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Home » US Law » 2022 Maryland Statutes » Family Law » Title 10 - Support in General » Subtitle 1 - Civil and Criminal Enforcement » Part III - Child and Spousal Support -- Earnings Withholding

Section 10-120 – Definitions

    (a)    In this Part III of this subtitle the following words have the meanings indicated.     (b)    “Earnings withholding notice” means a notice in a format prescribed by federal law issued by the Administration to an employer requiring the employer to deduct support payments from the earnings of an obligor.     (c)    “Earnings withholding order” means an order in a […]

Section 10-121 – Withholding Orders; Required Statement

    (a)    Any order under this Part III of this subtitle that is passed on or after July 1, 1985 shall constitute an immediate and continuing withholding order on all earnings of the obligor that are due on or after the date of the support order.     (b)    (1)    Any order under this Part III of this subtitle that is […]

Section 10-122 – Amount of Earnings Withholding

    (a)    The amount of the earnings withholding shall:         (1)    be enough to pay the support and any arrearage included in the payments required by the support order; and         (2)    include any arrearage accrued since the support order.     (b)    (1)    (i)    When arrearages under subsection (a)(2) of this section are part of an earnings withholding order or earnings withholding notice, the total […]

Section 10-123 – Service of Order

    (a)    Except as otherwise provided for in this section and notwithstanding any other provision of this Part III, a court shall immediately authorize service of an earnings withholding order when:         (1)    (i)    a support order or modification of support order is passed on or after April 9, 1991;             (ii)    a case is being enforced by a support enforcement agency; […]

Section 10-124 – Service of Order on Employer

    (a)    Except as otherwise provided in this Part III, the Administration may serve an earnings withholding notice on an employer of an obligor without the need for any modification of the support order or any further action by a tribunal if:         (1)    (i)    a tribunal has issued a support order; and             (ii)    the Administration is providing child support services […]

Section 10-125 – Request for Service of Order — Required

    Except as provided for in § 10-123 of this subtitle, the court may not cause a copy of the earnings withholding order to be served on any employer of the obligor until the court receives a request for service of the earnings withholding order under § 10-126 of this subtitle and the requirements of §§ […]

Section 10-126 – Request for Service of Order — Filing

    (a)    If an obligor accrues support payment arrears amounting to more than 30 days of support, the recipient or the support enforcement agency may file a request for service of the earnings withholding order.     (b)    (1)    The request shall:             (i)    be under oath;             (ii)    state the last date or dates on which support payments were received, and the amount or […]

Section 10-127 – Service

    (a)    When the court receives a request for service of the earnings withholding order under § 10-126 of this subtitle, the court shall send to the obligor, by certified mail, return receipt requested and first–class mail, at the home address or, if the home address is unknown, the place of employment last reported to the court: […]

Section 10-128 – Contents and Effect of Order

    (a)    An earnings withholding order or an earnings withholding notice sent to the obligor’s employer shall:         (1)    be a separate document, and not include any other orders or pleadings; and         (2)    include only the following information:             (i)    the amount to be withheld from the obligor’s earnings including explanation of the application of the federal Consumer Credit Protection Act limits; […]

Section 10-129 – Deductions From Obligor’s Earnings

    (a)    On receipt of a copy of an earnings withholding order or earnings withholding notice an employer shall, beginning with the next pay period after receipt of the earnings withholding order or earnings withholding notice:         (1)    deduct the amount of the withholding from the obligor’s earnings on a regular basis; and         (2)    send the deducted net amount directly […]

Section 10-130 – Termination of Obligor’s Employment

    Within 10 days after the employer receives notice of an obligor’s decision to terminate employment or within 10 days after the termination, whichever occurs earlier, the employer shall:         (1)    notify the court and the support enforcement agency; and         (2)    forward to the court any available information as to the obligor’s:             (i)    Social Security number;             (ii)    home address; and             (iii)    new […]

Section 10-131 – Change of Address of Recipient

    (a)    If the address of a recipient changes, the recipient, within 10 days after moving to the new address, shall send the change of address to:         (1)    the court:             (i)    by certified mail, return receipt requested; or             (ii)    by filing in person at the court and obtaining proof of filing;         (2)    the obligor, at the obligor’s last known address, by […]

Section 10-132 – Change of Obligor’s Address or Place of Employment

    If the address or place of employment of the obligor changes, the obligor, within 10 days after moving to a new address or receiving the first earnings from a new employer, shall send the change of address or new place of employment to:         (1)    the court:             (i)    by certified mail, return receipt requested; or             (ii)    by filing in […]

Section 10-133 – Stay of Order

    (a)    Except as provided in § 10-123 or § 10-124 of this subtitle, an obligor may contest the issuance 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 under § 10-127 of this subtitle.     (b)    A […]

Section 10-134 – Termination of Withholding

    (a)    On motion of the obligor or the recipient that may be filed on a form which shall be prepared by the court, the court shall terminate the withholding if:         (1)    the support obligation is terminated and the total arrearages are paid;         (2)    all of the parties join in a motion for termination of the withholding; or         (3)    within […]

Section 10-136 – Enforcement of Out-of-State Support Orders

    (a)    Support orders issued out of state shall be enforced in the same manner under this Part III of this subtitle as support orders issued in this State.     (b)    A recipient of an out-of-state support order may file a request for service of an earnings withholding order under § 10-126 of this subtitle by submitting the information […]

Section 10-137 – Withholding in Case of Out-of-State Obligor or Employer

    In the case of an out-of-state obligor or out-of-state employer, the support enforcement agency shall, upon receipt of a request for service of an earnings withholding on the accrual of 30 days’ support arrears, send to the appropriate state agency or court a request for earnings withholding and any information and fees required by that […]

Section 10-138 – Earnings Withholding Order Upon Request of the Obligor or in Contempt or Other Proceedings

    (a)    Upon request of the obligor, the court shall immediately authorize service of an earnings withholding order.     (b)    Notwithstanding any other provision of this Part III, a court may at any time issue an earnings withholding order, in a contempt or other proceeding, if:         (1)    the recipient or the support enforcement agency has filed a petition that includes […]