Administrative Provisions for Establishing and Enforcing Child Support Orders

JurisdictionMaryland

VI. ADMINISTRATIVE PROVISIONS FOR ESTABLISHING AND ENFORCING CHILD SUPPORT ORDERS

A comprehensive statutory scheme for state administration of child support is found in Fam. Law §§ 10-106-10-144. Of particular import to the family law practitioner are the following provisions for enforcement of support orders:

§ 10-108.1-Reports to consumer reporting agencies-if support order is more than 60 days in arrears;

§ 10-108.3-Seizure and attachment of funds for child support arrears from financial institution if support order is 60 days in arrears;

§ 10-113-Income tax refund intercept; interception of State lottery prizes;

§ 10-119-Suspension of driving privileges for arrears-if support order is 60 days in arrears;

§ 10-119.3-Suspension or denial of occupational license for arrearages of 120 days or more;

§§ 10-120-10-138. Earnings Withholding Orders-authority to obtain orders withholding up to 25% of salaries and wages;

§ 10-140-Unpaid child support due under an order requiring payment through support enforcement agency constitutes a lien-enforceable in same manner that any judgment for money is collected under the Md. Rules of Procedure;

§ 10-203-criminalizes the willful failure to pay child support;

Other consequences for arrears:

Denial of issuance of passport-if obligor is $2500 or more in arrears;

Interception and garnishment of unemployment checks;

In Kelly v. Montgomery County Office of Child Support Enforcement295 the Appellate Court of Maryland had the opportunity to consider the construction of § 10-108.3, seizure and attachment of funds for child support arrears...

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