EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0110*
HOUSE BILL 110
D4 5lr1458
(PRE–FILED) CF SB 106
By: Delegates Simpson and Taylor, Taylor, Crutchfield, Tomlinson, Toles,
Phillips, Stinnett, Arikan, Kaufman, and Williams
Requested: October 29, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 4, 2025
CHAPTER ______
AN ACT concerning 1
Child Support – Suspension of Driver’s Licenses 2
FOR the purpose of altering provisions of law relating to the authority of the Child Support 3
Enforcement Administration to notify the Motor Vehicle Administration of an 4
individual’s child support arrearages for the purpose of suspending the individual’s 5
driver’s license or privilege to drive under certain circumstances; and generally 6
relating to the suspension of an individual’s driver’s license or privilege to drive for 7
child support arrearages. 8
BY repealing and reenacting, without amendments, 9
Article – Family Law 10
Section 10–119(a) and 12–201(q) 11
Annotated Code of Maryland 12
(2019 Replacement Volume and 2024 Supplement) 13
BY repealing and reenacting, with amendments, 14
Article – Family Law 15
Section 10–119 10–119(b) and (c) 16
Annotated Code of Maryland 17
(2019 Replacement Volume and 2024 Supplement) 18
BY repealing and reenacting, without amendments, 19
Article – Family Law 20 2 HOUSE BILL 110
Section 12–201(q) 1
Annotated Code of Maryland 2
(2019 Replacement Volume and 2024 Supplement) 3
BY repealing and reenacting, with amendments, 4
Article – Transportation 5
Section 16–203 6
Annotated Code of Maryland 7
(2020 Replacement Volume and 2024 Supplement) 8
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
That the Laws of Maryland read as follows: 10
Article – Family Law 11
10–119. 12
(a) (1) In this section the following words have the meanings indicated. 13
(2) “License” has the meaning stated in § 11–128 of the Transportation 14
Article. 15
(3) “Motor Vehicle Administration” mea ns the Motor Vehicle 16
Administration of the Department of Transportation. 17
(b) (1) Subject to the provisions of subsection (c) of this section, the 18
Administration may notify the Motor Vehicle Administration of an obligor [with a 19
noncommercial license who is 60 days or more out of compliance, or an obligor with a 20
commercial license] who is 120 days or more out of compliance[,] with the most recent order 21
of the court in making child support payments if: 22
(i) the Administration has accepted an assignment of support under 23
§ 5–312(b)(2) of the Human Services Article; or 24
(ii) the recipient of support payments has filed an application for 25
support enforcement services with the Administration. 26
(2) Upon notification by the Administration under this subsection, the 27
Motor Vehicle Administration: 28
(i) shall suspend the obligor’s license or privilege to drive in the 29
State; and 30
(ii) may issue a work–restricted license or work–restricted privilege 31
to drive in the State in accordance with § 16–203 of the Transportation Article. 32
HOUSE BILL 110 3
(c) (1) (I) 1. Before supplying any information to the Motor Vehicle 1
Administration under this section, AND AFTER MAKING REA SONABLE ATTEMPTS TO 2
NOTIFY THE OBLIGOR O F NONCOMPLIANCE STAT US, INCLUDING BY WRITTEN AND 3
ELECTRONIC MEANS , the Administration shall[: 4
(i) send written notice of the proposed action to the obligor, 5
including notice of the obligor’s right to request an investigation on any of the following 6
grounds: 7
1. the information regarding the reported arrearage is 8
inaccurate; 9
2. suspension of the obligor’s license or privilege to drive 10
would be an impediment to the obligor’s current or potential employment; or 11
3. suspension of the obligor’s license or privilege to drive 12
would place an undue hardship on the obligor because of the obligor’s: 13
A. documented disability resulting in a verified inability to 14
work; or 15
B. inability to comply with the court order; and 16
2. THE MINOR CHILD IS R ESIDING PRIMARILY WI TH THE 17
OBLIGOR; 18
3. THE OBLIGOR HAS A DOCUMENTED DISABILIT Y 19
RESULTING IN A VERIF IED INABILITY TO WOR K; 20
4. SUSPENSION OF THE OB LIGOR’S LICENSE OR 21
PRIVILEGE TO DRIVE W OULD BE AN IMPEDIMEN T TO CURRENT OR POTE NTIAL 22
EMPLOYMENT ; 23
5. THE OBLIGOR DOES NOT HAVE THE ABILITY TO PAY 24
AND IS MAKING REASONABLE EFFORTS T O BECOME OR REMAIN E MPLOYED; 25
6. THE ADMINISTRATION REACHE D AN AGREEMENT 26
WITH THE OBLIGOR , INCLUDING THROUGH A PAYMENT INCENTIVE PR OGRAM FOR A 27
SCHEDULED PAYMENT OF THE ARREARAGES , OR THE COURT ISSUED AN ORDER FOR 28
A SCHEDULED PAYMEN T OF THE ARREARAGES , AND THE ADMINISTRATION 29
DETERMINES THAT THE OBLIGOR IS COMPLYING WITH THE AGREEMENT O R THE 30
ORDER; 31
4 HOUSE BILL 110
7. SUSPENSION OF THE OB LIGOR’S LICENSE OR 1
PRIVILEGE TO DRIVE W OULD BE AN IMPEDIMEN T TO THE OBLIGOR ’S ABILITY TO 2
ASSIST WITH THE TRAN SPORTATION NEEDS OF T HE MINOR CHILD ; OR 3
8. SUSPENSION OF THE OB LIGOR’S LICENSE OR 4
PRIVILEGE TO DRIVE W OULD PLACE AN UNDUE HARDSHIP ON THE MINO R CHILD, 5
THE CHILD SUPPORT PA YMENT RECIPIENT , OR THE OBLIGOR ; AND 6
(ii) give the obligor a reasonable opportunity to request an 7
investigation of the proposed action of the Administration. 8
(2) (i) Upon receipt of a request for investigation from the obligor, the 9
Administration shall conduct an investigation to determine if any of the grounds under 10
paragraph (1)(i) of this subsection exist. 11
(ii) The Administration shall: 12
1. send a copy of the obligor’s request for an investigation to 13
the obligee by first–class mail; 14
2. give the obligee a reasonable opportunity to respond; and 15
3. consider the obligee’s response. 16
(iii) Upon completion of the investigation, the Administration shall 17
notify the obligor of the results of the investigation and the obligor’s right to appeal to the 18
Office of Administrative Hearings. 19
(3) (i) An appeal under this section shall be conducted in accordance 20
with Title 10, Subtitle 2 of the State Government Article. 21
(ii) An appeal shall be made in writing and shall be received by the 22
Office of Administrative Hearings within 20 days after the notice to the obligor of the 23
results of the investigation. 24
(4) If, after AFTER the investigation or appeal to the Office of 25
Administrative Hearings, the Administration finds that one of the grounds under 26
paragraph (1)(i) of this subsection exists, the Administration: 27
(I) may not send any information about the obligor to the Motor 28
Vehicle Administration IF THE ADMINISTRATION FINDS THAT ONE OF THE GROU NDS 29
UNDER PARAGRAPH (1)(I) OF THIS SUBSECTION E XISTS; AND 30
(II) MAY SEND INFORMATION ABOUT THE OBLIGOR TO THE 31
MOTOR VEHICLE ADMINISTRATION ONLY I F THE ADMINISTRATION VERIFI ES THAT 32
SUSPENSION OF THE OB LIGOR’S LICENSE OR PRIVILE GE TO DRIVE IS APPRO PRIATE 33 HOUSE BILL 110 5
BECAUSE THE OBLIGOR HAS THE FUNDS TO PAY BUT IS MAKING THE FR EE AND 1
CONSCIOUS CHOICE TO WITHHOLD PAYMENT OR IS VOLUNTARILY IM POVERISHED, 2
AS DEFINED IN § 12–201(Q) OF THIS ARTICLE . 3
[(5) The Administration may not send any information about an obligor to 4
the Motor Vehicle Administration if: 5
(i) the Administration reaches an agreement with the obligor 6
regarding a scheduled payment of the obligor’s child support arrearage or a court issues an 7
order for a scheduled payment of the child support arrearage; and 8
(ii) the obligor is complying with the agreement or court order] 9
PETITION THE COURT T O MAKE A FINDING THA T SUSPENSION OF THE OBLIGOR ’S 10
LICENSE OR PRIVILEGE TO DRIVE IS APPROPRI ATE UNDER THE PROVIS IONS OF THIS 11
SUBSECTION . 12
2. REASONABLE ATTEMPTS T O NOTIFY THE OBLIGOR 13
UNDER THIS SUBPARAGR APH SHALL INCLUDE WR ITTEN AND ELECTRONIC NOTICE. 14
3. NOTICE OF THE COURT PETITION SHALL BE SE RVED 15
ON THE OBLIGOR . 16
(II) IF, AFTER A HEARING , THE COURT DETERMINES THAT 17
SUSPENSION OF THE OB LIGOR’S LICENSE OR PRIVILE GE TO DRIVE IS APPRO PRIATE, 18
THE ADMINISTRATION MAY NO TIFY THE MOTOR VEHICLE ADMINISTRATION . 19
(2) THE COURT MAY MAKE A FINDING THAT SUSPENSION OF THE 20
OBLIGOR’S LICENSE OR PRIVILE GE TO DRIVE IS APPRO PRIATE IF THE 21
ADMINISTRATION PROVES BY CLEAR AND CONVINC ING EVIDENCE THAT TH E 22
OBLIGOR HAS THE FUND S TO PAY THE ARREARA GE BALANCE BUT IS MA KING THE 23
FREE AND CONSCIOUS C HOICE TO WITHHOLD PAYME NT OR IS VOLUNTARILY 24
IMPOVERISHED , AS DEFINED IN § 12–201(Q) OF THIS ARTICLE. 25
(3) THE COURT MAY NOT MAK E A FINDING THAT SUS PENSION OF THE 26
OBLIGOR’S LICENSE OR PRIVILE GE TO DRIVE IS APPRO PRIATE IF: 27
(I) THE OBLIGOR PROVES B Y A PREP ONDERANCE OF THE 28
EVIDENCE ANY OF THE FOLLOWING FACTORS : 29
1. THE MINOR CHILD IS R ESIDING PRIMARILY WI TH THE 30
OBLIGOR; 31
2. THE OBLIGOR HAS A DO CUMENTED DISABILITY 32
RESULTING IN A VERIF IED INABILITY TO WOR K; 33
6 HOUSE BILL 110
3. SUSPENSION OF THE OB LIGOR’S LICENSE OR 1
PRIVILEGE TO DRIVE W OULD BE AN IMPEDIMEN T TO CURRENT OR POTE NTIAL 2
EMPLOYMENT ; 3
4. THE OBLIGOR DOES NOT HAVE THE ABILITY TO PAY 4
AND IS MAKING REASON ABLE EFFORTS TO BECO ME OR REMAIN EMPLOYE D; 5
5. THE ADMINISTRATION REACHE D AN AGREEMENT 6
WITH THE OB LIGOR, INCLUDING THROUGH A PAYMENT INCENTIVE PR OGRAM FOR A 7
SCHEDULED PAYMENT OF THE ARREARAGES , OR THE COURT ISSUED AN ORDER FOR 8
A SCHEDULED PAYMENT OF THE ARREARAGES , AND THE COURT DETERM INES THAT 9
THE OBLIGOR IS COMPL YING WITH THE AGREEM ENT OR THE ORDER ; 10
6. SUSPENSION OF THE OB LIGOR’S LICENSE OR 11
PRIVILEGE TO DRIVE W OULD BE AN IMPEDIMEN T TO THE OBLIGOR ’S ABILITY TO 12
ASSIST WITH THE TRAN SPORTATION NEEDS OF THE MINOR CHILD ; OR 13
7. ANY OTHER CIRCUMSTAN CE THAT THE COURT 14
DETERMINES WOULD PLA CE AN UNDUE HARDSHIP ON THE MINO R CHILD, THE CHILD 15
SUPPORT PAYMENT RECI PIENT, OR THE OBLIGOR ; OR 16
(II) THE INFORMATION REGA RDING THE REPORTED 17
ARREARAGE IS INACCUR ATE. 18
(d) (1) (I) [If, after] AFTER information about an obligor is supplied to the 19
Motor Vehicle Administration, [the obligor’s arrearage is paid in full, the obligor has 20
demonstrated good faith by paying the ordered amount of support for 6 consecutive months, 21
the obligor is a participant in full compliance in an employment program approved by the 22
Administration, or the Administration finds that one of the grounds under subsection 23
(c)(1)(i) of this section exists] IF THE ADMINISTRATION OR THE COURT FINDS THAT THE 24
SUSPENSION OF THE OB LIGOR’S LICENSE OR PRIVILE GE TO DRIVE IS NOT 25
APPROPRIATE UNDER TH IS SECTION, the Administration shall notify the Motor Vehicle 26
Administration to reinstate the obligor’s license or privilege to drive. 27
(II) THE OBLIGOR MAY MAKE A REQUEST FOR REINST ATEMENT 28
OF THE OBLIGOR ’S LICENSE OR PRIVILE GE TO DRIVE WITH THE ADMINISTRATION 29
OR WITH THE COURT . 30
(2) [The] ON REQUEST OF THE OBL IGOR, THE Administration [may] 31
SHALL request that the Motor Vehicle Administration expunge a record of a suspension of 32
a license or privilege to drive for failure to pay child support: 33
(i) for an obligor who is enrolled in and compliant with an 34
employment program approved by the Administration; or 35
HOUSE BILL 110 7
(ii) if the information reported by the Administration that led to the 1
suspension was inaccurate. 2
(e) The Secretary of Human Services, in cooperation with the Secretary of 3
Transportation [and the Office of Administrative Hearings], shall adopt regulations to 4
implement this section. 5
(F) THE SUPREME COURT OF MARYLAND MAY ADOPT RU LES TO 6
IMPLEMENT THIS SECTI ON. 7
12–201. 8
(q) “Voluntarily impoverished” means that a parent has made the free and 9
conscious choice, not compelled by factors beyond the parent’s control, to render the parent 10
without adequate resources. 11
Article – Transportation 12
16–203. 13
(a) In this section, “Child Support Administration” means the Child Support 14
Administration of the Department of Human Services. 15
(b) On notification by the Child Support Administration in accordance with § 16
10–119 of the Family Law Article that an obligor is [60] 120 days or more out of compliance 17
with the most recent order of the court in making child support payments, the 18
Administration: 19
(1) Shall suspend an obligor’s license or privilege to drive in the State; and 20
(2) May issue a work–restricted license or work–restricted privilege to 21
drive. 22
(c) (1) Prior to the suspension of a license or the privilege to drive in the State 23
and the issuance of a work–restricted license or work–restricted privilege to drive under 24
subsection (b) of this section, the Administration shall [send written notice] MAKE 25
REASONABLE ATTEMPTS TO NOTIFY THE OBLIGO R of the proposed action [to the 26
obligor] IN ACCORDANCE WITH § 10–119(C)(1)(I)2 OF THE FAMILY LAW ARTICLE, 27
including notice of the obligor’s right to contest the accuracy of the information. 28
(2) Any contest under this subsection shall be limited to whether the 29
Administration has mistaken the identity of the obligor or the individual whose license or 30
privilege to drive has been suspended. 31
(d) (1) An obligor may appeal a decision of the Administration to suspend the 32
obligor’s license or privilege to drive. 33 8 HOUSE BILL 110
(2) At a hearing under this subsection, the issue shall be limited to whether 1
the Administration has mistaken the identity of the obligor or the individual whose license 2
or privilege to drive has been suspended. 3
(e) The Administration shall reinstate an obligor’s license or privilege to drive in 4
the State if: 5
(1) The Administration receives a court order to reinstate the license or 6
privilege to drive; or 7
(2) The Child Support Administration notifies the Administration that: 8
(i) The individual whose license or privilege to drive was suspended 9
is not in arrears in making child support payments; 10
(ii) The obligor has paid the support arrearage in full; 11
(iii) The obligor has demonstrated good faith by paying the ordered 12
amount of support for 6 consecutive months; 13
(iv) The obligor is a participant in full compliance in an employment 14
program approved by the Child Support Administration; or 15
(v) One of the grounds under [§ 10–119(c)(1)(i)] § 10–119(C)(3) of 16
the Family Law Article exists. 17
(f) The Secretary of Transportation, in cooperation with the Secretary of Human 18
Services [and the Office of Administrative Hearings], shall adopt regulations to implement 19
this section. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2025. 22
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.