reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.17 - Passport Denial and Revocation Program › Section 07.07.17.01 - 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 obligors of child support to the federal Office of Child Support Enforcement (OCSE) for the denial, revocation, or limitation of the obligor's passport.
B. An obligor with support obligations over $2,500 is subject to denial, revocation, or limitation of the obligor's passport.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.17 - Passport Denial and Revocation Program › Section 07.07.17.02 - Notice of Certification for Passport Denial or Revocation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administration shall certify to OCSE an obligor whose support obligation arrearage exceeds $2,500.
B. The Administration shall send written notice of the certification to the obligor at the obligor's last known address at least 30 days before certification.
C. The notice shall advise the obligor of the:
(1) Amount of the arrears as of the date of the notice;
(2) Possibility that the obligor's passport will be denied, revoked, or restricted by the State Department of the United States;
(3) Opportunity to contest the accuracy of the arrears by requesting an investigation;
(4) Procedures for requesting an investigation; and
(5) Right to appeal the denial, revocation, or limitation of the obligor's passport.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.17 - Passport Denial and Revocation Program › Section 07.07.17.03 - Obligor's Request for Investigation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon notice of certification, an obligor may request that the Administration investigate the accuracy of the records regarding the:
(1) Support obligation; and
(2) Arrears.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.17 - Passport Denial and Revocation Program › Section 07.07.17.04 - Administration's Response to Investigation Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon receipt of a timely request for an investigation, the Administration shall:
(1) Use the date of receipt of the written request for an investigation as the:
(a) Date of determination of the support obligation amount, and
(b) Calculation of the amount of any arrearage due;
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.17 - Passport Denial and Revocation Program › Section 07.07.17.05 - Obligor's Appeal of Passport Denial or Revocation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The State Department of the United States will notify an obligor when the obligor's passport has been denied, revoked, or limited.
B. Within 30 days of receipt of the State Department's notice, the obligor may appeal the Administration's certification of arrears to the Office of Administrative Hearings (OAH).
C. The obligor may appeal only on the claim that:
(1) An arrearage does not exist;
(2) An arrearage does exist but never exceeded the $2,500 threshold; or
(3) A passport is required for employment purposes and neither the obligor nor the obligor's employer is able to pay the arrears in full.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.17 - Passport Denial and Revocation Program › Section 07.07.17.06 - Administration's Request to Withdraw Passport Denial

Current through Register Vol. 51, No. 14, July 12, 2024
The Administration shall request that the Office of Child Support Enforcement withdraw the passport denial if the:
A. Administration has received a court order to withdraw the passport denial;
B. Obligor has:
(1) Paid the support arrearage in full; or
(2) Provided documentation from the employer that a passport is required for employment purposes and that the Administration has been paid an agreed upon amount that is less than the full amount of arrears;
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.18 - Administrative Offset Program › Section 07.07.18.01 - Purpose and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes the procedures of the Child Support Enforcement Administration for identifying and reporting certain delinquent obligors of child support to the federal Office of Child Support Enforcement (OCSE) for the offset of certain federal payments.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.18 - Administrative Offset Program › Section 07.07.18.02 - 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) "Financial Management Services (FMS)" means the unit of the U.S. Department of the Treasury, which, under federal law, offsets certain federal payments to satisfy support obligation arrears.
(2) "Offset" means withholding by the FMS of all or part of certain federal payments due an individual, and remitting payments to OCSE for transmittal to the State.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.18 - Administrative Offset Program › Section 07.07.18.03 - Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administration shall certify to OCSE support arrears which are:
(1) Assigned to the State if the arrears are $150 or more; and
(2) Not assigned to the State if the:
(a) Amount of arrears equals or exceeds $500,
(b) Obligation is payable to a support enforcement agency, and the certified arrears are on record in that agency, and
(c) Obligee is receiving services under the Social Security Act, Title IV, Part D.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.18 - Administrative Offset Program › Section 07.07.18.04 - Request for Investigation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon notice of certification, an obligor may request that the Administration investigate the accuracy of the Administration's records regarding the support obligation and arrears.
B. A request for an investigation is effective if it is:
(1) In writing;
(2) Signed by the obligor; and
(3) Submitted to the Administration postmarked within 15 days of the date of the certification notice.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.18 - Administrative Offset Program › Section 07.07.18.05 - Administration's Response to Investigation Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon receipt of a timely request for an investigation, the Administration shall:
(1) Conduct an investigation;
(2) Review any documents submitted by the obligor;
(3) Calculate the arrears owed as of the date of the investigation;
(4) Update the case records to reflect new or additional information;
(5) Prepare a written summary of the investigation conclusions including a decision concerning the:
(a) Amount of the arrears, and
(b) Administration's pending actions, if any; and
(6) Forward the investigation summary to the obligor.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.18 - Administrative Offset Program › Section 07.07.18.06 - Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. FMS notifies an obligor in writing when all or part of the obligor's federal payment has been offset.
B. Within 30 days of receipt of the notice from FMS, the obligor may appeal the offset of the federal payment.
C. The appeal may be based only on a claim:
(1) That the arrearage:
(a) Does not exist, or
(b) Does exist, but is less than the amount offset; or
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.19 - Administrative Earnings Withholding › Section 07.07.19.01 - Purpose and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes the procedures of the Child Support Enforcement Administration for:
A. Issuing an administrative earnings withholding notice to an employer of an obligor;
B. Determining the amount of arrears to be withheld by the employer; and
C. Providing the obligor with an opportunity to contest the withholding.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.19 - Administrative Earnings Withholding › Section 07.07.19.02 - 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) "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.
(2) "New hire data match" means the automated process of matching obligors who owe a child support obligation with information on a newly hired employee reported by employers under 42 U.S.C. §
											653(a).
(3) "Newly hired employee" means an employee who:
(a) Has not been previously employed by the employer; or
(b) Was previously employed by the employer but has been separated from such prior employment for at least 60 consecutive days.
(4) "Support" includes:
(a) Child support;
(b) Spousal support if included in an order for child support;
(c) Nondifferentiated child and spousal support; and
(d) Any medical support ordered by a court, including converted funds as defined in Health-General Article, §15-122.2, Annotated Code of Maryland.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.19 - Administrative Earnings Withholding › Section 07.07.19.03 - Issuance of an Earnings Withholding Notice by the Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administration may issue an earnings withholding notice if a tribunal has issued a support order subjecting the obligor to earnings withholding, and either:
(1) The Administration is providing child support services under Title IV-D of the Social Security Act; or
(2) The obligor requests the service of an earnings withholding order 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 07.07.19 - Administrative Earnings Withholding › Section 07.07.19.04 - Amount of Earnings to be Withheld

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administration shall:
(1) Determine the total amount to be withheld from the obligor's earnings pursuant to Family Law Article, §
										10-122, Annotated Code of Maryland; and
(2) Specify the amount to be withheld in the earnings withholding notice.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.19 - Administrative Earnings Withholding › Section 07.07.19.05 - Service of Earnings Withholding Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administration shall serve an employer with an earnings withholding notice by:
(1) First class mail;
(2) Certified mail; or
(3) Electronic format, if the employer has entered into an agreement with the Administration to accept service of an earnings withholding notice in this manner.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.19 - Administrative Earnings Withholding › Section 07.07.19.06 - Responsibilities of Employer

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon receipt of an earnings withholding notice, an employer shall, beginning with the next pay period after receipt of the notice:
(1) Deduct the amount of the withholding from the obligor's earnings on a regular basis; and
(2) Send the deducted amount to the State disbursement unit as specified in the earnings withholding notice, within 7 business days after the day on which the earnings are paid to the obligor.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.19 - Administrative Earnings Withholding › Section 07.07.19.07 - Amendment or Termination of Withholding

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administration shall issue an amended earnings withholding notice to an obligor's employer when:
(1) The support obligation changes;
(2) The Administration changes the amount to be paid toward the arrears; or
(3) All arrears have been paid in full and only current support is due.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.19 - Administrative Earnings Withholding › Section 07.07.19.08 - Effect of the Earnings Withholding Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A. An earnings withholding notice sent to an employer is sufficient to order withholding.
B. An earnings withholding notice is binding on each present and future employer on whom a copy of the earnings withholding notice is served.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.19 - Administrative Earnings Withholding › Section 07.07.19.09 - Right to Contest

Current through Register Vol. 51, No. 14, July 12, 2024
An obligor may contest the accuracy of the information contained in an earnings withholding notice by filing a:
A. Request for an investigation with the Administration within 15 days of the date the earnings withholding notice was mailed to the obligor under Regulation .05 of this chapter; or
B. Motion for stay of the earnings withholding notice in circuit court within 15 days of the date the earnings withholding notice was mailed to the obligor under Regulation .05 of this chapter.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.19 - Administrative Earnings Withholding › Section 07.07.19.10 - Grounds for Contest

Current through Register Vol. 51, No. 14, July 12, 2024
A. The grounds for contest shall be limited to the accuracy of the earnings withholding notice. The obligor may contest:
(1) The existence of an arrearage;
(2) The amount of the withholding or the amount of any arrearage;
(3) The identity of the obligor; or
(4) That the amount specified in the earnings withholding notice exceeds the maximum amount permitted under § 303(b) of the federal Consumer Credit Act, 15 U.S.C. §
											1673(b).
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.19 - Administrative Earnings Withholding › Section 07.07.19.11 - Procedures for Administrative Contest; Investigation

Current through Register Vol. 51, No. 14, July 12, 2024
A. An obligor may contest the accuracy of the information provided in the earnings withholding notice by requesting an investigation.
B. A request for an investigation is effective only if it is:
(1) In writing;
(2) Signed by the obligor;
(3) Accompanied by a copy of the earnings withholding notice;
(4) Sent to the Administration at the address provided in the earnings withholding notice; and
(5) Received by the Administration not later than 30 days after a copy of the earnings withholding notice was mailed to the obligor.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.19 - Administrative Earnings Withholding › Section 07.07.19.12 - Appeal of Investigation Results to the Office of Administrative Hearings (OAH)

Current through Register Vol. 51, No. 14, July 12, 2024
A. The obligor may appeal the results of the Administration's investigation to OAH.
B. The only issues that may be appealed to OAH are those in Regulation .10 of this chapter.
C. The appeal to OAH shall be effective only if it is:
(1) Submitted in writing on a form provided by the Administration;
(2) Signed by the obligor;
(3) Accompanied by:
(a) A copy of the results of the Administration's investigation;
(b) A copy of the earnings withholding notice; and
(c) Payment of any fee required by OAH; and
(4) Received by OAH within 30 days of the date the results of the investigation were mailed to the obligor.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.20 - Administrative Enforcement of Medical Support › Section 07.07.20.01 - Purpose and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to:
A. Establish the procedures of the Child Support Enforcement Administration for issuing a national medical support notice (NMSN) to an employer of a parent who is obligated under a child support order to provide medical support for the child;
B. Establish specific responsibilities, procedures, and time frames for employers, insurers, and health insurance plan administrators with respect to enrolling children in health insurance plans; and
C. Create an administrative appeal process for the parent to contest the enforcement of the NMSN.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.20 - Administrative Enforcement of Medical Support › Section 07.07.20.02 - 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) "Child support order" means an order issued by a tribunal establishing a parent's obligation to pay child support or provide medical support for a child.
(2) "Health insurance coverage" means any type of health care coverage under which medical care services can be provided to the child through an insurer.
(3) "Insurer" means:
(a) An insurer, a nonprofit health service organization, or a health maintenance organization operating in the State under a certificate of authority issued by the Maryland Insurance Commissioner;
(b) An entity that provides a group health plan, as defined in § 607(1) of the Employee Retirement Income Security Act of 1974 (ERISA); or
(c) An entity offering a service benefit plan as defined by federal law.
(4) "National medical support notice (NMSN)" means a notice in a format prescribed by federal law and issued by a tribunal for the purpose of enforcing the medical support provisions in a child support order.
(5) "Plan administrator" means the person responsible for administering the group health plan or other employer's insurance plan in which an obligated parent is enrolled or eligible for enrollment.
(6) "Qualified medical child support order" means a medical child support order issued under State law that complies with § 609(A) of ERISA.
(7) "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify a child support order.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.20 - Administrative Enforcement of Medical Support › Section 07.07.20.03 - Issuance of an NMSN by the Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administration shall issue an NMSN for any child support case in which:
(1) An individual is receiving services under Title IV-D of the Social Security Act;
(2) A tribunal has ordered the obligated parent to include the child in the parent's health insurance coverage;
(3) Health insurance coverage is available through the obligated parent's employer; and
(4) The child does not have health insurance coverage.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.20 - Administrative Enforcement of Medical Support › Section 07.07.20.04 - Service of NMSN on an Employer

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administration shall serve an employer with an NMSN by first class mail.
B. The Administration may issue an NMSN separate from or in conjunction with an earnings withholding order or an earnings withholding notice.
C. When the Administration serves an NMSN on the employer of an obligated parent under order to provide medical support, the Administration shall forward to the obligated parent:
(1) Notification that the NMSN was sent to the employer; and
(2) A form that the obligated parent completes to request an investigation.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.20 - Administrative Enforcement of Medical Support › Section 07.07.20.05 - Processing the NMSN

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 20 business days of receipt of the NMSN, the employer shall:
(1) Complete and forward Part A of the NMSN to the Administration if:
(a) The employer does not maintain or contribute to plans providing dependent or family health care coverage;
(b) The employee is not eligible for family health coverage; or
(c) Health care coverage is not available because the employee is no longer working for the employer; or
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.20 - Administrative Enforcement of Medical Support › Section 07.07.20.06 - Limitation on Earnings to be Withheld

Current through Register Vol. 51, No. 14, July 12, 2024
A. The amount of an employee's contribution for health insurance coverage to be withheld by an employer may not exceed the lesser of the amount:
(1) Specified in the underlying child support order; or
(2) Allowed by the limits of the Federal Consumer Credit Protection Act.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.20 - Administrative Enforcement of Medical Support › Section 07.07.20.07 - Administration's Selection of a Plan

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the insurer sends written notice to the Administration that the obligated parent is eligible for more than one health insurance plan, and the parent is not enrolled in any plan that provides dependent coverage, the Administration shall select a plan in consultation with the custodial parent.
B. If the Administration attempts to consult with the custodial parent as provided for in §A of this regulation, and the custodial parent fails to participate in the selection of a plan, the Administration shall select a plan:
(1) That provides comprehensive coverage, including:
(a) Hospital services;
(b) Medical services; and
(c) Prescriptions;
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.20 - Administrative Enforcement of Medical Support › Section 07.07.20.08 - Penalties for Employer and Insurer

Current through Register Vol. 51, No. 14, July 12, 2024
A parent or the Administration may take civil action against an employer or insurer who fails to comply with the provisions of the NMSN without good cause.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.20 - Administrative Enforcement of Medical Support › Section 07.07.20.09 - Investigation

Current through Register Vol. 51, No. 14, July 12, 2024
A. An obligated parent shall have one opportunity to contest the withholding of earnings for the cost of health care coverage for a child enrolled in the plan pursuant to an NMSN, based on a mistake of fact, by requesting an investigation.
B. A request for an investigation pursuant to §A of this regulation shall be:
(1) In writing on a form provided by the Administration; and
(2) Submitted to the Administration not later than 15 days after:
(a) Receiving the notification as specified in Regulation .04C of this chapter; or
(b) The first deduction for the health insurance premium is made from the employee's earnings.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.20 - Administrative Enforcement of Medical Support › Section 07.07.20.10 - Appeal to the Office of Administrative Hearings (OAH)

Current through Register Vol. 51, No. 14, July 12, 2024
A. The obligated parent may appeal to the Office of Administrative Hearings (OAH) the results of the Administration's investigation based on a mistake of fact.
B. The only issues that may be appealed to OAH are:
(1) The identity of the obligated parent;
(2) That there is no underlying court order requiring the employee to provide medical support for the child;
(3) That the amount of the withholding exceeds the limits of the Federal Consumer Credit Protection Act; or
(4) That the child for whom health insurance coverage is sought is emancipated.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.20 - Administrative Enforcement of Medical Support › Section 07.07.20.11 - Terminating an NMSN

Current through Register Vol. 51, No. 14, July 12, 2024
The Administration shall send a notice to the employer to terminate the NMSN within 15 days of obtaining documentation that:
A. The court order requiring medical support was terminated by the court;
B. The order for medical support is no longer in effect;
C. The child has died or reached the age of emancipation;
D. The results of an investigation conducted pursuant to regulation .09 of this chapter warrant termination of the NMSN; or
E. A decision from the Office of Administrative Hearings (OAH) in an appeal filed by the parent was resolved in favor of the parent.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.21 - Administrative Garnishment of Financial Accounts › Section 07.07.21.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets forth the Administration's procedures for garnishing financial accounts owned by delinquent child support obligors. The chapter also clarifies the reasons for which an obligor or other account holder of interest may challenge the Administration's actions.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.21 - Administrative Garnishment of Financial Accounts › Section 07.07.21.02 - 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) "Account" has the meaning specified in Family Law Article, §
										10-108.2(a)(2), Annotated Code of Maryland.
(2) "Account holder of interest" has the meaning specified in Family Law Article, §
										10-108.2(a)(3), Annotated Code of Maryland.
(3) "Delinquent obligor" means an obligor who is $500 or more in arrears of a child support obligation and has made no payment in 60 days.
(4) "Financial institution" has the meaning specified in Family Law Article, §
										10-108.2(a)(4), Annotated Code of Maryland.
(5) "Good cause" means a mistake of fact.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.21 - Administrative Garnishment of Financial Accounts › Section 07.07.21.03 - Administrative Garnishment of Obligor's Account

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administration may take action to garnish an account owned by a delinquent obligor to satisfy child support arrears.
B. The Administration's procedures for garnishing an account shall comply with the provisions of Family Law Article, §§
									10-108.3 and  10-108.4, Annotated Code of Maryland.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.21 - Administrative Garnishment of Financial Accounts › Section 07.07.21.04 - Challenge by Obligor or Account Holder of Interest

Current through Register Vol. 51, No. 14, July 12, 2024
A. If, pursuant to Family Law Article, §
									10-108.3(h), Annotated Code of Maryland, an obligor or account holder of interest challenges the Administration's actions, the challenge may be based only on a claim that:
(1) There is a mistake of fact, including:
(a) A mistake in the identity of the obligor;
(b) A mistake in ownership of an account;
(c) A mistake in the contents of an account;
(d) A mistake in the amount of arrearage due; or
(e) Other good cause; or
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.21 - Administrative Garnishment of Financial Accounts › Section 07.07.21.05 - Appeal to the Office of Administrative Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. An appeal to the Office of Administrative Hearings (OAH) pursuant to Family Law Article, §
									10-108.3(l), Annotated Code of Maryland, may be based only on the grounds specified in Regulation .04A of this chapter.
B. The appeal to OAH shall be conducted in accordance with COMAR 07.01.04.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.21 - Administrative Garnishment of Financial Accounts › Section 07.07.21.06 - Administration's Notice to Financial Institution to Forward Seized Funds

Current through Register Vol. 51, No. 14, July 12, 2024
The Administration shall send notice to the financial institution to forward the appropriate amount of funds seized if:
A. No timely challenge of the Administration's actions is filed pursuant to Family Law Article, §
									10-108.3(h), Annotated Code of Maryland;
B. No timely appeal to the Office of Administrative Hearings is filed pursuant to Family Law Article, §
									10-108.3(l), Annotated Code of Maryland; or
C. The Administration has not received the notice required under Regulation .04B of this chapter within 30 days of the date of the notice sent by the Administration pursuant to Family Law Article, §
									10-108.3(e), Annotated Code of Maryland.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.22 - Affidavit of Support › Section 07.07.22.01 - Purpose and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter describes the procedures of the Administration to establish a child support obligation by means of an affidavit of support. The chapter also describes the process for rescinding an executed affidavit of support.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.22 - Affidavit of Support › Section 07.07.22.02 - 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) "Child support order" has the meaning stated in Family Law Article, § 10-1 A-01, Annotated Code of Maryland.
(2) "Date of execution" means:
(a) The date that all parties and the Administration have signed the affidavit of support form; or
(b) If a party or the Administration signs the affidavit of support on a date that is different from the date the other party or the Administration has signed, then the latest of the dates.
(3) "Executed affidavit of support" means an affidavit of support form that all parties and the Administration have signed.
(4) "On the record" means a document attached to the affidavit of support which delineates the reasons for deviating from child support guidelines pursuant to Family Law Article, Title 12, Subtitle 2, Annotated Code of Maryland.
(5) "Party" has the meaning stated in Family Law Article, § 10-1 A-01, Annotated Code of Maryland.
(6) "Support conference" means a conference conducted by the Administration to provide an opportunity to the parties to voluntarily agree to the provisions of a support obligation.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.22 - Affidavit of Support › Section 07.07.22.03 - Affidavit of Support to Establish a Support Obligation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administration may initiate action to establish a child support obligation pursuant to Family Law Article, Title 10, Subtitle 1A, Annotated Code of Maryland, if:
(1) A party is receiving child support services under Title IV, Part D, of the Social Security Act;
(2) Paternity of the child has been established;
(3) A support conference, as specified in §B of this regulation, has been conducted; and
(4) The support conference resulted in an agreement by the parties.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.22 - Affidavit of Support › Section 07.07.22.04 - Rescinding an Affidavit of Support

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party may rescind the affidavit of support within 60 days after execution.
B. To be effective, the request for rescission shall be:
(1) In writing, on a standardized form developed by the Administration;
(2) Signed and dated before a notary public; and
(3) Received by the Administration within 60 days from the date of execution.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.22 - Affidavit of Support › Section 07.07.22.05 - Enforcement of an Affidavit of Support

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administration shall enforce the provisions of the affidavit of support and collect the support obligation, including arrearages, from the date of execution.
B. The affidavit of support shall be regarded in the same manner as a child support order issued by a court, with all the same enforcement remedies, including contempt of court, that are available to a support order issued by a tribunal.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.22 - Affidavit of Support › Section 07.07.22.06 - Modification of Support Obligation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant to Family Law Article, § 10-1 A-03, Annotated Code of Maryland, if any party to the affidavit of support presents evidence to the Administration of a material change in circumstances since entry of the last child support order, the parties may execute a subsequent affidavit of support.
B. If there is a preexisting child support order, the subsequently executed affidavit of support supersedes the order until overruled by a tribunal.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.23 - Child Support Payment Incentive Program › Section 07.07.23.01 - Purpose and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. The purpose of this chapter is to establish the procedures for administering the Child Support Payment Incentive Program.
B. The purpose of this Program is to encourage low income noncustodial parents to make consistent payments of child support in exchange for a reduction of permanently assigned State owed arrears.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.23 - Child Support Payment Incentive Program › Section 07.07.23.02 - 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) "Noncustodial parent's household" means the noncustodial parent, the children living in the noncustodial parent's current household, and the children for whom the noncustodial parent is required to pay child support under a support order that is the subject of the application to the Program.
(2) "Program" means the Child Support Payment Incentive Program.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.23 - Child Support Payment Incentive Program › Section 07.07.23.03 - Application Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. To be considered for participation in the Program, the noncustodial parent shall:
(1) Submit to the Administration a completed application on a form provided by the Administration;
(2) Provide all information specified in the application form; and
(3) Include documentation as required by the Administration.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.23 - Child Support Payment Incentive Program › Section 07.07.23.04 - Eligibility Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. The applicant shall be the noncustodial parent associated with a Maryland court order, for which there has been an assignment of support rights pursuant to Human Services Article, §
									5-312(b)(2), Annotated Code of Maryland.
B. The noncustodial parent's gross income shall be less than 225 percent of the federal poverty level, as defined by the United States Department of Health and Human Services, for the noncustodial parent's household size as defined in Regulation .02B(1) of this chapter.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.23 - Child Support Payment Incentive Program › Section 07.07.23.05 - Responsibilities of the Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 60 days of receiving a complete application, the Administration shall:
(1) Take into consideration:
(a) The noncustodial parent's current ability to pay;
(b) Whether the reduction of arrearages will encourage the noncustodial parent's economic stability; and
(c) Whether the agreement serves the best interests of a child for whom the noncustodial parent is required to support;
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.23 - Child Support Payment Incentive Program › Section 07.07.23.06 - Appeal Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. If participation to the Program is denied, the Administration shall provide information to the noncustodial parent regarding a right to appeal the decision to the Office of Administrative Hearings (OAH).
B. The Administration shall provide an appeal form along with the notice.
C. A noncustodial parent who is appealing the Administration's decision shall file the appeal with OAH not later than 30 days from the date of the Administration's decision notice.
D. OAH shall conduct an appeal in accordance with COMAR 07.01.04.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.23 - Child Support Payment Incentive Program › Section 07.07.23.07 - Program Agreement

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the noncustodial parent is authorized to participate in the Program, the Administration shall enter into an agreement with the participating noncustodial parent.
B. The agreement shall include the following:
(1) An arrearage reduction schedule as described in Regulation .08 of this chapter;
(2) A statement that all enforcement actions shall be suspended, unless the suspension would be in conflict with federal law, such as Passport Denial and federal tax intercept; and
(3) The requirement that any earnings withholding in place shall continue in an amount consistent with the agreement.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.23 - Child Support Payment Incentive Program › Section 07.07.23.08 - Arrearage Reduction Schedule

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the noncustodial parent makes:
(1) 12 months of consecutive court ordered payments, the arrearages shall be reduced by 50 percent of the amount of arrearages owed at the time of the agreement or the balance due at the end of the 12-month period, whichever is less; and
(2) 24 months of consecutive court ordered payments, the remaining arrearages from the original agreement shall be reduced to zero.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.23 - Child Support Payment Incentive Program › Section 07.07.23.09 - Termination from the Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the noncustodial parent fails to make two consecutive monthly support obligation payments, the noncustodial parent shall be terminated from the Program.
B. If the noncustodial parent is terminated from the Program more than two times, the noncustodial parent is ineligible for future participation in the Program.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.23 - Child Support Payment Incentive Program › Section 07.07.23.10 - Reapplication into the Program

Current through Register Vol. 51, No. 14, July 12, 2024
If the noncustodial parent is terminated from the Program, as described in Regulation .09 of this chapter, and requests reapplication into the Program, the noncustodial parent may reapply and enter into a new agreement with the understanding that the time period starts from the time the noncustodial parent enters into the new agreement.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.24 - Incarcerated Obligor › Section 07.07.24.01 - Purpose and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
The Administration shall establish a procedure by which an obligee may challenge the Administration's intent to adjust the payment record of an obligor who has been sentenced to a period of incarceration of 18 months or more. The dministration may only make such an adjustment under this regulation with respect to a support order issued or modified after October 1, 2012.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.24 - Incarcerated Obligor › Section 07.07.24.02 - Applicability Criteria for Payment Record Adjustment

Current through Register Vol. 51, No. 14, July 12, 2024
A. At the time of sentencing is expected to be imprisoned for 18 consecutive months or more:
(1) Including time served; and
(2) Excluding any portion of the sentence that is suspended;
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.24 - Incarcerated Obligor › Section 07.07.24.03 - Responsibilities of the Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Administration is providing services under Title IV-D of the Social Security Act.
B. The Administration may adjust an eligible obligor's payment account after an obligor is sentenced to at least 18 consecutive months, without filing a motion with the court.
C. The Administration shall send written notice of the proposed action to the obligee, prior to adjusting the obligor's payment account, that indicates that the obligee may object to the proposed action.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.24 - Incarcerated Obligor › Section 07.07.24.04 - Request for Investigation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 20 days of the date of the notice, an obligee may object to the proposed action by requesting that the Administration conduct an investigation.
B. An obligee may request an investigation only on a claim that the obligor:
(1) Was sentenced prior to October 1, 2012;
(2) Was sentenced to less than 18 consecutive months;
(3) Had resources from which to pay support;
(4) Was on work release; or
(5) Committed the crime with the intent of becoming incarcerated or otherwise impoverished.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.24 - Incarcerated Obligor › Section 07.07.24.05 - Administration's Response to Investigation Request

Current through Register Vol. 51, No. 14, July 12, 2024
Upon receipt of a timely request for an investigation, the Administration shall:
A. Conduct an investigation;
B. Review any documents submitted by the obligee;
C. Prepare a written summary of the investigation, including any pending action; and
D. Forward the investigation summary to the obligee.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 07 - CHILD SUPPORT ADMINISTRATION › Chapter 07.07.24 - Incarcerated Obligor › Section 07.07.24.06 - Request for Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
In the event the obligee disagrees with the action of the Administration, the obligee may file their objection with the Office of Administrative Hearings.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 08.01.01 - Advisory Committees › Section 08.01.01.01 - Coastal and Watershed Resources Advisory Committee

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Coastal and Watershed Resources Advisory Committee has the duty of advising the Secretary of Natural Resources on all matters referred to the Committee by the Director of the Coastal Zone Management Program.
B. Members may not receive compensation, but shall be reimbursed for necessary expenses incident to their attendance of the meetings of the Committee according to the provisions of the standard travel regulations of the State and within budgetary limitations.
C. The Coastal and Watershed Resources Advisory Committee shall elect annually, at the first meeting after January 1, a chairman, who shall be eligible for reelection in any subsequent year.
D. Meetings shall be held at the call of the chairman or the Director, Coastal Zone Management Program, or, within budgetary limitations, upon petition of a majority of the members, stating the purpose of the meeting. No less than two meetings shall be held in each fiscal year.