Intergovernmental Reference Guide (IRG)
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Maryland

Intergovernmental Reference Guide (IRG)
    Program Category:  
Updated On: 26 Jul 2018
Certified On: 03 Dec 2019

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
24
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes
A2.1. If yes, what is the statutory citation?
Family Law Article 10-115
For Additional Information - No Link Provided
A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
No
A2.3. If yes, please explain.
N/A

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
Family Law Article 10-301 - 10-371, Annotated Code of Maryland.
For Additional Information - No Link Provided
B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
One Orignal and 2 copies.

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
None
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
N/A
C2. Has your state established reciprocity with any Native American tribal courts?
No
C2.1. If yes, list the tribes and identify services provided, if less than full services.
N/A
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
No
C4. 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).) **

D. Age of Majority

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 citation for the age of majority?
Md. Code Ann., General Provisions 1-401.
For Additional Information - exit disclaimer
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 determine the law that is applied?
Yes
D4.1. If yes, 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.
N/A
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, 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. 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, cae, 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.)
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 otherwise emancipates?
No
D7.1. If yes, please describe the procedure.
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
No.
D8.1 If not, how does this affect interstate referrals?
Referrals are not accepted if all children on the case have emancipated.

E. Statute of Limitations

E1. What is your State's statute of limitations for 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
E2. What is your State's statute of limitations for paternity establishment?
The childs 18th birthday, unless the child is dependent on a parent because of a mental or physical infirmity, in which case it is the childs 21st birthday. Md. Code Ann., Fam. Law Section 5-1006.
For Additional Information - No Link Provided
E3. Is dormancy revival/renewal possible?
Yes
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
The filing of a notice of renewal with the clerks office, before the expiration of the 12-year period, renews a money judgment for child support for another 12 years. Md. Rule 2-625. This process can be repeated indefinitely by filing a renewal during each 12-year period.
For Additional Information - No Link Provided

F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Shared Income Model.
For Additional Information - No Link Provided
F2. Does your state charge interest on arrears?
No
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A
For Additional Information - No Link Provided
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.
N/A
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.
For Additional Information - No Link Provided
F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
No
F5.1. If yes, under what circumstances?
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
Yes
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
$15 application fee $15 annual collection fee (COMAR 07.07.15.05.9(C))
F6.2. If yes, what costs are recovered from or 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 recovery of initiating state's fees.
Cost of genetic testing for adjudicated paternity.
F8. What is the statutory citation for your state's long-arm statute to establish 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 - exit disclaimer
F9. Does your state establish, enforce, or modify spousal maintenance orders?
No
F9.1. If yes, under what circumstances?
N/A
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, AT-11-07)
NO
F10.1. Optional comments regarding required information on spouse or partner.
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
Maryland collects the annual $25 collection fee after an obligee receives 3,500 or more in child support payments during the federal fiscal year. After the obligee receives $3,500 or more in payments, Maryland automatically deducts the fee from the next payment.
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
After the obligee receives $3,500 or more the $25 collection fee is withheld from the child support payments.
F11.2 Does your state collect the fee from the person applying for IV-D services?
No
F11.3. Does your state collect the fee from the absent parent?
No
F11.4. Does your state pay the fee out of its own funds?
Maryland pays the $25 collection fee when an obligee has receives less than $3,500 in child support payments during the federal fiscal year..
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
Implemented March 20,2009
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
No
F14. Does your state participate in the pass-through in former assistance cases?
No
F14.1. If yes, provide the date.
N/A
F15. Will your state discontinue eligible assignments under the DRA of 2005?
No
F15.1. If yes, list the eligible assignments your state would discontinue.
N/A
F15.2. When will your state discontinue each type of assignment?
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
Under PRWORA distribution ordering rules.
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
Administratively redirect the payments to the new payee if the CSE agency is the plaintiff in the case; and Open a new CSES case for the new caretaker relative and to the extent consistent with the court order.
For Additional Information - No Link Provided
F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
Administratively redirect the payments to the new payee if the CSE agency is the plaintiff in the case; and Open a new CSES case for the new caretaker relative and to the extent consistent with the court order.
For Additional Information - No Link Provided
F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?
Administratively redirect the payments to the new payee if the CSE agency is the plaintiff in the case; and Open a new CSES case for the new caretaker relative and to the extent consistent with the court order.
For Additional Information - No Link Provided
F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
Deducted from collection after $3,500 has been distributed to custodial parent.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
Yes
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
Genetic Testing, Hospital Fees and Court Costs.
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

G. Income Withholding

G1. 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 - exit disclaimer
G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No
G2.1. If yes, what are those limits?
N/A
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
$2 per withholding (voluntary)
For Additional Information - No Link Provided
G4. 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.
G5. 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.
G6. 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.
G7. 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.
For Additional Information - No Link Provided
G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No
G8.1. Explain your process for receiving direct withholding orders across state lines.
N/A
For Additional Information - No Link Provided
G8.2. What documents are required to intercept UI benefits?
Transmittal #3, the Income Withholding Order and the Child Support Agency Confidential Information Form.
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
No
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
N/A
G10. How does an obligor contest income withholding in your state?
Within 30 days after withholding notice is mailed to the NCP, the NCP can file a motion with the circuit court to stay the income withholding order, or the NCP can request an investigation by CSEA. (Md. Code Ann., Fam. Law 10-124(c)(3).)
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the 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
G11.1. 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
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.

For Additional Information - No Link Provided
G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
No.
G13. When does your state require the employer to send notice of an employee's termination?
Within 10 days of the earlier to occur of either the employee giving notice or the employee being terminated. (Md. Code Ann., Fam. Law 10-130.)
For Additional Information - No Link Provided
G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
90 days. (Md. Code Ann., Commercial Law 15-604.)
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
No
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
No
For Additional Information - No Link Provided
G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Employer
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G18. 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
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G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
Current Support is satisfied first, Arrears payments are distributed porportionitately based on the amount owed to each state.
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
N/A
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G21. Does your state's law require a signature on the income withholding order?
No

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No
H1.1. If yes, please explain.
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
99.0% (Md. Code Ann., Fam. Law 5-1029(f)(4).)
For Additional Information - No Link Provided
H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
See Family Law article 5-1028
For Additional Information - No Link Provided
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.
For Additional Information - No Link Provided
H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
Presumption may be rebutted by the testimony of a person other than the mother or her husband.
For Additional Information - No Link Provided
H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
No
H6.1. If no, 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.
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H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
10/01/1993
H8. Does your state have any other paternity-related presumptions?
No
H8.1. If yes, briefly explain.
N/A
H9. Does your state have a putative fathers' registry?
No
H9.1. If yes, what is the name of that entity?
N/A
For Additional Information - No Link Provided
H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
No
H10.1. If yes, please describe any circumstances under which these fees may be waived.

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H11. Is common-law marriage recognized in your state?
No
H11.1. If yes, briefly describe the standard that defines common-law marriage.
N/A
H11.2. When did your current common-law standard go into effect?
H11.3. 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?
N/A
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H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
YES, and in a UIFSA case, a party residing outside the State may testify by phone, audiovisual means, or other elctronic means. (Md. Code Ann., Fam. Law 10-328(f).)
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
Courts and Judicial Proceedings Article 6-103.1 and 6-103.2; Family Law Article 10-304 and 10-305, Annotated Code of Maryland.
For Additional Information - No Link Provided
H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, please explain.
Md. Code Ann., Fam. Law 10-328(d) provides that copies of bills for genetic testing are admissable to prove the testing cost when provided to the NCP at least 10 days before trial, and that cost would be recoverable from the NCP under Md. Code Ann., Fam. Law 10-325(b) if paternity is established.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
One UIFSA packet may be sent. It should include one Affidavit of Parentage for each child and copy of each order for paternity and/or support. If there is only one order establishing paternity for all of the children, then only one copy of the order is needed. If there is only one order establishing support for all of the children, then only one copy of the order is needed. If the order establishes both paternity and support for all of the children, there is still only one copy needed.
H16. If there is more than one child with the same custodial party 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?
Separate packets for each child.

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined 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?
None
I1.2. Under what circumstances would a judicial process would be used?
All circumstances
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
N/A
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I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
Only parent's income.
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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.
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I4. Will your state establish support orders for prior periods?
No
I4.1. If yes, for what prior periods (for example, 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
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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, specify those limitations.
Limited to support back to date of filing complaint
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
Paternity established administratively using the Affidavit of Parentage. Certain enforcement mechanisms can be pursued administratively. See Section J of IRG.
For Additional Information - No Link Provided
I6. What is your state's statutory authority for the administrative process?
Family Law Article 5-1028 - Paternity only
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I7. Is there a local state law that allows an interstate administrative subpoena?
No
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I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No
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I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
No
I10. 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?
No
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
Modification
I12. 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 custodian obtain legal custody before a support order is modified or established?
NO
I13. 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 custodian obtain legal custody before support can be redirected to the new payee?
NO
I14. What methods of personal service does your state use? **
Forward documents needing to be served to the sheriff or other public official. Forward documents needing to be served to a private contractor. Other, please specify Private Process Server and Sherriff's Office.
I15. Does your state send and receive pleadings and documents electronically in international cases? **
Yes
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
Uniform Support Petition; Affidavit In Support of Establishing Paternity; and General Testimony.
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
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.
I17. Please provide the relevant statutory or case law citation. **
Annotated Code of Maryland Family Law Article 12-201 and 12-204.
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I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
Yes
I18.1 If yes, indicate the appropriate responses. **
The use of mediation, conciliation, or similar processes is encouraged in every child support case

J. Support Enforcement

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?
Both The lien must be filed by the Administration. Liens received from another state must be sent through the Central Registry first.
J2.1. What are the trigger criteria for filing a lien?
The criteria is when there are arrears of over $500 and noncustodial intrest in real property has been verified. See COMAR 07.07.06.05(E). Use of the remedy by local agencies is discretionary.
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J2.2. Where are 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 yes, 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?
Both.
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?
When case becomes delinquent.
J4.2. Does your state's income withholding definition include amounts in financial institutions?
NO
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J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
Yes
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
CSEA.
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
The notice to the NCP must be sent within 2 days after CSEA receives the return receipt confirming that the bank received the notice to freeze and seize. (Md. Code Ann., Fam. Law 10-108.3(e)(1).)
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 delinquent dollar amount that makes an obligor eligible for asset seizure?
$500
For Additional Information - No Link Provided
J5.3. Is there a specified amount of time of delinquency required 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, provide the percentage.
N/A
J5.4.2. Is the percentage different for joint accounts?
No
J5.4.3. If yes, describe.
State does not seize joint accounts.
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.
Accounts must have in excess of $500.00 for a lien to be attached to the assets.
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
State
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency 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.
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J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your 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 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. A freeze and seize can also be challenged if the funds are exempt under Md. Code Ann., Courts & Jud. Proc. Art. 11-504 or 11-603.
For Additional Information - No Link Provided
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 is 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, the financial institution 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. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
No
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
N/A
For Additional Information - No Link Provided
J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame 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.
For Additional Information - No Link Provided
J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
A timeframe is not specified.
For Additional Information - No Link Provided
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 and/or workers' compensation benefits is an administrative process.
J7. Describe any other administrative enforcement procedures your state may have.
Administrative processes are Passport Denial, State Lottery Intercept, suspension or denial of business, occupational, professional, and recreational hunting or fishing licenses and Medical Support Withholding and (DLS) Driving Licenses Suspension.
J8. 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 - exit disclaimer
J10. Which of your state's enforcement remedies are available without judicial actions?
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 procedures for registering and enforcing another state's order.
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. Describe additional judicial procedures required after registration, if any, to enforce a support order.
Once registered, the order is enforceable in the same manner as a Maryland order. (Md. Code Ann., Fam. Law 10-342(b).)
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
No
J13.1. If yes, provide the statutory citation.

For Additional Information - No Link Provided
J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
60 day delinquency
J15. To which credit bureaus does your state report an obligor's child support information?
Trans Union,Equifax,Experian,and Novis.
J16. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
MSFIDM AND FIDM
J19. What documentation does your state require to proceed with an AEI request?
Transmittal#1 for Registration of case.
J20. What mandatory data elements does your state need to process AEI requests?
Banking information and Account number.
For Additional Information - No Link Provided
J21. Which additional data elements would aid your state in processing AEI requests?
All Critical Data Element for Non-Custodial and Custodial Parents.
J22. How many copies/sets of documents does your state require with an AEI request?
One Original and 2 Copies
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
Transmittal#1, Certification of Arrears with payment record, Certified copy of all orders, and Financial Account Information.
J25. What is the procedure for obtaining a certified copy of a court order?
Provide Transmittal#3 requesting documents needed.
J26. What is the procedure for obtaining a certified payment record?
Provide Transmittal#3 requesting documents.
J27. Is there a cost for requesting a certified copy of a court order or payment record?
No
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
The case is out of compliance with the most recent court order based on payments required in a 60-day period; or Arrears only cases in which no payment has been made within the last sixty days. License suspension can be challenged when: 1. It would be an impediment to NCP's current or potential employment because the employer requires the NCP to have a driver's license to perform the job duties; 2. It would place undue hardship on NCP because of a documented disability resulting in a verified inability to work; and 3. It would place undue hardship on the NCP because of a subsequent inability to comply with the court order due to unemployment, insufficient income to meet the child support obligation, or incarceration.(COMAR 07.07.15.05.9(C))
J29. What triggers a driver's license revocation?
60 days or more out of complaince with most recent court orders.(COMAR 07.07.15.05.9(C))
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
No
J29.2 If yes, what is the amount?
N/A
J30. Under what conditions may a noncustodial party restore the driver's license?
1. Payment of arrears in full; 2. Paying the order amount for six consecutive months; 3. The information reported on the arrearage is determined to be inaccurate; 4. Suspension would be an impediment to current or potential employment; or 5. Supension would place an undue hardship on the obligor because of the obligor's: a)document disability resulting in verified inability to work; or b) inability to comply with the court order
J30.1 What is the process for restoring a driver's license?
Contact the local child support office.
J31. Does your state allow temporary or conditional driver's licenses?
Yes
J31.1 If yes, what are the conditions?
Work restricted licenses are authorized by statute; however, CSEA does not request such a license be issued as it would not be subject to suspension.
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
Optional, You may provide additional information on innovative or special practices.
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
yes
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
Yes
J33.2 What is the dollar amount?
$150.
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
No
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
N/A
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
YES
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
YES
J36.2 What is the dollar amount?
$150 TCA $500.00 Non-TCA
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
No
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
N/A
J38.2 What is the dollar amount?
N/A
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
YES
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Review may be requested every 3 years or upon evidence of a substantial change in circumstances.
For Additional Information - No Link Provided
K2. Briefly describe your state's modification procedure.
CSEA reviews the information necessary to detrmine child support using the guidelines. CSEA will file apetition to modify if a material change in circumstances has occured 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).)
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
A material change in circumstances has occured 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).)
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
Yes
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes
K4.6. There has been a substantial change in childcare expenses.
Yes
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
None
K5. Does your state have cost of living adjustments (COLAs) for orders?
No
K5.1. If yes, what index does your state use?
N/A
K6. How does your state credit SSA disability to current and past-due support?
The SSA benefit is offset against the child support obligtion. If the SSA benefit exceeds the current child support obligation, the excess SSA benefit amount is credited to any existing arrears that occured after the effective date the SSA benefits were awarded. SSA benefits cannot be credited toward future child support obligations. See Md. Code Ann., Fam. Law 12-204(j).
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
Yes
K7.1. If yes, explain the circumstances?
Yes, If the Obligor is sentenced and expected to serve 18 months or more, support may be abated if sentencing order was entered after 10/01/2012 and the support order was entered or modified after 10/01/2012.
K7.2. What is the statutory citation for your abatement law?
Md. Code Ann., Fam. Law 12-104.1.
For Additional Information - No Link Provided
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.
N/A
For Additional Information - No Link Provided
K7.4. What information does your state need 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.
K8. What information does your state require to register an out-of-state order for enforcement/modification?
For Enforcement, Transmittal#1,Certified Copy of Arrears,Certified Copy of Order, and Certified Registration Statement( one Original & One copy) For Modification/Enforcement, Transmittal#1 Notarized General Testtimony (or signed by a judge), Notarized Uniform Support Petition, Certified Copy of Order, Certified Copy Arrears, and Certified Registration Statement (One Original & One copy)
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
Yes
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
Current support plus arrears.
K10. 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.

L. Payments

L1. Does your state define a lump sum payment?
No
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
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, give the statutory citation or rule.
N/A
For Additional Information - No Link Provided
L3. Are employers required to report lump sum payments 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. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
N/A
L6. Does your state use the income-withholding order to attach the lump sum payment?
No
L7. Does your state use the lien/levy process to attach lump sum payments?
No
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
N/A
L8. What other documents does your state use to attach lump sum payments?
Liens and writs of garnishment of property.
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
N/A
L9.1. If yes, what are those limits?
N/A
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
Only if an exemption applies under 11-504 of the Courts and Judicial Proceedings Article of the Annotated Code of Maryland.
For Additional Information - No Link Provided
L9.3. If yes, what are those limits?
N/A
L9.4. If no, what percentage is the employer required to withhold?
N/A
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
Yes
L10.1 If yes, would the employer only withhold for that period's obligation?
The employer would only withhold for that period's obligation.
L11. Does your state have a direct deposit program?
Yes
L11.1 If so, specify the vendor.
Bank of America Merrill Lynch
L12. Does your state have a debit card program?
Yes
L12.1 If so, specify the vendor.
Bank of America Merrill Lynch
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
No
L13.1 If so, are there fees involved?
L14. What are the fees associated with using the card?
N/A
L15. How does your state collect child support payments from an obligor? **
Payments must be made to a central location. Payments may be made by check or warrant. Payments may be made by credit card (US Based Credit Card/Address/Company Only. No foreign Credit Cards.)
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
Payments may be by check.
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
All payments are processed upon receipt.
L18. Does your state process electronic payments in international cases? **
No
L18.1 If so, describe the process. **
L19. What is your state's International Bank Account Number (IBAN)? **
The United States does not participate in IBAN; therefore, Bank of America does not have an IBAN number.

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information - exit disclaimer
M1.1. Additional information on the CCPA.

For Additional Information - exit disclaimer
M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
Yes
M2.1. If yes, provide the statutory citation
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; in those cases, the procedures identified in Section J of this questionaire apply. Otherwise there is no insurance match. (Md. Code Ann., Fam. Law 10-108.2(e)(2).)
For Additional Information - No Link Provided
M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
An insurance company acting as a financial institution must provide the full name, address, and SSN/taxpayer ID of the NCP, any other identifying information needed to assure positive identification of the NCP, and , for each of the NCP's accounts, the account number and balance (md.Code Ann.,Fam,Law, 10-108.2(e)(2).)
For Additional Information - No Link Provided
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
N/A
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
N/A
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
N/A
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
N/A
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
N/A
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
N/A
For Additional Information - No Link Provided
M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
N/A
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
Yes.
M3.1. Provide the statutory citation.
Md. Code Ann., Fam. Law 10-108.3, 10-108.6 and 10-140 through 10-144.
For Additional Information - No Link Provided
M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
N/A Other than when the insurance company is acting as a financial institution, in which case the procedures identified in Section J of the IRG.
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
N/A Except in cases where the insurance company is acting as a financial institution, in which case CSEA must notify the NCP.
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
N/A Except in cases where the insurance company is acting as a financial institution, in which case Md. Code Ann., Fam. Law 10-108.3(e)applies.
For Additional Information - No Link Provided
M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
N/A Other than when the insurance company is acting as a financial institution, in which case the procedures identified in Section J of the IRG.
For Additional Information - No Link Provided
M6. Are there attorney fees associated with the insurance intercept activity?
N/A
M7. How does another state initiate and intercept collections from your state 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.
M7.1. What is the process, the points of contact, and what forms?
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.

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
N2. Does your state 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) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
N3. Does your state 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)
N4. Does your state 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)

** Signifies a Hague profile question