. 14, July 12, 2024
A. An noncustodial parent may contact the support enforcement agency to arrange a written arrearage payment schedule agreement.
B. The support enforcement agency and the noncustodial parent shall attempt to negotiate a mutually acceptable agreement.
C. The arrearage payment schedule agreement shall:
(1) Provide for the payment of the full amount of arrearage at the time of the agreement or the reduction of the total arrearage to less than the payments required in a 60-day period;
(2) Establish a time limit for the payment of the full amount of the arrearage;
(3) Provide for payment of the total amount of arrearage owed based on the noncustodial parent's ability to pay; and
(4) Include the date and signature of the noncustodial parent.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.15 - Driver's License Suspension Program › Section 07.07.15.05 - Noncustodial Parent's Request for an Investigation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A noncustodial parent may contest the Administration's proposed action by requesting an investigation.
B. A request for an investigation shall be effective only if it is:
(1) In writing;
(2) Signed by the noncustodial parent; and
(3) Submitted to the Administration postmarked within 30 days of the date on the notice of the Administration's intent to report information to the MVA.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.15 - Driver's License Suspension Program › Section 07.07.15.06 - Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. A noncustodial parent has the right to appeal to OAH the Administration's proposed action.
B. An appeal shall be conducted according to COMAR 07.01.04.
C. A noncustodial parent may not appeal except on a claim specified in Regulation .05C of this chapter.
D. Remedies. The administrative law judge shall use the date of the review or hearing as the date for calculating the amount of any arrearage used in the decision.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.15 - Driver's License Suspension Program › Section 07.07.15.07 - Reinstatement of Noncustodial Parent's Driver's License

Current through Register Vol. 51, No. 14, July 12, 2024
The noncustodial parent is eligible for driver's license reinstatement when the:
A. Noncustodial parent has paid the arrearage in full;
B. Noncustodial parent has paid the administrative or court-ordered amount of support for 6 consecutive months;
C. Administration finds that the noncustodial parent's claim under Regulation .05C of this chapter is valid; or
D. The MVA receives an administrative or court order which orders the MVA to reinstate the noncustodial parent's license.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.15 - Driver's License Suspension Program › Section 07.07.15.08 - Notification to the MVA

Current through Register Vol. 51, No. 14, July 12, 2024
The Administration shall notify the MVA when the noncustodial parent satisfies the reinstatement criteria cited in Regulation .07 of this chapter.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.16 - Business, Occupational, and Professional License Suspension Program › Section 07.07.16.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes the procedures for identifying and reporting certain delinquent obligors of child support to a licensing authority for the purpose of suspension or denial of the obligor's license necessary to practice or engage in a business, occupation, or profession.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.16 - Business, Occupational, and Professional License Suspension Program › Section 07.07.16.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Arrearage" means unpaid and past due child support payments owed under a court order.
(2) "Days" means calendar days except when business days are specified.
(3) "License" means a license, certificate, registration, permit, or other authorization that is:
(a) Issued by a licensing authority;
(b) Subject to suspension, revocation, forfeiture, or termination by a licensing authority; and
(c) Necessary for an individual to practice or engage in a particular business, occupation, or profession.
(4) Licensing Authority.
(a) "Licensing authority" means a State agency, unit of an agency, a commission, board, office, or Court of the State that issues licenses.
(b) "Licensing authority" includes:
(i) Clerks of the court;
(ii) Comptroller of the Treasury;
(iii) Department of Agriculture;
(iv) Department of Health and Mental Hygiene;
(v) Department of Human Resources;
(vi) Department of Labor, Licensing, and Regulation;
(vii) Department of Natural Resources;
(viii) Department of the Environment;
(ix) Department of Transportation
(x) Maryland Insurance Administration;
(xi) Office of the Attorney General;
(xii) Public Service Commission;
(xiii) Secretary of State;
(xiv) State Department of Education; and
(xv) Court of Appeals.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.16 - Business, Occupational, and Professional License Suspension Program › Section 07.07.16.03 - Administration's Request for License Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administration may request information under this chapter from a licensing authority concerning an obligor who is in arrears amounting to more than 120 days under the most recent court order that is payable through a support enforcement agency.
B. The request for information shall contain the obligor's:
(1) Full name;
(2) Social Security number; and
(3) Most recent address, if known.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.16 - Business, Occupational, and Professional License Suspension Program › Section 07.07.16.04 - Licensing Authority's Responsibility for Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon request from the Administration, a licensing authority shall submit to the Administration information regarding an obligor who is licensed by or has applied for a license from the licensing authority. The licensing authority shall include:
(1) The obligor's full name, including aliases, if known;
(2) The obligor's most recent home and business addresses;
(3) The obligor's Social Security number, if known;
(4) A description of the license applied for or held by the obligor; and
(5) The date the license was issued, if applicable.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.16 - Business, Occupational, and Professional License Suspension Program › Section 07.07.16.05 - Administration's Request to Suspend or Deny License

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in Regulations .06 and .08 of this chapter, the Administration may request a licensing authority to suspend or deny an obligor's license if the obligor is in arrears amounting to more than 120 days under the most recent court order, and the:
(1) Administration has accepted an assignment of support under Article 88A, § 50(b)(2), Annotated Code of Maryland; or
(2) Recipient of support payments has filed an application for support enforcement services with the Administration.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.16 - Business, Occupational, and Professional License Suspension Program › Section 07.07.16.06 - When Licensing Authority is the Court of Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. If an individual meets the criteria specified in Regulation .03 of this chapter and holds a license issued by the Court of Appeals, the Administration may make a referral to the Attorney Grievance Commission of Maryland for proceedings in accordance with the Maryland Rules governing attorney discipline.
B. At the recommendation of the Attorney Grievance Commission of Maryland, the Court of Appeals may suspend an individual's license or take other action against the individual as authorized by the Maryland Rules governing attorney discipline.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.16 - Business, Occupational, and Professional License Suspension Program › Section 07.07.16.07 - Administration's Notice to Obligor of Request to Suspend or Deny License

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administration shall send written notice of the proposed action to the obligor at the obligor's last known address at least 30 days before:
(1) Requesting a licensing authority to suspend or deny a license; or
(2) Making a referral under Regulation .06 of this chapter.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.16 - Business, Occupational, and Professional License Suspension Program › Section 07.07.16.08 - Prohibition of Administration's Request to Suspend or Deny a License

Current through Register Vol. 51, No. 14, July 12, 2024
The Administration may not request a licensing authority to suspend or deny a license or make a referral under Regulation .06 of this chapter if:
A. The Administration has entered into an arrearage payment schedule agreement with the obligor, as provided in Regulation .09 of this chapter, and the obligor is complying with the agreement;
B. The Administration has received an investigation request from the obligor, as provided in Regulation .10 of this chapter, and the Administration has determined that it is inappropriate to suspend or deny the license;
C. The obligor has appealed the decision of the Administration to the Office of Administrative Hearings (OAH) and a decision:
(1) Has not yet been reached; or
(2) In favor of the obligor was reached; or
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.16 - Business, Occupational, and Professional License Suspension Program › Section 07.07.16.09 - Arrearage Payment Schedule Agreement

Current through Register Vol. 51, No. 14, July 12, 2024
A. An obligor may contact the support enforcement agency to arrange a written arrearage payment schedule agreement.
B. The support enforcement agency shall attempt to negotiate with the obligor to reach a mutually acceptable agreement.
C. The arrearage payment schedule agreement shall:
(1) Provide for the:
(a) Payment of the full amount of arrearage at the time of the agreement, or
(b) Reduction of the total arrearage to less than the payments required in a 120-day period;
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.16 - Business, Occupational, and Professional License Suspension Program › Section 07.07.16.10 - Obligor's Request for an Investigation

Current through Register Vol. 51, No. 14, July 12, 2024
A. An obligor may request that the Administration investigate the accuracy of the Administration's records regarding the support obligation and the arrears.
B. A request for an investigation is effective only if it is:
(1) In writing;
(2) Signed by the obligor; and
(3) Submitted to the Administration in an envelope postmarked within 15 days of the date of the Administration's notice issued under Regulation .07 of this chapter.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.16 - Business, Occupational, and Professional License Suspension Program › Section 07.07.16.11 - Administration's Responsibility for Investigation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon receipt of a written request for an investigation, the Administration shall:
(1) Conduct an investigation;
(2) Use the date of receipt of the request as the date of:
(a) Determination of the support obligation amount, and
(b) Calculation of the amount of any arrearage due;
(3) Review any documents submitted by the obligor;
(4) Prepare a written summary of the conclusions of its investigation;
(5) Issue a decision concerning the:
(a) Amount of the arrearage, and
(b) Intent to proceed with the request for license suspension; and
(6) Forward to the obligor:
(a) The Administration's investigation summary, and
(b) Information of the obligor's right to appeal the Administration's decision to OAH.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.16 - Business, Occupational, and Professional License Suspension Program › Section 07.07.16.12 - Obligor's Appeal of Administration's Decision to OAH

Current through Register Vol. 51, No. 14, July 12, 2024
A. An obligor may appeal to OAH the Administration's decision to request a licensing authority to suspend or deny the obligor's license.
B. The obligor may appeal the decision only on a claim that the:
(1) Support order does not exist;
(2) Obligor is not the individual who owes support under the order; or
(3) Amount of arrearage owed is incorrect.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.16 - Business, Occupational, and Professional License Suspension Program › Section 07.07.16.13 - Licensing Authority's Responsibility for Suspension or Denial of License

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon request from the Administration, the licensing authority shall:
(1) Suspend the obligor's license; or
(2) Deny the license of the obligor who is an applicant for a license from the licensing authority.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.16 - Business, Occupational, and Professional License Suspension Program › Section 07.07.16.14 - Obligor's Appeal of License Suspension or Denial

Current through Register Vol. 51, No. 14, July 12, 2024
A. An obligor may appeal the licensing authority's decision to suspend or deny the obligor's license by filing a signed written appeal, within 30 days of the date of the licensing authority's notice of suspension, with the licensing authority or OAH.
B. The obligor may appeal the decision only on a claim of mistaken identity and has the burden of proof to prove that the obligor is not the individual in question.
C. The appeal to OAH shall be conducted as provided in COMAR 07.01.04.
D. The licensing authority may require that a representative from the Administration:
(1) Provide testimony or evidence; or
(2) Submit documents for a hearing or record review.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.16 - Business, Occupational, and Professional License Suspension Program › Section 07.07.16.15 - Administration's Request to Reinstate Obligor's License

Current through Register Vol. 51, No. 14, July 12, 2024
The Administration shall notify the licensing authority to reinstate any license suspended or denied within 10 days after the:
A. Administration receives a court order to reinstate the suspended license;
B. Obligor pays the:
(1) Support arrearage in full; or
(2) Ordered amount of support for 4 consecutive months after the effective date of the license suspension; or
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.16 - Business, Occupational, and Professional License Suspension Program › Section 07.07.16.16 - Licensing Authority's Reinstatement of Obligor's License

Current through Register Vol. 51, No. 14, July 12, 2024
A. The licensing authority shall reinstate the license of an obligor within 1 business day upon receipt of a:
(1) Notice from the Administration requesting reinstatement; or
(2) Court order:
(a) Directing the licensing authority to reinstate the license, or
(b) Which otherwise would be violated or in conflict with the license suspension.