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Maryland State Profile |
Updated on 15 Aug 2006
Certified on 12 Sep 2007
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A. General/State-At-A-Glance |
 |
| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
State Administered/County Operated. |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
24 |
| A3. With what types of agencies do you have cooperative agreements? |
Prosecutors, Sheriffs and Clerks of Court. |
| A4. Does your state have statutes setting forth the attorney-client relationship between the state's attorney and the agency only? |
Yes |
| A4.1. If so, what is the statutory citation? |
Family Law Article §10-115 |
| A4.2. Did your state have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
No |
| A4.3. If so, please explain. |
|
B. UIFSA |
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| B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
1996 |
| B2. What is the effective date of your State's Act? |
01/01/1997 |
| B3. What is the statutory citation for your State's Act? |
Family Law Article §10-301 - 10-359, Annotated Code of Maryland.
For Additional Information - Click Here |
| B4. What version of UIFSA has your state implemented (i.e the 1996 or 2001 version)? |
|
| B4.1. If your state has implemented the 2001 version, when was it implemented? |
1996 |
| B5. Optional comments regarding your State's UIFSA Act. |
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C. Reciprocity |
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| C1. With what foreign countries does your State reciprocate? |
Australia, Canada - Edmonton Alberta, Winnepeg Manitoba, Frederickton New Brunswick, St. John's Newfoundland , Halifax Nova Scotia , Toronto Ontario, Charlottetown Prince Edward Island, Saskatchewan, Yukon Territory, England & Wales, France, Ireland, Heidelberg Germany, Berlin Germany, Hungary, Dublin Ireland, Jamaica, Poland, Scotland and Sweden |
| C1.1. Does your state exercise its option to receive FFP for enforcement of spousal-only orders for foreign reciprocating countries? |
No |
| C1.2. If yes, please explain. |
|
| C2. Has your State established reciprocity with any tribal courts? |
No |
| C2.1. If yes, list the tribes and identify services provided, if less than full services. |
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D. Age of Majority |
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| D1. What is the age of majority in your State? |
Age 18, or up to 19 as long as child enrolled in secondary school. |
| D2. What is the statutory cite for the age of majority? |
Article I,§24, Annotated Code of Maryland
For Additional Information - Click Here |
| D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. |
18 years of age, or up to age 19 as long as enrolled in secondary school. |
| D4. Does the date of the order impact what law is applied? |
Yes |
| D4.1. If so, please explain. |
Age 19 only for orders issued after 10/01/02 |
| D5. Does child support end if the child leaves the household but does not emancipate? |
No |
| D5.1. Optional comments regarding emancipation. |
|
| D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? |
Yes |
| D6.1. If so, please explain. |
A person who had reached the age of eighteen and is enrolled in secondary school has the right to support from both parents until the age of nineteen or is no longer enrolled, whichever is the first to occur. For court orders established before October 1, 2002, the order must be modified to provide for the continued support. The court may order support or a disabled adult child, or if the parties involved agree to support the child through 4 years of college or higher education. |
| D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? |
|
| D7.1. If yes, please describe the procedure. |
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E. Statute of Limitations |
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| E1. What is your State's statute of limitations for collection of past due support? |
Child support arrears are owed until paid. |
| E2. What is your State's statute of limitations for paternity establishment? |
18 years of age. |
| E3. Is dormancy revival/renewal possible? |
No |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
|
F. Support Details |
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| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? |
Income shares. |
| F2. Does your State charge interest on missed arrears? |
No |
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
|
| F3. Does your State charge interest on retroactive support? |
No |
| F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
|
| F4. Does your State charge interest on adjudicated arrears? |
Yes |
| F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
Law allows for 10% simple interest on money judgments. Only applied in limited number of cases by direction of the court. |
| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
No |
| F5.1. If so, under what circumstances? |
Will only enforce a specific dollar amount to be paid at specific intervals as ordered by the court. |
| F6. Have you elected to recover costs or charge fees in your State Plan? |
Yes |
| F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
$25 fee for offset of federal payments $10 fee for offset of state tax refund $25 application fee |
| F6.2. What costs are recovered from/fees charged to the obligor? |
In interstate cases if an obligee prevails a responding tribunal may assess against an obligor filing fees, reasonable attorney fees, other costs and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses.The tribunal may also order payment of costs and attorney's fees if it determines that a hearing was requested primarily for delay. |
| F7. Does your State recover costs on behalf of the initiating State? |
Yes |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
Cost of blood testing for adjudicated paternity. |
| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
Courts and Judicial Proceeding Article §6-103.1 and §6-103.2; Family Law Article §10-304 and ??10-305, Annotated Code of Maryland.
For Additional Information - Click Here |
| F9. Does your State establish, enforce, or modify spousal maintenance orders? |
No |
| F9.1. If yes, under what circumstances? |
|
| F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
No |
| F10.1. Optional comments regarding required information on spouse or partner. |
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G. Income Withholding |
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| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
Wage Withholding or Earnings Withholding. |
| G2. What specific source of income is not subject to withholding? |
Benefits from means-tested public assistance programs, including Temporary Cash Assistance (TCA), Supplementary Security Income (SSI), food stamps, and transitional emergency, medical and housing assistance.
For Additional Information - Click Here |
| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
No |
| G3.1. If yes, what are those limits? |
|
| G4. What is the allowable fee per pay period for processing income withholding payments? |
$2 per withholding (voluntary) |
| G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
Employer shall implement wage withholding with the next pay period after receipt of the order. |
| G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
Within 7 days, not including Sat., Sun., or a legal holiday, after the day on which the earnings are paid to the obligor. |
| G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
Recipient or support enforcement agency may bring civil action against employer. |
| G8. What is the penalty to an employer for failure to remit payments withheld? |
An employer is liable for damages equal to the amount of withholding. Employer's liability shall be in addition to any amounts paid directly or indirectly by the obligor. |
| G9. Does your State allow direct income withholding of unemployment insurance benefits across State lines? |
No |
| G9.1. Optional comments regarding direct withholding of UI benefits across State lines. |
|
| G10. Does your State allow direct income withholding of workers' compensation benefits across State lines? |
No |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
|
| G11. How does an obligor contest income withholding in your State? |
The obligor may contest service of an earnings withholding order by moving for a stay of the order no later than 15 days after a copy of the withholding order is mailed to the obligor. |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
All child support orders are given equal weight under the Federal Full Faith and Credit for Child Support Orders Act. Current support takes priority over payments on arrears. Employers must deduct the full amount of all orders up to the limits of the Federal Consumer Credit Protection Act. The State Disbursement Unit distributes receipts to cases per 45 CFR §302.51 |
| G12.1. If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance? |
Yes |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
Family Law Article §10-120 thru 139
For Additional Information - Click Here |
| G13. Does your state require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
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| G14. When does your state require the employer to send notice of an employee's termination? |
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| G15. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
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| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
|
| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
|
| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
Employer |
| G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
Current Support, Arrears, and Medical Support |
H. Paternity |
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| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
Yes |
| H1.1. If yes, please explain. |
However, only the issue of custody is addressed. |
| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
99.9% |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
|
| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
07/01/1997 |
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
Yes |
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
Created a rebuttable presumption of paternity in a court proceeding. |
| H5. Does marriage constitute a rebuttable presumption of paternity? |
Yes |
| H5.1. How is the presumption rebutted? |
Presumption may be rebutted by the testimony of a person other than the mother or her husband. |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
No |
| H6.1. If not, briefly explain. |
Prior to 10/1/1993, there were no controls on who could be named on a birth certificate as father of a child. After 10/01/1993, a signed Affidavit of Parentage was required to enter a father's name on a birth certificate. Paternity can still be challenged at a later date and no action is taken to subsequently remove the named father if the paternity is overturned,unless by court order. |
| H7. Does your State have any other paternity-related presumptions? |
No |
| H7.1. If yes, briefly explain. |
This issue is addressed in H5 & H5.1 |
| H8. Does your State have a putative fathers' registry? |
No |
| H8.1. If so, what is the name of that entity? |
|
| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
No |
| H9.1. Please describe any circumstances under which these fees may be waived. |
|
| H10. Is common law marriage recognized in your State? |
Yes |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
Parties must be free to marry, must show intent to be married by presenting themselves to the public as husband and wife, MD will recognize the validity of a common-law marriage enterered into a jurisdiction that recognizes such a marriage. |
| H10.2. When did your current common law standard go into effect? |
03/07/1952 |
| H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
|
| H11. When the custodial parent and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
Affidavit. Teleconferencing available in some jurisdictions. |
| H12. Please give the cite for your State's long arm statute and list any special provisions. |
Courts and Judidcial Proceedings Article 6-103.1 and 6-103.2; Family Law Article 10-304 and 10-305, Annotated Code of Maryland
For Additional Information - Click Here |
| H13. Does your State recover genetic testing costs for other States? |
Yes |
| H13.1. If so, please explain. |
If genetic testing is required and the initiating state has requested recovery of costs. |
| H14. Are there any other documents that are required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
Court order, Affidavit of Parentage |
| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
|
| H16. If there is more than one child with the same custodial parent, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
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I. Support Order Establishment |
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| I1. Does your State use an administrative or a judicial process to establish a support obligation? |
Judicial process. |
| I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
No administrative process. |
| I1.2. Under what circumstances would the judicial process be used? |
All circumstances |
| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
For Additional Information - Click Here |
| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
Only parent's income. |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
The presumption may be rebutted by evidence that the application of the guidelines would be unjust or inappropriate in a particular case. |
| I4. Will your State establish support orders for prior periods? |
No |
| I4.1. If so, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
N/A |
| I4.2. What information or documentation does your State require to proceed? |
N/A |
| I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
No |
| I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
Limited to support back to date of filing complaint |
| I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
Paternity established administratively and Affidavit of Parentage |
| I6. What is your State's statutory authority for the administrative process? |
Family Law Article § 5-1028 - Paternity only
For Additional Information - No Link Provided |
| I7. Is there a local State law that allows the interstate administrative subpoena? |
No |
| I8. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
No |
| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
No |
| I10. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
No |
| I11. When your state has issued an order that reserves support, and now child support should be ordered, should the other state request an establishment or a modification action? |
Modification |
J. Support Enforcement |
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| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e, judicial, administrative, or both? |
|
| J1.1. Are your State income tax refund procedures judicial, administrative, or both? |
Administrative. |
| J2. Is the lien process in your State judicial, administrative or both? |
Yes. The lien must be filed by the Administration. Liens received from another state must be sent to the Central Registry |
| J2.1. What are the trigger criteria for filing a lien? |
$500 minimum delinquency and no payment for more 60 days for sole ownership accounts; use of the remedy by local agencies is discretionary. |
| J2.2. Where is your State liens filed? |
Circuit Court for the County in which the asset is located. |
| J2.3. Does your State charge a fee for filing a lien? |
Yes |
| J2.4. If so, please indicate the amount. |
Statewide: $15 for recording, $25 Writ of Garnishment. |
| J.3. Does your State enforce property seizure and sale? |
Yes |
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
Judicial Process available with Registration. |
| J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
IV-D agency can use administrative process to create a lien, but must use judicial process to enforce the lien through Writ of Garnishment. |
| J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? |
when case becomes delinquent. |
| J4.2. Does your State's income withholding definition include amounts in financial institutions? |
No |
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
Yes |
| J4.3.1 If so, who notifies the NCP, the State or Financial Institution? |
Both |
| J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
Simultaneously |
| J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
$500 minimum delinquency and no payment for more than 60 days for sole ownership accounts. Trust or escrow accounts, joint accounts, accounts obligor is solely acting as a representative for another person are exempted. An account will not be seized if the seizure would cause an undue hardship on an intact second family. |
| J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
$500 |
| J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
Yes |
| J5.3. 1. If yes, please provide the time frame. |
$500 minimum delinquency and no payments for more than 60 days for sole ownership accounts. |
| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
No |
| J5.4.1. If yes, please provide the percentage. |
N/A |
| J5.4.2 . Is the percentage different for joint accounts? |
No |
| J5.4.3. If yes, please provide the amount. |
State does not seize joint accounts. |
| J5.5. Does your state require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so please provide the amount. |
Accounts must have in excess of $2,500 for a lien to be attached to the assests. |
| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
State |
| J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
Obligor may file a request for an investigation with the Administration or file a motion with the circuit court within 30 days from the date of notice. |
| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your state child support agency or court to challenge the Freeze and Seize action? |
Obligor may file an appeal of the Administration's decision to the Office of Administrative Hearing or to the circuit court within 30 days after the notice is sent to the obligor. |
| J5.9. On what basis can an obligor and/or other account holder challenge/contest a freeze and seize action? |
A mistake in the identity of the obligor; a mistake in ownership of an account; a mistake in the contents of an account; a mistake in the amount of arrearage due; or other good cause. |
| J5.10. Is your State's complaint review process judicial, administrative or both? |
Both |
| J5.11. What are your State's penalties for incorrect seizures? |
Financial institution has no liability. The State's liability is in Family Law Article, §10-108.4, Annotated Code of Maryland. |
| J5.12. Is the second challenge administrative, judicial or both? |
Both |
| J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
Administration releases funds of account holder of interest. |
| J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
Not centralized. not automated. |
| J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
If there is a joint account holder, financial intitution may choose not to garnish the account (varies from institution to institution). If a garnishment is based on a court ordered judgment, the judgment amount cannot be older than 12 years. |
| J5.16. Has your state established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
No |
| J5.16.1. If yes, what is the amount? |
N/A |
| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
No |
| J5.17.1 If yes, please provide the state authority and the procedures Financial Institutions should follow to liquidate non-liquid assets. |
N/A |
| J5.18. Does your state law/policy instruct the Financial Institution or state to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
The financial institution holds the assets until the Administration notifies them to forward the assets to the Administration or release the hold on the assets. |
| J5.19. How long does the Financial Institution have to send the obligor's assets to your state child support enforcement agency? |
A timeframe is not specified. |
| J5.19.1 . If yes, please define. |
N/A |
| J6. Does your state withhold state funds or benefits? |
Yes |
| J6.1. If yes, is the method of withholding state benefits judicial, administrative, or both? |
Withholding of unemployment compensation is an administrative process. |
| J7. Please describe any other administrative enforcement procedures your state may have. |
Administrative processes are Passport Denial, State Lottery Intercept, and Medical Support Withholding. |
| J8. Please describe any other judicial enforcement procedures your state may have. |
Contempt proceeding for failure to make payments under a court order. |
| J9. If your state has established specific procedures for registering administrative liens, what are the procedures that another state must follow? |
No procedures.
For Additional Information - Click Here |
| J10. Which of our state's enforcement remedies are available without registration? |
All enforcement remedies with the exception of contempt proceedings. However, administrative process can be contested in court. Therefore, if contested, the order must be registered to proceed. |
| J11. Describe your state's registration and enforcement procedures. |
The Interstate Central Registry receives UIFSA package, reviews documentation, and forwards package to proper local courts; Petition for registration must indicate any unpaid support and a list of other states in which the support order is registered. |
| J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
Obligor is notified of registration and may contest; if obligor defaults, the court enters the order confirming the registered support order and determines the amount of unpaid support. |
| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
No |
| J13.1. If yes, please provide the statutory citation. |
For Additional Information - Click Here |
| J14. Does your state's law require financial institutions doing business in your state to accept Freeze and Seize actions directly from other states? |
|
| J14.1. If no, describe the process for a Freeze and Seize action from another state's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
|
| J15. Does your state use credit bureau reporting as an enforcement method? |
|
| J16. Provide which credit bureaus your state report an obligor's child support information? |
|
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
|
| J18. In an interstate case, does your state report an obligor's child support information to credit bureaus when it is the initiating state, the responding state, or both? |
|
| J19. What are your state's criteria for reporting an obligor's child support information to credit bureaus? |
|
K. Modification and Review/Adjustment |
|
| K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
Review may be requested every 3 years or upon evidence of a substantial change in circumstances of more than 6 months duration. |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
On the request of either CP, or NCP. |
| K3. Briefly describe your State's modification procedure. |
Review requested- parties must submit income and expense information/verification- guidelines calculation run- petition to modify. |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
25% more/less than existing support obligation. |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
|
| K5.1. The earnings of the obligor have substantially increased or decreased. |
Yes |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
Yes |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes |
| K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. |
No |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
Yes |
| K5.6. There has been a substantial change in child care expenses. |
Yes |
| K5.7. What other criteria does your state use for demonstrating a change in circumstances or comments regarding change of circumstances? |
A prisoner's incarceration may constitute a material change of circumstances if the effect on the prisoner's ability to pay child support is sufficiently reduced due to incarceration. |
| K6. Does your State have cost of living adjustments (COLAs)? |
No |
| K6.1. If so, what index does your State use? |
N/A |
| K7. How does your state credit SSA disability to current and past due support? |
For current support, SSA disability is counted as income to the obligor but subtracted form the obligor's support amount. For adjusting arrears balances, if the amount of the benefit exceeds the previous support obligation amount, the Administration shall: Determine the amount of arrears, if any, that accrued under the previous order after the effective date the benefit was awarded, Determine the difference between the amount paid to the child in the form of benefits and the amount owed by the non-custodial parent under the previous support obligation., Credit the amount of the excess payment to the child support arrears. The amount of the excess payment may not be credited to arrears that accrued prior to the effective date of the benefits nor to arrears that accrue after the new support obligation is in effect. |
| K8. Does your state abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc. |
Yes |
| K8.1. If so, please explain the situation? |
Only when ordered by the court. |
| K8.2. What is the statutory cite for your abatement law? |
N/A
For Additional Information - No Link Provided |
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
N/A |
| K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
Request may be made by either calling the Division of Vital Records at (410)764-3187 or faxing to (410)358-0738. There is no cost for processing the request. |
| K9. What information is required to register an out-of-state order for enforcement/modification? |
UIFSA laws or best practices dictate required documentation which is obtained by Maryland Central Registry for local agencies' cases. |
L. Lump Sum Payments |
|
| L1. Does your state define a lump sum payment? |
No |
| L1.1 If yes, please provide your state's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
N/A |
| L1.2 Provide the statutory citation. |
N/A
For Additional Information - No Link Provided |
| L2. Does your state law require employers to report lump sum payments? |
No |
| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
N/A |
| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
No |
| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
N/A |
| L4. How are employers instructed to report a pending lump sum? |
N/A |
| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
N/A |
| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
N/A |
| L7. Does your state use the income withholding order to attach the lump sum payment? |
Yes |
| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
Income Withholding Orders can apply to lump sum payments but only for the monthly court ordered amount of child support. |
| L8. Does your state use the lien/levy process to attach the lump sum payment? |
Yes |
| L8.1 If yes, what is the name of the document your state uses to attach lump sum payment? |
Liens |
| L9. What other documents does your state use to attach lump sum payments? |
None |
| L10. Does your state require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
No |
| L10.1 If yes, what are those limits? |
N/A
For Additional Information - No Link Provided |
| L10.2 If no, what percentage is the employer required to withhold? |
N/A |
| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
Yes |
| L11.1 If yes, would the employer only withhold for that period's obligation? |
Yes | |
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