1. General Program-At-A-Glance

1. How many local child support offices are in your state excluding agencies with cooperative agreements?

24

2. What is the name of your IV-D agency?

Maryland Child Support Administration

3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.

Judicial For Additional Information - No Link Provided

4. Does your state use the following applications: EDE, CSENET, QUICK?

Yes

5. Describe special requirements for telephonic or video participation in two-state actions.

All jurisdictions except Prince George’s County allow for remote hearing participation upon a motion filed to request a remote hearing and approval of a judge. More information can be found here: (see URL) It should be noted as UIFSA allows for the tribunals to be considered equally, the Maryland Child Support Administration likely will not require telephonic or video participation for the hearing under most circumstances. For Additional Information - https://www.mdcourts.gov/legalhelp/remotehearing

2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).

Age of majority,18. MD Code Ann, Gen Provision 1-401(a)(1) For Additional Information - No Link Provided

2. 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 19 as long as enrolled in secondary school.(Md.Code Ann, Gen Provision1-401(b) For Additional Information - No Link Provided

3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.

Yes. Age 19 only for orders issued after 10/01/2002. For Additional Information - No Link Provided

4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.

Yes. 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. When an adult child has no means of subsistence and cannot be self-supporting due to mental or physical infirmity, a court may order a parent who has or is able to earn sufficient means to provide that adult child with food, shelter, care, and clothing. Parents can also agree by contract to support their children beyond the age of majority. (Md. Code Ann., Fam. Law §§ 13-101 and 13-102.) For Additional Information - No Link Provided

5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.

Generally, under Maryland law, the age of majority is 18 years of age. Md. Code Ann., Gen. Prov.§ 1-401(a)(1). However, "(a)n individual who has attained the age of 18 years and who is enrolled in secondary school has the right to receive support and maintenance from both of the individual's parents until the first to occur of the following events: (1) the individual dies; (2) the individual marries; (3) the individual is emancipated; (4) the individual graduates from or is no longer enrolled in secondary school; or (5) the individual attains the age of 19 years." Md. Code Ann., Gen. Prov.§1-401(b). See also Md. Code Ann., Fam. Law § 5-1032(b)(2)(a person ordered to pay child support "shall pay the sum to be specified in the (support) order until the first to occur of the following events: (i) the child becomes an adult; (ii) the child dies; (iii) the child marries; or (iv) the child becomes self-supporting.") For Additional Information - No Link Provided

6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?

No

7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.

No

8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.

N/A

3. Statute Of Limitations

1. What is your state's statute of limitations for the collection of past-due support?

Although the underlying duty to pay support is not necessarily barred by the passage of time, an action to collect support cannot be brought more than 12 years after the date an installment of support is due. Miller v. Miller, 70 Md. App. 1, 21, 519 A.2d 1298, 1308 (1995), applying Md. Code Ann., Cts. & Jud. Proc. § 5-102(a); Bradford v. Futrell, 225 Md. 512, 524, 171 A.2d 493, 500 (1961). Maryland law is unclear about what factors would toll (extends) the 12 years period. For Additional Information - No Link Provided

2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.

The child's 18th birthday, unless the child is dependent on a parent because of a mental or physical infirmity, in which case it is the child's 21st birthday. Md. Code Ann., Fam. Law §5-1006. For Additional Information - No Link Provided

3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?

Yes. The filing of a notice of renewal with the clerk's office, before the expiration of the 12-year period, renews a money judgment for child support for another 12 years. This process can be repeated indefinitely by filing a renewal during each 12-year period. (Md. Rule 2-625.) For Additional Information - No Link Provided

4. Can the statute of limitation for enforcement be extended or waived? If yes, under what circumstances and for how long?

No, however, administrative remedies can be used past the statute of limitation.

4. Support Order Details

1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?

Income Shares Model For Additional Information - No Link Provided

2. What is the minimum number of days with each parent that can be considered in your guideline’s formula, and what evidence is required (for example, court-order custody schedule, parenting plan, or verbal testimony)?

92 overnights or more will allow for the use of shared custody guidelines to be used when there is agreement to the number of overnights or corroborating evidence which can include verbal testimony. For Additional Information - No Link Provided

3. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.

For Additional Information - No Link Provided

4. Does your state’s IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.

5. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.

6. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?

7. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state’s order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?

7.1 Does it matter if the child receives TANF or Medicaid-only? If yes, explain.

8. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?

9. Does your state IV-D agency grant the noncustodial parent credit toward child support for Social Security Administration (SSA) auxiliary benefits paid to the custodial parent on behalf of a child when those benefits are based on the noncustodial parent’s SSA benefit?

Yes

9.1 If a child’s auxiliary SSA benefit paid to the custodial parent is greater than the current child support obligation, do you credit the excess amount against arrearages, and if so, how?

If during the course of a review, the NCP provides documentation indicating that a dependency benefit is being paid to or for the child as a result of the non-custodial parent’s disability, retirement or any other compensable claim, and the amount of the benefit exceeds the previous support obligation amount, the CS agency 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. -Incorporate the adjustment of arrears into the new order for approval by the court. Note: The amount of the excess payment may not be credited to arrears that accrued prior to the effective date of the benefit nor to arrears that accrue after the new support obligation is in effect.

10. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.

For Additional Information - No Link Provided

11. If a child’s family benefit paid directly to the custodial parent is greater than the child support order, how do you credit the excess amount of current support? (That is, is it treated as a gift, paid to arrears accrued at any time, or treated as payment for a future period?)

The court would make that determination and outcome may vary based on each individual case circumstance.

12. If the case is an intergovernmental case, what is your process for notification and reconciliation of the SSA payments with the other state?

The process would be the same for all other interstate payment reconciliation.

13. Does your state close cases when the noncustodial parent receives SSI only or when the noncustodial parent receives SSI and Title II benefits?

Yes. If the noncustodial parent received SSI, whether other benefits are received or not, the child support case can close.

14. Does your state child support agency have a debt compromise program?

Yes. The Payment Incentive Program encourages the noncustodial parent to make consistent child support payments by reducing Maryland state-owed TANF arrears by half if the noncustodial parent makes full child support payments for a year and eliminating the balance owed if the noncustodial parent makes full child support payments for two years. The noncustodial parent will receive credit for uninterrupted court-ordered payments made immediately prior to participation in the program. Consideration will be given for periods of unemployment due to seasonal work and no-fault termination. For more information, visit the Maryland Payment Incentive Program.https://dhs.maryland.gov/child-support-services/noncustodial-parents/payment-incentive-program/

15. When a child reaches the age of majority or otherwise emancipates and arrears are owed on the order, how does your state determine the payment rate on arrears? (For example, is collection enforced at the support amount plus arrears amount?)

The original earnings withholding order stays in effect until either 1) a new amount is negotiated or 2) the order directs collection to occur at a different rate.

16. When there is an existing support order between the parents of a child and the child’s residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.

A custody order that addresses child support is preferred as after custody is verified, a court order addressing child support will still need to be obtained. However, beginning on the first verifiable date that the former NCP/new CP obtains actual physical custody of the child and there is no new custody order the former NCP/new CP shall provide the following verification/documentation: Notarized, written confirmation from the former CP/new NCP; or Any evidence of the living arrangements including two or more of the following: Ø School, medical and/or dental records for the child showing the former NCP/new CP’s address or listing them as primary custodian/contact for the child; Ø Copies of prescriptions for the child or a print out of the child’s prescriptions from a drug store showing the former NCP/new CP’s address; Ø Copies of legal pleadings in a welfare fraud case against the former CP which states that the child lives with the former NCP/new CP; Ø Written findings by the DSS, court, or other governmental organization identifying the former NCP/new CP as the child’s custodian; Ø Copies of registration forms or materials from the child’s extracurricular activities showing the former NCP/new CP’s address; Ø Correspondence from the former CP or other relatives to the child; Ø Affidavits from relatives; and/or Ø Any other documents that show the former NCP as the now party responsible for the child or show the former NCP/new CP’s address as the home of the child

5. Paternity/Parentage

1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.

No For Additional Information - No Link Provided

2. How is genetic testing coordinated within your state when the other party is in another state?

Following our court docket and genetic testing completion, we request scheduling through Identi-Link for the other party. The testing information is sent to the other state for them to facilitate the collection and attendance for testing with utilization of our LabCorp Identi-Link request. For Additional Information - No Link Provided

3. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?

Md. Code Ann., Fam. Law § 5-1029(f)(4). For Additional Information - No Link Provided

4. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).

Yes. A court must first determine that it is in the child's best interest to rebut the presumption of paternity if the child was conceived or born during the marriage. (Md. Code Ann., Estates & Trusts § 1-208.1(b).) If it is in the child's best interest, the presumption may be rebutted by (1) blood or genetic testing; (2) testimony of the mother, presumed parent, or another individual that the presumed parent did not have access to the mother at the time of conception; or (3) any other competent evidence that the presumed parent is not the father. Md. Code Ann., Estates & Trusts § 1-208.1(d). For Additional Information - No Link Provided

5. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.

No. 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 the father if the paternity is overturned, unless by court order. For Additional Information - No Link Provided

6. Does the father’s name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.

Yes. There is a rebuttable presumption that a child born to unmarried parents is the child of the party that did not give birth to the child if that individual: (1) has acknowledged him or herself in writing to be the parent of the child; (2) has openly and notoriously recognized the child as his or her child; or (3) has subsequently married the mother of the child and has acknowledged him or herself, either orally or in writing, as the parent of the child. Md. Code Ann. Estates & Trusts §1-208(c). For Additional Information - No Link Provided

7.Does your state have any other paternity/parentage-related presumptions? If yes, please describe.

None, N/A

8. What, if any, is the agency name and link for your state’s putative fathers’ registry?

For Additional Information - No Link Provided

9.What documents regarding paternity can your state’s IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?

No

10. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?

No For Additional Information - No Link Provided

10.1 Describe any circumstances under which these fees may be waived?

11. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.

12. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.

13. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?

6. Support Order Establishment

1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?

Judicial process

1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.

None For Additional Information - No Link Provided

1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.

All circumstances For Additional Information - No Link Provided

2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?

Only parent's income For Additional Information - No Link Provided

2.1. What documentation is required as proof/evidence of this information?

N/A

3. 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. (Md. Code Ann., Fam. Law §12-202(a)(2)(ii).) For Additional Information - No Link Provided

4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).

No For Additional Information - No Link Provided

4.1. What information or documentation does your state require to proceed with establishing support for prior periods?

N/A For Additional Information - No Link Provided

4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?

No

4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.

Limited to support back to date of filing complaint. (Md. Code Ann., Fam. Law §12-101(a).) For Additional Information - No Link Provided

5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?

No For Additional Information - No Link Provided

5.1. What about when public assistance is not being expended?

No

6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?

Modification For Additional Information - No Link Provided

7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.

No For Additional Information - No Link Provided

7. Income Withholding

1. What are specific sources of income 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 - No Link Provided

2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.

Yes. Md.Code Ann., Fam.Law §10-122; COMAR 07.07.19.04 For Additional Information - No Link Provided

2.1 Does your state have policy or procedures allowing the agency to use lower limits than the CCPA?

3. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.

4. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?

5. What are your state’s sanctions for employers for not implementing income withholding?

6. What are the penalties to an employer for failure to remit payments withheld?

7. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state’s UI agency? If yes, please explain your process and include any additional required documents.

7.1 If no, what is your state’s process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.

Documents should be sent to the Central Registry at 25 S. Charles Street, 12th floor Baltimore, MD 21201. The unit at this location will then process requests for UI, if available. Please ensure the following documents are included: Transmittal #3, Confidential Information Form, and Income Withholding Notice.

8. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent’s financial institution in your state? If yes, please explain your process and include any additional required documents.

8.1 If no, what is your state’s process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.

9. How does a noncustodial parent contest an income withholding in your state?

10. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.

For Additional Information - No Link Provided

11. Do you send IWOs to employers for independent contractors? If yes, do you have a special process for determining the amount to withhold?

The Child Support Administration does not send an IWO for independent contractors as they are considered 1099 Employees

8. Distribution

1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.

Yes. Families receiving assistance will receive the first $100 paid per month toward child support for one child, or the first $200 paid per month toward child support for two or more children. (Md. Code Ann., Human Services § 5-310(a).)

2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.

No.

3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?

In our new Child Support Management System, which will be fully implemented in 2023 federal income tax refund offset payments will be applied to families first, DRA distribution.

4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?

Arrears payments are distributed proportionately based on the amount owed to each state.

4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?

Current support is satisfied first, Arrears payments are distributed proportionately based on the amount owed to each state. For Additional Information - No Link Provided

9. Enforcement

1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)

MSFIDM and FIDM.

2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?

There are no limiting criteria for an obligor to be eligible for AEI. Transmittal #3 and a Confidential Information Form.

3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?

60 day delinquency. (Md. Code Ann., Fam. Law §10-108.1; COMAR 07.07.12.) For Additional Information - No Link Provided

4. To which credit bureaus does your state report a noncustodial parent's child support information?

Trans Union, Equifax, Experian and Innovis.

5. Is the method for credit bureau reporting judicial, administrative, or both?

Administrative

6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"

Yes, the NCP may initiate a dispute directly with the Credit Reporting Agency which will then initiate an Automated Consumer Dispute Verification and send to the Data Furnisher (Child Support Administration) to investigate.

7. When your state is the responding state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount?

Yes $150 TCA; $500 Non-TCA .

8. When your state is the initiating state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount?

Yes, $150.

9. When your state is the responding state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount?

No

10. When your state is the initiating state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount?

No

11. When your state is the responding state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum required past-due amount?

Yes, $500

12. When your state is the initiating state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum past-due amount?

No

13. When your state is the responding state, does it submit past-due cases to OCSS for passport denial?

Yes

14. Are the financial institution attachment procedures in your state judicial, administrative, or both?

Both. See Md. Code Ann., Fam. Law §10-108.3; COMAR 07.07.21.)

15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?

Trust or escrow accounts, joint accounts, and accounts for which the obligor is solely acting as a representative for another person are exempted. (Md. Code Ann., Cts. & Jud. Proc. §11-603.) An account will not be seized if the seizure would cause an undue hardship on an intact second family. For Additional Information - No Link Provided

16. Is the financial institution attachment process in your state centralized and/or automated?

Yes, as to both

17. What are the criteria to attach an account in a financial institution in your state?

$500 minimum delinquency and no payment for more than 60 days for sole ownership accounts. (Md. Code Ann., Fam. Law § 10-108.3(b)(1).)

18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.

No For Additional Information - No Link Provided

19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.

N/A

20. Does your state's income withholding definition include amounts in financial institutions?

No For Additional Information - No Link Provided

21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?

Yes, The Child Support Administration For Additional Information - No Link Provided

22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?

A timeframe is not specified For Additional Information - No Link Provided

23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.

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. A timeframe is not specified. Md. Code Ann., Fam. Law §10-108.3. For Additional Information - No Link Provided

24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.

Entire amount is eligible for attachment. For Additional Information - No Link Provided

25. What are the criteria for an obligor or joint account holder to contest a financial institution attachment?

An obligor or account holder of interest may challenge the action of CSA’s intercept by contacting CSA and requesting an investigation or filing a motion with the circuit court.

26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.

For Additional Information - No Link Provided

27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?

28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?

29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?

30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.

31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?

32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?

33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.

34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?

35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?

36. What are the criteria for initiating/filing a lien in your state?

37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.

38. Does your state enforce property seizure and sale? If yes, is this process primarily judicial, administrative, or both? Please describe.

39. Does your state have state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.

40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?

40.1 If yes, is this enforcement judicial, administrative, or both?

41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?

42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?

10. Modification And Review/Adjustment

1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.)

Review may be requested every 3 years or upon evidence of a material change in circumstances (see COMAR 07.07.05.03.B(1); Md. Code Ann., Fam. Law §12-104(a)). For Additional Information - No Link Provided

2. What is your state's modification procedure? Briefly describe.

CSA reviews the information necessary to determine child support using the guidelines. CSA will file a petition to modify if a material change in circumstances has occurred or if modification is needed to either provide health insurance/cash medical support, or to extend the duration of the order to provide support until the first to occur of the child completing secondary school or reaching age 19. (COMAR 07.07.05.03(C).) For Additional Information - No Link Provided

3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)?

A material change in circumstances has occurred or if modification is needed to either provide health insurance/cash medical support, or to extend the duration of the order to provide support until the first to occur of the child completing secondary school or reaching age 19. (COMAR 07.07.05.03(C).) For Additional Information - No Link Provided

4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?

Yes For Additional Information - No Link Provided

4.1. The earnings of the noncustodial parent have substantially increased or decreased.

Yes

4.2. The earnings of the custodial parent have substantially increased or decreased.

Yes

4.3. The needs of a party or the child(ren) have substantially increased or decreased.

Yes For Additional Information - No Link Provided

4.4. The cost of living has changed.

Yes

4.5. The child(ren) has extraordinary medical expenses not covered by insurance.

Yes

4.6. There has been a substantial change in childcare expenses.

Yes

4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?

None For Additional Information - No Link Provided

5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).)

No

6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).)

No, however there is a suspension of accrual of arrearages pursuant to Maryland Family Law Article, §12-104.1, that CSA intends to adjust the payment record, and that the custodian can object to the proposed adjustment. For Additional Information - No Link Provided

7. If a child’s family SSD benefit paid directly to the CP is less than the child support, does the above situation qualify as a change of circumstance for a review and adjustment?

If the change in benefit, like a change in income, is substantial then a case can be reviewed for modification.

8. Does your procedure require a request from a party to review an order in an IV-D Non-Public Assistance case? If yes, must the party sign the request?

Yes, even when a right to review notice is automatically sent, the parties must sign and return a request for review.

9. Can the IV-D agency initiate a review in an IV-D Non-Public Assistance case without a request from the party (for example, based on data from automated sources that the parent is receiving unemployment or SSI)?

Yes. Some situations allow for a review without request.

11. Lump Sum Payments

3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?

N/A

12. Cost Recovery And Fees

1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.

Yes, $15 application fee. Maryland pays the additional $20; $15 annual collection fee (COMAR 07.07.02).

1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)

Noncustodial parent

2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.

Yes, 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

3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.

Maryland pays the entire $35 annual fee until the oblige receives 3,500 or more in child support payments during the federal fiscal year. Once the oblige receives $3,500 or more in child support payments Maryland automatically deducts $15 from the next payment. Maryland does not deduct the remaining $20 but pays this out of state funds. See Md. Code Ann., Fam. Law §10-110(a)(4); 42 U.S.C. 654(6)(b)(ii).

3.1. Is it retained by the state from support collected?

Yes, see response above in Question No. 3.

3.2. Is it paid by the individual applying for child support services?

No

3.3. Is it recovered from the noncustodial parent?

See response above in Question No. 3.

3.4. Is it paid by the state out of its state funds?

See response above in Question No. 3

13. Insurance Match

1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)

Yes, but its only to the extent that the insurance company acts as a financial institution and holds property or maintains accounts reflecting property belonging to others. Otherwise, there is no insurance match. (Md. Code Ann., Fam. Law § 10-108.2(e)(2).) For Additional Information - No Link Provided

2. What criteria must a noncustodial parent meet to be eligible for your state’s participation in the federal insurance match program?

N/A

3. What process does your state use to intercept insurance payments?

There is no insurance match unless the insurance company acts as a financial institution and holds property or maintains accounts reflecting property belonging to others. (Md. Code Ann., Fam. Law § 10-108.2(e)(2).) If that is the case, the process is as described in the "Financial Institution Attachment" section of this document. For Additional Information - No Link Provided

4. How does another state initiate and intercept collections from your state’s workers’ compensation agency?

When the other state becomes aware of the workers compensation award, that state then serves the income withholding notice on the insurance carrier that is paying the award. For Additional Information - No Link Provided

5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?

No

14. Family Violence

15. CSENet

1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)

Yes

2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)

Yes. 1.Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) 2.The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)

3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).)

Yes

4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).)

Yes

5. Does your state send CSENet transactions to request interest information? (MSC R GRINT)

Yes

6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

Yes

16. Copies Of Orders And Payment Records

1. What are the procedures and associated costs for obtaining a certified copy of a court order?

Provide Transmittal No. 3 requesting documents needed. For Additional Information - No Link Provided

2. What are the procedures and associated costs for obtaining a certified payment record?

Provide Transmittal No. 3 requesting documents needed. For Additional Information - No Link Provided

17. Uniform Interstate Family Support Act (UIFSA)

1. What is the statutory citation for your state's enactment of UIFSA?

Md. Code Ann., Fam. Law §10-301 thru §10-371 For Additional Information - No Link Provided

2. How does your state define the tribunal (See UIFSA 103)?

The circuit courts, and the Child Support Administration, in the context of an affidavit of support, are the tribunals For Additional Information - No Link Provided

3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?

One original is accepted.

4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?

yes

18. International - Reciprocity

1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)

None

2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)

No

3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?

Yes, -Alternative A.

19. International Information For Hague Convention Countries

1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).)

Maryland will accept the Hague Abstract of a decision. For Additional Information - No Link Provided

2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.

Yes, Uniform Support Petition, Affidavit In Support of Establishing Paternity; and General Testimony.

3. What methods of personal service does your state use?

Forward documents needing to be served to the sheriff or other public official.

4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)

Child care expenses, Extra-curricular activities, Attorney's fees, cash medical support, Extraordinary expenses (explain) While some of these items are technically add-ons to the child support guideline amount, the following can be added to the basic child support obligation; the total is then divided in proportion to the parents respective incomes: Work-related child care expenses (actual child care expenses incurred on behalf of the child due support to either parent's employment or job search.) Actual cost of providing health insurance coverage for the child. Extraordinary medical expenses incurred on behalf of the child. Expenses for attending a special or private elementary or secondary school to meet the particular educational needs of the child. Expenses for transportation of the child between homes of the parents.) Md. Code Ann., Fam. Law §12-201 and §12-204. For Additional Information - No Link Provided

5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.

Yes. The use of mediation, reconciliation, or similar processes is encouraged in every child support case.

6. What circumstances will cause your state to end child support before the normal duration?

The child emancipates before the normal duration. The child is no longer under the care of the custodial parent and there is no decision re-directing payments to someone else. The child marries. The child is adopted by someone other than the non-custodial parent. The child has been removed from the family and is a civil ward of the state. The child support order states that child support ceases prior to the normal duration. The child dies. The child becomes self-supporting For Additional Information - No Link Provided

20. International Payments

1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?

Payments may be by check

2. What actions does your state take to reduce the costs and fees associated with international payment processing?

All payments are processed upon receipt

3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.

No

4. Does your state send international payments to participating foreign authorities via OCSS’ Central Authority Payment Service? If yes, please list which foreign authorities.

21. Tribal Non IV-D

1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?

No

1.1. If yes, list the tribes and identify services provided, if less than full services.

N/A For Additional Information - No Link Provided

2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?

No.

22. Employer Services

1. Does your state require electronic payments? If yes, provide your state statutory citation.

No

2. What is your state's SDU bank name?

Bank of America. Maryland will transition to the Wells Fargo banking platform in June 2025.

3. What is your state's SDU vendor name?

Systems & Methods, Inc.

4. What is your state's web-based payment service for employers?

Web-based payments: https://md.smartchildsupport.com/

5. What is your state's web-based payment service for noncustodial parents?

Web-based payments: https://md.smartchildsupport.com/

6. Does your state accept credit card payments? If yes, who does your state accept credit card payments from?

Yes, Maryland accepts credit card payments. We accept VISA, JCB, Maestro, MasterCard, American Express and Discover Card.

7. How does your state accept card payments?

Online: https://md.smartchildsupport.com/ and via IVR at 844.324.3855

8. Are there fees associated with the credit card payments?

Yes, 2.5%

9. Does your state have other payment options?

ACHD and ACHD accepted at the same website

10. How many days following the first pay period after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?

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 and deduct the amount of the withholding from the obligor’s earnings on a regular basis.

11. When must an employer remit amounts withheld from an employee's pay?

An employer must send the deducted net amount directly to the State disbursement unit within 7 days not including Saturday, Sunday, or a legal holiday after the day on which the earnings are paid to the obligor.

12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?

“Actual income” means gross receipts minus ordinary and necessary expenses required to produce income. Maryland Family Law §12–201 Federal, state, city taxes, FICA

13. What is your state's priority for withholdings?

Subject to federal law, this type of earnings withholding order or earnings withholding notice has priority over any other lien or legal process. The employer shall deduct the parent’s child support obligations in the following order: 1. Current support; 2. Arrears; 3. The child’s portion of the health insurance premium; or 4. Cash medical support.

14. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Provide the statutory citation.

Yes. Maryland Family Law §10–122(c) Amounts allowed by the Federal Consumer Credit Protection Act (15 USC Section 1673(b))

15. What are the withholding limits for non-employees?

Follow instructions in the Supplemental Information Section of the IWO.

16. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally, or prorated among the cases? (See 45 CFR 303.100(a)(5).)

If there is more than one earnings withholding order or earnings withholding notice against a single obligor, the Administration shall allocate amounts available for withholding, giving priority to current support, up to the limits imposed by the federal Consumer Credit Protection Act.

17. When does your state require employers to send notice of an employee's termination?

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 notify the court and the support enforcement agency and forward to the court any available information as to the obligor’s Social Security number, home address, and new place of employment (if known).

18. How long should an employer retain the order after the employee's termination?

Not required

19. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii))

The employer may deduct and retain from the employee’s earnings an additional $2 for each deduction made under the earnings withholding order or earnings withholding notice.

20. Provide your state's statutory citation.

Maryland Family Law §10–128 (a)(2)(iii) and Maryland Family Law §10–129(b)

21. Does your state have a definition of a lump sum or bonus? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer-related lump sums.)

No, as bonuses or commissions are considered income. Maryland Family Law §12–201(b)(3)

22. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.

No, employers are not required to report lump sum payments. While lump sums are considered income and can be subject to garnishment for child support, reporting is voluntary.

23. Does your state have a threshold amount for a lump sum to be reported?

No

24. Does your state citation or rule provide how long the employer must hold the lump sum?

N/A

25. Is the Income Withholding Order (IWO) used for lump sums?

Yes

26. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved IWO for employer- issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?

The OMB-approved IWO is used for most lump sum payments including workers’ compensation. Some lump sum payments (such a lottery or casino winnings) are subject to other withholding laws. Even still, other lump sum payments (such as monetary awards) are subject to different laws requiring a lien being filed with the courts.

27. If the lump sum is earnings as defined by the CCPA, does your state limit the withholding to a greater degree than the CCPA limitation?

No

28. If the lump sum is not earnings as defined by the CCPA, does your state limit the withholding/attachment?

No

29. What is your state's Medical Support Statute?

Maryland Family Law §12–102 and §12–102.1

30. What is your state's Reasonable Cost Definition?

The cost of cash medical support shall be determined "reasonable" if the cost does not exceed 5 percent of the gross (actual) income of the parent ordered to pay.

31. What is the Health Coverage Expense?

Health insurance coverage includes fee for service, health maintenance organization, preferred provider organization, and other types of coverage under which medical services can be provided to the dependent children. The court may not order the obligee to pay cash medical support toward the cost of health insurance provided by a public entity for which the obligee does not pay a premium, including the Maryland Children’s Health Program under Title 15, Subtitle 3 of the Health – General Article.

32. What is the Income Withholding Limits for Support?

To the extent consistent with the federal Consumer Credit Protection Act (CCPA), the employer shall deduct the support and the premiums for health insurance coverage from the earnings of the employee on a regular and continuing basis and pay the premiums to the insurer.

33. What is the Priority of Withholding?

The employer shall deduct the parent’s child support obligations in the following order: 1. Current support; 2. Arrears; 3. The child’s portion of the health insurance premium; or 4. Cash medical support

34. What is the priority of health coverage if the income withholding limit is less than the total costs of ordered coverage?

If federal or State withholding limitations or prioritization prevent withholding from the employee’s wages the amount required for enrollment, the employer shall complete and send, to the issuing child support agency, the appropriate part of the medical support notice indicating the employee’s income is insufficient for enrollment.

35. According to 45 CFR §303.32(a), what are your state options?

Maryland enforces the provision of health care coverage for children of noncustodial parents and/or custodial parents who are required to provide health care coverage.

36. What does your state do if an employee contests 45 CFR §303.32(c)(5)?

The only issues that may be contested are: The individual is not the obligated parent in this case; There is no court order requiring that the parent provide health insurance coverage for the children; The children for whom health insurance coverage is sought is emancipated; The amount of the withholding exceeds the limits of the Federal Consumer Credit Protection Act; Health insurance is not accessible; or Health insurance is not reasonable in cost. After receipt of the request for investigation, the child support specialist will conduct the investigation and mail Results of Investigation for Medical Support Notice to the obligated parent and include an Office of Administrative Hearings (OAH), Health Insurance Withholding Hearing Request form should the obligated parent wish to appeal the agency’s findings.

37. What is the reporting timeframe (non-magnetic media only)?

This is not received by Maryland New Hires any longer. It is not accepted either.

38. What are the required data elements?

Employee's full name Employee's address Employee's Social Security Number Employee's first day of work Employee's availability of medical benefits Employee's salary and pay frequency Employer's name Employer's Federal Employer Identification Number (FEIN) Employer's State of Maryland Unemployment Insurance Number (SUI) Employer's address

39. What are the methods of transmission?

-Report online! Enter or upload your reports through our Portal. -Contact us to set up automatic File Transfer Protocol (FTP) using FTP client software. -Non-Electronic Reporting - Paper new hire reports may be faxed or mailed, using our new hire reporting form, a W4, or another list providing all the required information listed above.

40. Does your state require independent contractor reporting?

No my state does not require independent contract reporting as legislation has not been passed for this to be a mandate.