EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0218*
HOUSE BILL 218
D4 5lr0340
(PRE–FILED) CF SB 195
By: Chair, Judiciary Committee (By Request – Departmental – Human Services)
Requested: October 12, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Family Law – Child Support 2
FOR the purpose of altering provisions relating to the commencement of a proceeding to 3
hold a person in contempt of court for the person’s default in payment of periodic 4
child or spousal support under the terms of a court order and provisions relating to 5
the commencement of a contempt proceeding for failure to make a payment of child 6
or spousal support under a court order; authorizing the Child Support 7
Administration to take action to secure an assignment to the State of any rights to 8
support on behalf of a child receiving foster care maintenance payments under 9
certain circumstances; expanding provisions relating to the interception of lottery 10
prizes for the payment of child support arrearages to include the interception of 11
prizes from sports wagering or a fantasy competition; altering provisions relating to 12
the suspension of a child support obligor’s license or privilege to drive for failure to 13
pay child support; altering provisions relating to the duties of health occupations 14
boards and the State Emergency Services Board to collect and maintain certain 15
information from license applicants; establishing that child support arrears 16
constitute a lien by operation of law against the net recovery of a personal injury 17
award up to the maximum lien amount and specifying related procedures; altering 18
certain provisions relating to earnings withholding; requiring an independent 19
contractor’s employer to submit certain information to the Administration under 20
certain circumstances; altering provisions relating to the modification of a child 21
support award; requiring a court to terminate a child support order that was 22
previously established or assigned for a child receiving a foster care maintenance 23
payment under certain circumstances; altering provisions relating to the 24
determination of child support under the child support guidelines; and generally 25
relating to child support. 26
BY repealing and reenacting, with amendments, 27
Article – Courts and Judicial Proceedings 28 2 HOUSE BILL 218
Section 5–111 1
Annotated Code of Maryland 2
(2020 Replacement Volume and 2024 Supplement) 3
BY adding to 4
Article – Family Law 5
Section 5–525.3, 10–119.4, 10–139, and 12–104.2 6
Annotated Code of Maryland 7
(2019 Replacement Volume and 2024 Supplement) 8
BY repealing and reenacting, with amendments, 9
Article – Family Law 10
Section 10–101, 10–102, 10–108(c), 10–113.1, 10–119, 10–119.3(b), 10–122, 12–104, 11
12–201(c) and (n), 12–202(a), and 12–204(a) 12
Annotated Code of Maryland 13
(2019 Replacement Volume and 2024 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Transportation 16
Section 16–203 17
Annotated Code of Maryland 18
(2020 Replacement Volume and 2024 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Courts and Judicial Proceedings 22
5–111. 23
A proceeding to hold a person in contempt of court for the person’s default in payment 24
of periodic child or spousal support under the terms of a court order shall be commenced 25
within [3] 7 years of the date each installment of support ORIGINALLY became due [and 26
remained unpaid]. 27
Article – Family Law 28
5–525.3. 29
(A) ONLY IN LIMITED CIRCU MSTANCES, WHERE THE ADMINISTRATION 30
FINDS IT APPROPRIATE , MAY ACTION BE TAKEN TO S ECURE AN ASSIGNMENT TO THE 31
STATE OF ANY RIGHTS T O SUPPORT ON BEHALF OF A CHILD RECEIVING FOSTER 32
CARE MAINTENANCE PAY MENTS UNDER THIS PART III OF THIS SUBTITLE. 33
(B) THE ADMINISTRATION MAY TA KE ACTION, WHEN APPROPRIATE , TO 34
DISCONTINUE AN ASSIG NMENT OF RIGHTS TO S UPPORT AND TERMINATE EXISTING 35 HOUSE BILL 218 3
SUPPORT ORDERS FOR A CHILD RECEIVING FOST ER CARE MAINTENANCE 1
PAYMENTS. 2
(C) THE SECRETARY OF HUMAN SERVICES SHALL ADOPT RULES AND 3
REGULATIONS TO IMPLE MENT THIS SECTION . 4
10–101. 5
(a) In this title the following words have the meanings indicated. 6
(b) “Administration” means the Child Support Administration of the Department 7
of Human Services. 8
(c) “Earnings” includes: 9
(1) any form of periodic payment to an individual, including: 10
(i) an annuity; 11
(ii) a pension; 12
(iii) Social Security payments; 13
(iv) workers’ compensation payments; and 14
(v) unemployment insurance benefits; [and] 15
(2) any commissions or fees paid in connection with the [obligor’s] 16
EMPLOYEE’S employment; AND 17
(3) ANY PAYMENT RECEIVED BY AN INDEPENDENT C ONTRACTOR : 18
(I) FROM AN EMPLOYER FOR SERVICES PROVIDED BY THE 19
INDEPENDENT CONTRACT OR IN THE COURSE OF THE EMPLOYER ’S TRADE OR 20
BUSINESS; AND 21
(II) THAT THE EMPLOYER RE PORTS OR EXPECTS TO REPORT ON 22
IRS FORM 1099. 23
(d) “EMPLOYEE” MEANS AN INDIVIDUAL WHO IS EMPLOYED BY AN 24
EMPLOYER FOR A WAGE OR OTHER COMPENSATIO N IN THE TRADE OR BU SINESS OF 25
THE EMPLOYER . 26
(E) (1) “Employer” means any person who is paying earnings to an [obligor] 27
EMPLOYEE . 28 4 HOUSE BILL 218
(2) “Employer” includes: 1
(I) a governmental entity; AND 2
(II) A PERSON WHO IS PAYI NG EARNINGS TO AN IN DEPENDENT 3
CONTRACTOR FOR SERVI CES PROVIDED IN THE COURSE OF THE EMPLOY ER’S TRADE 4
OR BUSINESS THAT THE EMPLOYER REPORTS OR EXPECTS TO REPORT ON IRS 5
FORM 1099. 6
(F) “INDEPENDENT CONTRACTO R” MEANS A PERSON WHO : 7
(1) PROVIDES SERVICES TO AN EMPLOYER IN THE C OURSE OF THE 8
EMPLOYER’S TRADE OR BUSINESS ; AND 9
(2) RECEIVES EARNINGS FR OM AN EMPLOYER THAT THE EMPLOYER 10
REPORTS OR EXPECTS T O REPORT ON IRS FORM 1099. 11
[(e)] (G) “Local support enforcement office” means 1 of the following that is 12
responsible for support enforcement: 13
(1) a county agency; or 14
(2) a component of the circuit court for a county. 15
[(f)] (H) (1) “Obligee” means any person who is entitled to receive support. 16
(2) “Obligee” includes a state. 17
[(g)] (I) “Obligor” means an individual who is required to pay support under a 18
court order. 19
[(h)] (J) “Support” includes: 20
(1) child support; 21
(2) spousal support; 22
(3) support of destitute adult children; and 23
(4) support of destitute parents. 24
[(i)] (K) “Support enforcement agency” means 1 of the following that receives 25
support payments under a court order: 26
HOUSE BILL 218 5
(1) the Administration; or 1
(2) a local support enforcement office. 2
10–102. 3
A contempt proceeding for failure to make a payment of child or spousal support 4
under a court order shall be [brought] COMMENCED within [3] 7 years of the date that 5
[the payment] EACH INSTALLMENT of support ORIGINALLY became due. 6
10–108. 7
(c) (1) In this subsection, “notice of arrearage” means a written notice provided 8
by the Administration: 9
(i) to an obligor who is in arrears in making child support payments; 10
and 11
(ii) relating to the arrearage. 12
(2) If the Administration sends a notice of arrearage within the first 120 13
days that the obligor is in arrears in making child support payments, the Administration 14
shall include notice that continued arrearage may result in: 15
(I) revocation or denial of a license under § 10–119.3 of this subtitle; 16
AND 17
(II) A LIEN BEING PLACED AGAINST A PERSONAL I NJURY AWARD 18
UNDER § 10–119.4 OF THIS SUBTITLE . 19
10–113.1. 20
(a) (1) In this section the following words have the meanings indicated. 21
(2) “Agency” means the State Lottery and Gaming Control Agency. 22
(3) “FANTASY COMPETITION ” HAS THE MEANING STAT ED IN § 23
9–1D–01 OF THE STATE GOVERNMENT ARTICLE. 24
(4) “FANTASY COMPETITION O PERATOR” HAS THE MEANING STAT ED 25
IN § 9–1D–01 OF THE STATE GOVERNMENT ARTICLE. 26
(5) “SPORTS WAGERING ” HAS THE MEANING STAT ED IN § 9–1E–01 OF 27
THE STATE GOVERNMENT ARTICLE. 28
6 HOUSE BILL 218
(6) (I) “SPORTS WAGERING LICEN SEE” HAS THE MEANING STAT ED 1
IN § 9–1E–01 OF THE STATE GOVERNMENT ARTICLE. 2
(II) “SPORTS WAGERING LICEN SEE” INCLUDES: 3
1. A MOBILE SPORTS WAGE RING LICENSEE, AS DEFINED 4
IN § 9–1E–01 OF THE STATE GOVERNMENT ARTICLE; 5
2. AN ONLINE SPORTS WAG ERING OPERATOR , AS 6
DEFINED IN § 9–1E–01 OF THE STATE GOVERNMENT ARTICLE; AND 7
3. A SPORTS WAGERING FA CILITY LICENSEE , AS 8
DEFINED IN § 9–1E–01 OF THE STATE GOVERNMENT ARTICLE. 9
[(3)] (7) “Video lottery facility” has the meaning stated in § 9–1A–01 of 10
the State Government Article. 11
[(4)] (8) “Video lottery operation licensee” has the meaning stated in § 12
9–1A–01 of the State Government Article. 13
(b) The Administration may certify to the Agency the name of any obligor who is 14
in arrears in the amount of $150 or more if: 15
(1) the Administration has accepted an assignment of support under § 16
5–312(b)(2) of the Human Services Article; or 17
(2) the recipient of support payments has filed an application for support 18
enforcement services with the Administration. 19
(c) The certification shall contain: 20
(1) the full name of the obligor, and any other names known to be used by 21
the obligor; 22
(2) the Social Security number of the obligor; and 23
(3) the amount of the arrearage. 24
(d) If an obligor who has been certified as an obligor wins a lottery prize to be paid 25
by check directly by the Agency, the Agency shall send a notice to the obligor that: 26
(1) the obligor has won a prize to be paid by check directly by the [State 27
Lottery and Gaming Control] Agency; 28
HOUSE BILL 218 7
(2) the [State Lottery and Gaming Control ] Agency has received 1
certification from the [Child Support] Administration of the obligor’s child support 2
arrearage in the amount specified; 3
(3) State law requires the [State Lottery and Gaming Control] Agency to 4
withhold the prize and to pay it towards the obligor’s support arrearage; 5
(4) the obligor has 15 days to appeal to the Administration if the obligor 6
disputes the existence or the amount of the arrearage; and 7
(5) on interception of the prize, the [State Lottery and Gaming Control] 8
Agency will transfer the prize or the part of the prize that equals the obligor’s child support 9
arrearage to the Administration. 10
(e) If an obligor who owes child support and has been certified as an obligor wins 11
a prize at a video lottery facility [requiring], FROM SPORTS WAGERING , OR IN A 12
FANTASY COMPETITION , AND THAT PRIZE REQUI RES the issuance of Internal Revenue 13
Service form W–2G or a substantially equivalent form [by a video lottery operation 14
licensee], the video lottery operation licensee, SPORTS WAGERING LICE NSEE, OR 15
FANTASY COMPETITION OPERATOR shall provide a notice to the obligor that: 16
(1) the obligor has won a prize to be paid by cash or check directly by the 17
video lottery operation licensee, SPORTS WAGERING LICE NSEE, OR FANTASY 18
COMPETITION OPERATOR ; 19
(2) the [State Lottery and Gaming Control ] Agency has received 20
certification from the [Child Support] Administration of the obligor’s child support 21
arrearage in the amount specified; 22
(3) State law requires the video lottery operation licensee, SPORTS 23
WAGERING LICENSEE , OR FANTASY COMPETITI ON OPERATOR to withhold the prize 24
and to pay it towards the obligor’s child support arrearage; 25
(4) the obligor has 15 days to appeal to the Administration if the obligor 26
disputes the existence or the amount of the child support arrearage; and 27
(5) on interception of the prize, the video lottery operation licensee, 28
SPORTS WAGERING LICE NSEE, OR FANTASY COMPETITI ON OPERATOR will transfer 29
the prize or the part of the prize that equals the obligor’s child support arrearage to the 30
Administration. 31
(f) (1) The Agency [or the], video lottery operation licensee, SPORTS 32
WAGERING LICENSEE , OR FANTASY COMPETITION OPE RATOR shall: 33
8 HOUSE BILL 218
(i) withhold and transfer all or part of the prize up to the amount of 1
the arrearage to the Administration; and 2
(ii) pay the excess to the obligor. 3
(2) The Agency [and a], video lottery operation licensee, SPORTS 4
WAGERING LICENSEE , AND FANTASY COMPETIT ION OPERATOR shall honor 5
interception requests in the following order: 6
(i) an interception request under this section; 7
(ii) an interception request under § 11–618 of the Criminal 8
Procedure Article; and 9
(iii) an interception request under § 3–307 of the State Finance and 10
Procurement Article. 11
(g) (1) On receipt of a notice from the Agency [or], video lottery operation 12
licensee, SPORTS WAGERING LICE NSEE, OR FANTASY COMPETITI ON OPERATOR , an 13
obligor who disputes the existence or amount of the arrearage may appeal the transfer. 14
(2) If no appeal is filed within 15 days, the Administration may retain the 15
withheld prize. 16
(3) If the obligor appeals the transfer, after a hearing by the 17
Administration, the withheld prize shall be: 18
(i) paid to the obligor; 19
(ii) retained by the Administration; or 20
(iii) partly paid to the obligor and partly retained by the 21
Administration, in the amounts specified. 22
(h) The Secretary of Human Services and the Director of the Agency may jointly 23
adopt regulations to implement this section. 24
(i) A video lottery operation licensee, SPORTS WAGERING LICE NSEE, OR 25
FANTASY COMPETITION OPERATOR may not be held liable for an act or omission taken 26
in good faith to comply substantially with the requirements of this section. 27
10–119. 28
(a) (1) In this section the following words have the meanings indicated. 29
HOUSE BILL 218 9
(2) “License” has the meaning stated in § 11–128 of the Transportation 1
Article. 2
(3) “Motor Vehicle Adm inistration” means the Motor Vehicle 3
Administration of the Department of Transportation. 4
(b) (1) Subject to the provisions of subsection (c) of this section, the 5
Administration may notify the Motor Vehicle Administration of an obligor with a 6
noncommercial license who is 60 days or more out of compliance, or an obligor with a 7
commercial license who is 120 days or more out of compliance, with the most recent order 8
of the court in making child support payments if: 9
(i) the Administration has accepted an assignment of support under 10
§ 5–312(b)(2) of the Human Services Article; or 11
(ii) the recipient of support payments has filed an application for 12
support enforcement services with the Administration. 13
(2) Upon notification by the Administration under this subsection, the 14
Motor Vehicle Administration: 15
(i) shall suspend the obligor’s license or privilege to drive in the 16
State; and 17
(ii) may issue a work–restricted license or work–restricted privilege 18
to drive in the State in accordance with § 16–203 of the Transportation Article. 19
(c) (1) Before supplying any information to the Motor Vehicle Administration 20
under this section, the Administration shall: 21
(i) send written notice of the proposed action to the obligor, 22
including notice of the obligor’s right to request an investigation on any of the following 23
grounds: 24
1. the information regarding the reported arrearage is 25
inaccurate; 26
2. THE OBLIGOR’S INCOME IS NOT GREA TER THAN 250% 27
OF THE 2024 FEDERAL POVERTY GUID ELINES FOR AN INDIVI DUAL ($37,650 PER 28
YEAR), UNLESS THE OBLIGOR W AS JUDICIALLY DETERM INED TO BE VOLUNTARI LY 29
IMPOVERISHED UNDER § 12–204 OF THIS ARTICLE AT T HE TIME THE MOST REC ENT 30
CHILD SUPPORT ORDER WAS ENTERED ; 31
3. suspension of the obligor’s license or privilege to drive 32
would be an impediment to the obligor’s current or potential employment; or 33
10 HOUSE BILL 218
[3.] 4. suspension of the obligor’s license or privilege to drive 1
would place an undue hardship on the obligor because of the obligor’s: 2
A. documented disability resulting in a verified inability to 3
work; or 4
B. inability to comply with the court order; and 5
(ii) give the obligor a reasonable opportunity to request an 6
investigation of the proposed action of the Administration. 7
(2) (i) Upon receipt of a request for investigation from the obligor, the 8
Administration shall conduct an investigation to determine if any of the grounds under 9
paragraph (1)(i) of this subsection exist. 10
(ii) The Administration shall: 11
1. send a copy of the obligor’s request for an investigation to 12
the obligee by first–class mail; 13
2. give the obligee a reasonable opportunity to respond; and 14
3. consider the obligee’s response. 15
(iii) Upon completion of the investigation, the Administration shall 16
notify the obligor of the results of the investigation and the obligor’s right to appeal to the 17
Office of Administrative Hearings. 18
(3) (i) An appeal under this section shall be conducted in accordance 19
with Title 10, Subtitle 2 of the State Government Article. 20
(ii) An appeal shall be made in writing and shall be received by the 21
Office of Administrative Hearings within 20 days after the notice to the obligor of the 22
results of the investigation. 23
(4) If, after the investigation or appeal to the Office of Administrative 24
Hearings, the Administration finds that one of the grounds under paragraph (1)(i) of this 25
subsection exists, the Administration may not send any information about the obligor to 26
the Motor Vehicle Administration. 27
(5) The Administration may not send any information about an obligor to 28
the Motor Vehicle Administration if: 29
(i) the Administration reaches an agreement with the obligor 30
regarding a scheduled payment of the obligor’s child support arrearage or a court issues an 31
order for a scheduled payment of the child support arrearage; and 32
HOUSE BILL 218 11
(ii) the obligor is complying with the agreement or court order. 1
(d) (1) If, after information about an obligor is supplied to the Motor Vehicle 2
Administration, the obligor’s arrearage is paid in full, the obligor has demonstrated good 3
faith by paying the ordered amount of support for 6 consecutive months, the obligor is a 4
participant in full compliance in an employment program approved by the Administration, 5
or the Administration finds that one of the grounds under subsection (c)(1)(i) of this section 6
exists, the Administration shall notify the Motor Vehicle Administration to reinstate the 7
obligor’s license or privilege to drive. 8
(2) The Administration may request that the Motor Vehicle 9
Administration expunge a record of a suspension of a license or privilege to drive for failure 10
to pay child support: 11
(i) for an obligor who is enrolled in and compliant with an 12
employment program approved by the Administration; or 13
(ii) if the information reported by the Administration that led to the 14
suspension was inaccurate. 15
(e) The Secretary of Human Services, in cooperation with the Secretary of 16
Transportation and the Office of Administrative Hearings, shall adopt regulations to 17
implement this section. 18
10–119.3. 19
(b) (1) Except as provided in paragraphs (2) and (3) of this subsection, a 20
licensing authority shall: 21
(i) require each applicant for a license to disclose the Social Security 22
number of the applicant; and 23
(ii) record the applicant’s Social Security number on the application. 24
(2) The Department of Natural Resources shall: 25
(i) require an applicant for a recreational hunting or fishing license 26
to disclose only the last four digits of the Social Security number of the applicant instead of 27
the full Social Security number; and 28
(ii) record the applicant’s partial Social Security number on the 29
application. 30
(3) Each health occupations board and the State Emergency Services 31
Board shall: 32
(i) require each applicant for a license to: 33 12 HOUSE BILL 218
1. disclose the APPLICANT’S Social Security number [or], IF 1
THE APPLICANT HAS ON E; 2
2. IF THE APPLICANT DOE S NOT HAVE A SOCIAL 3
SECURITY NUMBER , DISCLOSE THE Individual Taxpayer Identification Number of the 4
applicant; or 5
[2.] 3. [provide alternative documentation as permitted by the 6
Department of Health and Human Services under Section 466(a)(13) of the Social Security 7
Act] IF THE APPLICANT DOE S NOT HAVE A SOCIAL SECURITY NUMBER OR AN 8
INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER, PROVIDE A SWORN STAT EMENT, 9
SIGNED UNDE R THE PENALTY OF PER JURY, THAT THE APPLICANT D OES NOT HAVE 10
A SOCIAL SECURITY NUMBER OR INDIVIDUAL TAXPAYER IDENTIFICATION 11
NUMBER, ALONG WITH THE LICEN SE APPLICATION ; and 12
(ii) [record] MAINTAIN the applicant’s Social Security number, 13
Individual Taxpayer Identification Number, or [alternative documentation] AFFIDAVIT 14
provided under item (i) of this paragraph in the application file. 15
10–119.4. 16
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 17
INDICATED. 18
(2) “AWARD RECIPIENT ” MEANS A PERSO N WHO RECEIVES OR IS TO 19
RECEIVE A PERSONAL I NJURY AWARD . 20
(3) “INTERCEPT DATE ” MEANS THE DATE THAT THE AWARD 21
RECIPIENT IS NOTIFIE D THAT MONEY IS BEIN G WITHHELD FOR SUPPO RT ARREARS 22
FROM A PERSONAL INJU RY AWARD. 23
(4) “MAXIMUM LIEN AMOUNT ” REFERS TO THE M AXIMUM AMOUNT OF 24
A NET RECOVERY WHICH IS SUBJECT TO EXECUT ION FOR SUPPORT ARRE ARS IN 25
ACCORDANCE WITH § 11–504(I)(2) OF THE COURTS ARTICLE. 26
(5) “NET RECOVERY” MEANS THE SUM OF MON EY TO BE DISTRIBUTED 27
TO AN AWARD RECIPIEN T AFTER DEDUCTION OF ATTORNEY’S FEES AND EXPENSES , 28
MEDICAL BILLS , AND THE SATISFACTION OF ANY LIENS OR SUBR OGATION CLAIMS 29
ARISING OUT OF THE S ICKNESS, ACCIDENT, INJURY, OR DEATH THAT RESULT ED IN 30
THE PERSONAL INJURY AWARD, INCLUDING THOSE ARIS ING UNDER: 31
(I) THE MEDICARE SECONDARY PAYER ACT, 42 U.S.C. § 32
1395Y; 33 HOUSE BILL 218 13
(II) A PROGRAM OF THE MARYLAND DEPARTMENT OF HEALTH 1
FOR WHICH A RIGHT OF SUBROGATION EXISTS U NDER §§ 15–120 AND 15–121.1 OF 2
THE HEALTH – GENERAL ARTICLE; 3
(III) AN EMPLOYEE BENEFIT PLAN SUBJECT TO THE FEDERAL 4
EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974; OR 5
(IV) A HEALTH INSURANCE C ONTRACT. 6
(6) “PAYING AGENT” MEANS THE PERSON OR ENTITY RESPONSIBLE 7
FOR DISTRIBUTION OF THE PERSONAL INJURY AWARD AND INCLUDES : 8
(I) THE AWARD RECIPIENT ’S ATTORNEY , IF AN ATTORNEY 9
REPRESENTED THE AWAR D RECIPIENT FOR THE SICKNESS, ACCIDENT, INJURY, OR 10
DEATH THAT RESULTED IN THE PERSONAL INJU RY AWARD; OR 11
(II) IF THE AWARD RECIPIE NT WAS NOT REPRESENT ED BY AN 12
ATTORNEY, THE EMPLOYER , PROPERTY AND CASUALT Y INSURER , OR 13
SELF–INSURER WH O IS TO PAY THE PERS ONAL INJURY AWARD TO THE AWARD 14
RECIPIENT. 15
(7) “PERSONAL INJURY AWARD ” MEANS A LUMP SUM PAY ABLE TO AN 16
AWARD RECIPIENT FOR SICKNESS, ACCIDENT, INJURY, OR DEATH OF ANY PERS ON, 17
INCLUDING COMPENSATI ON FOR LOSS OF FUTUR E EARNINGS, AND INCLUDES 18
MONEY PAID ON ACCOUN T OF ANY CLAIM , SUIT, JUDGMENT, ARBITRATION, 19
SETTLEMENT , COMPROMISE , INSURANCE, ANNUITY, BENEFIT, COMPENSATION , OR 20
RELIEF. 21
(B) THIS SECTION DOES NOT APPLY TO A PERSONAL INJURY AWARD DUE TO 22
AN AWARD RECIPIENT W HO IS UNDER THE AGE OF 12 YEARS. 23
(C) (1) CHILD SUPPORT ARREARS SHALL BE A LIEN BY O PERATION OF 24
LAW AGAINST THE NET RECOVERY OF A PERSON AL INJURY AWARD UP T O THE 25
MAXIMUM LIEN AMOUNT . 26
(2) THE LIEN IS PERFECTED ON: 27
(I) THE ADMINISTRATION ’S ENTRY OF THE LIEN INFORMATION 28
INTO AN AUTOMATED NE TWORK OR DATA MATCH PROCESS COMMONLY USE D IN THE 29
INSURANCE INDUSTRY ; OR 30
(II) WRITTEN NOTICE TO TH E PAYING AGENT . 31 14 HOUSE BILL 218
(D) (1) IF THE AWARD RECIPIEN T OWES CHILD SUPPORT ARREARS, ON 1
NOTICE BY THE ADMINISTRATION , THE PAYING AGENT SHA LL: 2
(I) WITHHOLD THE LESSER OF THE AMOUNT OF THE ARREARS 3
OR THE MAXIMUM LIEN AMOUNT AND PROMPTLY FORWARD THE WITHHELD AMOUNT 4
TO THE ADMINISTRATION TO BE APPLIED TO THE AWARD RECIPIENT’S SUPPORT 5
ARREARAGE ; 6
(II) PROMPTLY PAY ANY REM AINING PORTION OF TH E NET 7
RECOVERY NOT SUBJECT TO OTHER LIENS TO TH E AWARD RECIPIENT ; AND 8
(III) SEND A NOTICE TO THE ADMINISTRATION AND TH E AWARD 9
RECIPIENT OF: 10
1. THE AMOUNT PAID TO T HE ADMINISTRATION ; AND 11
2. THE AWARD RECIPIENT ’S RIGHT TO CHALLENGE THE 12
WITHHOLDING UNDER TH IS SECTION. 13
(2) THE AWARD RECIPIENT ’S EXERCISE OF THE RI GHT TO 14
CHALLENGE THE WITHHO LDING DOES NOT RELIE VE THE PAYING AGENT OF THE 15
DUTY TO FORWARD PAYM ENT TO THE ADMINISTRATION . 16
(3) THE PAYING AGENT MAY NOT CHARGE THE ADMINISTRATIO N A 17
FEE FOR ITS ACTIONS UNDER THIS SECTION . 18
(4) NOTHING IN THIS SECTI ON SHALL PROVIDE A B ASIS FOR A PAYING 19
AGENT TO DELAY THE P AYMENT OF THE REMAIN ING PORTION OF THE N ET 20
RECOVERY TO THE AWAR D RECIPIENT. 21
(E) (1) (I) UPON RECEIPT OF THE F UNDS FROM THE P AYING AGENT, 22
THE ADMINISTRATION SHALL APPLY THE FUNDS TO T HE OBLIGOR’S ARREARS. 23
(II) IF THE OBLIGOR HAS MO RE THAN ONE CHILD SU PPORT 24
CASE WITH ARREARS , THE ADMINISTRATION SHALL ALLOCATE THE AMOUNT 25
RECEIVED AMONG ONE O R MORE OF THE OBLIGO R’S CASES AS DE TERMINED 26
APPROPRIATE BY THE ADMINISTRATION . 27
(2) IF THE ADMINISTRATION DETERM INES THAT THE AMOUNT IT 28
RECEIVED EXCEEDS THE AMOUNT OF THE AWARD RECIPIENT’S ARREARS, THE 29
ADMINISTRATION SHALL PAY THE EXCESS AMOUN T TO THE OBLIGOR . 30
HOUSE BILL 218 15
(F) (1) AN AWARD RECIPIENT MAY ASK THE ADMINISTRATION TO 1
INVESTIGATE THE WITH HOLDING BY FILING A WRITTEN REQUEST FOR 2
INVESTIGATION WITH T HE ADMINISTRATION SETTIN G FORTH THE REASONS FOR 3
THE CHALLENGE . 4
(2) THE REQUEST MAY BE BA SED SOLELY ON THE FO LLOWING: 5
(I) THERE IS NO ARREA RAGE; 6
(II) THE AMOUNT OF THE AR REARAGE IS INCORRECT ; OR 7
(III) THE AWARD RECIPIENT IS NOT THE INDIVIDUA L WHO OWES 8
THE ARREARS . 9
(3) (I) THE REQUEST FOR INVES TIGATION MUST BE REC EIVED BY 10
THE ADMINISTRATION WITHIN 30 DAYS AFTER THE INTER CEPT DATE. 11
(II) IF A TIMELY REQUEST F OR INVESTIGATION IS NOT 12
RECEIVED BY THE ADMINISTRATION , THE ADMINISTRATION MAY RE TAIN THE 13
INTERCEPTED FUNDS FO R APPLICATION TO THE AWARD RECIPIENT ’S ARREARS. 14
(4) AN AWARD RECIPIENT MA Y WITHDRAW A REQUEST FOR 15
INVESTIGATION B Y SUBMITTING A NOTIC E OF THE WITHDRAWAL TO THE 16
ADMINISTRATION . 17
(G) (1) ON RECEIPT OF A REQUE ST FOR INVESTIGATION FROM THE 18
AWARD RECIPIENT , THE ADMINISTRATION SHALL CONDUCT AN INVESTIGA TION. 19
(2) (I) IF, AFTER THE INVESTIGAT ION, THE ADMINISTRATION 20
FINDS THAT THERE IS NO ARR EARAGE, OR THAT THE AWARD RE CIPIENT IS NOT THE 21
INDIVIDUAL WHO OWES THE ARREARS , THE ADMINISTRATION SHALL REFUND THE 22
FULL AMOUNT OF THE F UNDS RECEIVED FROM T HE PAYING AGENT TO T HE AWARD 23
RECIPIENT. 24
(II) IF, AFTER THE INVESTIGAT ION, THE ADMINISTRATION 25
FINDS THAT THERE IS AN ARREARAGE , BUT IT IS LESS THAN THE AMOUNT RECEIVED 26
FROM THE PAYING AGEN T, THE ADMINISTRATION SHALL CORRECT ITS RECORDS 27
AND RELEASE THE EXCE SS AMOUNT TO THE AWA RD RECIPIENT. 28
(III) IF, AFTER THE INVESTIGAT ION, THE ADMINISTRATION 29
FINDS THAT THE AWARD RECIPIENT OWES ARREA RS IN AN AMOUNT EQUA L TO OR 30
GREATER THAN THE AMO UNT RECEIVED FROM TH E PAYING AGENT , THE 31 16 HOUSE BILL 218
ADMINISTRATION SHALL RETAIN THE INTERCEPT ED FUNDS FOR APPLICA TION TO 1
THE AWARD RECIPIENT ’S ARREARS. 2
(3) (I) ON COMPLETION OF THE INVESTIGATION , THE 3
ADMINISTRATION SHALL SEND THE AWARD RECIP IENT A NOTICE BY FIR ST–CLASS 4
MAIL OF THE OUTCOME OF THE INVESTIGATION . 5
(II) THE NOTICE SHALL INFO RM THE AWARD RECIPIE NT OF THE 6
RIGHT TO APPEAL THE ADMINISTRATION ’S DECISION TO THE OFFICE OF 7
ADMINISTRATIVE HEARINGS WITHIN 30 DAYS AFTER THE DATE OF THE NOTICE. 8
(H) (1) IF AN AWARD RECIPIENT WHO TIMELY REQUESTED AN 9
INVESTIGATION DISAGR EES WITH THE RESULTS OF THE INVESTIGATION , THE 10
AWARD RECIPIENT MAY APPEAL TO THE OFFICE OF ADMINISTRATIVE HEARINGS. 11
(2) AN APPEAL TO THE OFFICE OF ADMINISTRATIVE HEARINGS MAY 12
BE BASED SOLELY ON T HE FOLLOWING : 13
(I) THERE IS NO ARREARAG E; 14
(II) THE AMOUNT OF THE AR REARAGE IS INCORRECT ; OR 15
(III) THE AWARD RECIPIENT IS NOT THE INDIVIDUA L WHO OWES 16
THE ARREARS . 17
(3) AN APPEAL TO THE OFFICE OF ADMINISTRATIVE HEARINGS 18
AUTHORIZED UNDER THI S SECTION SHALL BE C ONDUCTED IN ACCORDAN CE WITH 19
TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE. 20
(4) AN AWARD RECIPIENT MA Y WITHDRAW AN APPEAL REQUEST BY 21
SUBMITTING A NOTICE OF THE WITHDRAWAL TO THE OFFICE OF ADMINISTRATIVE 22
HEARINGS BEFORE THE H EARING DATE. 23
(5) (I) AFTER THE COMPLETION OF AN APPEAL, IF THE OFFICE OF 24
ADMINISTRATIVE HEARINGS FINDS THAT T HERE IS NO ARREARAGE , OR THAT THE 25
AWARD RE CIPIENT IS NOT THE I NDIVIDUAL WHO OWES T HE ARREARS , THE 26
ADMINISTRATION SHALL REFUND THE FULL AMOU NT OF THE FUNDS RECE IVED 27
FROM THE PAYING AGEN T TO THE AWARD RECIP IENT. 28
(II) AFTER THE COMPLETION OF AN APPEAL, IF THE OFFICE OF 29
ADMINISTRATIVE HEARINGS FINDS THAT THERE IS AN ARREARAGE BUT IT IS LESS 30
THAN THE AMOUNT RECE IVED FROM THE PAYING AGENT, THE ADMINISTRATION 31 HOUSE BILL 218 17
SHALL CORRECT ITS RE CORDS AND RELEASE TH E EXCESS AMOUNT TO T HE AWARD 1
RECIPIENT. 2
(III) AFTER THE COMPLETION OF AN APPEAL, IF THE OFFICE OF 3
ADMINISTRATIVE HEARINGS FINDS THAT T HE AWARD RECIPIENT O WES ARREARS IN 4
AN AMOUNT EQUAL TO O R GREATER THAN THE A MOUNT RECEIVED FROM THE 5
PAYING AGENT , THE ADMINISTRATION SHALL RETAIN THE INTERCEPT ED FUNDS 6
FOR APPLICATION TO T HE AWARD RECIPIENT ’S ARREARS. 7
(6) IF THE AWARD RECIPIEN T DOES NOT FILE A TI MELY APPEAL TO 8
THE OFFICE OF ADMINISTRATIVE HEARINGS, THE ADMINISTRATION MAY RE TAIN 9
THE FULL PAYMENT FRO M THE PAYING AGENT F OR APPLICATION TO TH E AWARD 10
RECIPIENT’S ARREARS. 11
(I) (1) THE ADMINISTRATION MAY UT ILIZE THE PROCEDURES 12
ESTABLISHED IN THIS SECTION EXCLUSIVELY TO COLLECT DELINQUEN T CHILD 13
SUPPORT. 14
(2) THIS SECTION MAY NOT BE CONSTRUED TO LIMI T OR PROHIBIT 15
THE ADMINISTRATION FROM C OLLECTING DELINQUENT CHILD SUPPORT IN ANY 16
OTHER MANNER AUTHORI ZED BY LAW. 17
(J) (1) A PAYING AGENT WHO , IN GOOD FAITH, MAKES A DISTRIBUTION 18
IN ACCORDANCE WITH T HIS SECTION SHALL BE IMMUNE FROM ANY CIVI L, 19
CRIMINAL, OR ADMINISTRATIVE PE NALTIES FOR MAKING A N ERRONEOUS 20
DISTRIBUTION TO THE ADMINISTRATION . 21
(2) NOTHING IN THIS SECT ION SHALL GIVE RISE TO A CLAIM OR 22
CAUSE OF ACTION AGAI NST A PAYING AGENT B Y ANY PERSON WHO CLA IMS TO BE 23
THE INTENDED OBLIGEE OF THE OUTSTANDING L IEN FOR SUPPORT . 24
(K) THE SECRETARY OF HUMAN SERVICES MAY ADOPT RE GULATIONS TO 25
CARRY OUT THIS SECTI ON. 26
10–122. 27
(a) The amount of the earnings withholding shall: 28
(1) be enough to pay the CURRENT AND ONGOING support and any 29
arrearage included in the payments required by the support order; and 30
(2) include any arrearage accrued since the support order. 31
18 HOUSE BILL 218
(b) (1) (i) When arrearages under subsection (a)(2) of this section are part 1
of an earnings withholding order or earnings withholding notice, the total arrearage 2
withheld shall be in one lump–sum payment or apportioned over a period of time. 3
(ii) The amount of the arrearage withheld under subparagraph (i) of 4
this paragraph shall be determined by the tribunal or, in a case in which the 5
Administration is providing support services, by the Administration. 6
(2) The amount of arrears under subsection (a)(2) of this section 7
apportioned to each payment shall be at least $1 but not more than 25% of the current 8
support payment. 9
(3) IF ARREARS REMAIN DUE AND OWING AFTER ALL CHILDREN WHO 10
ARE THE SUBJECT OF A SUPPORT ORDER HAVE B ECOME EMANCIPATED , EARNINGS 11
WITHHOLD ING SHALL CONTINUE A T THE RATE ESTABLISH ED BEFORE THE 12
EMANCIPATION , WITH THE FULL AMOUNT WITHHELD TO BE APPLI ED TO THE 13
EXISTING ARREARAGE U NTIL THE ARREARS ARE PAID IN FULL OR UNTI L A COURT 14
MODIFIES THE REPAYME NT AMOUNT. 15
(c) If there is more than one earnings withholding order or earnings withholding 16
notice against a single obligor, the Administration shall allocate amounts available for 17
withholding, giving priority to current support, up to the limits imposed by the federal 18
Consumer Credit Protection Act. 19
10–139. 20
(A) IN THIS SECTION, “DATE OF EMPLOYMENT ” MEANS THE DATE ON WH ICH 21
AN INDEPENDENT CONTR ACTOR COMMENCES PROV IDING SERVICES FOR A N 22
EMPLOYER. 23
(B) SUBJECT TO THE PROVIS IONS OF SUBSECTION (C) OF THIS SECTION , 24
WITHIN 20 DAYS AFTER AN INDEPE NDENT CONTRACTOR BEGINS EMPL OYMENT, THE 25
INDEPENDENT CONTRACT OR’S EMPLOYER SHALL SUB MIT TO THE 26
ADMINISTRATION : 27
(1) THE SOCIAL SECURITY NUMBER OF TH E INDEPENDENT 28
CONTRACTOR , OR IF THE INDEPENDEN T CONTRACTOR DOES NO T HAVE A SOCIAL 29
SECURITY NUMBER , THE INDIVIDUAL TAX IDENTIFICATION NUMBER OF THE 30
INDEPENDENT CONTRACT OR; 31
(2) THE NAME OF THE INDE PENDENT CONTRACTOR ; 32
(3) THE ADDRESS OF THE I NDEPENDENT CONTRACTO R; 33
(4) THE DATE OF EMPLOYME NT; 34 HOUSE BILL 218 19
(5) THE EMPLOYER ’S NAME AND ADDRESS ; 1
(6) THE INDEPENDENT CONTRACTOR ’S RATE OF COMPENSATI ON OR 2
EARNINGS; 3
(7) A STATEMENT INDICATI NG WHETHER THE INDEP ENDENT 4
CONTRACTOR HAS HEALT H INSURANCE PROVIDED BY THE EMPLOYER ; AND 5
(8) THE FEDERAL EMPLOYER IDENTIFICATION NUMBE R OF THE 6
EMPLOYER. 7
(C) (1) THE EMPLOYER SHA LL REPORT INFORMATIO N REQUIRED UNDER 8
SUBSECTION (B) OF THIS SECTION: 9
(I) BY MAIL; 10
(II) MAGNETICALLY OR ELEC TRONICALLY; OR 11
(III) BY OTHER MEANS AS DE TERMINED BY THE 12
ADMINISTRATION . 13
(2) IF AN EMPLOYER CHOOSE S TO TRANSMIT DATA M AGNETICALLY 14
OR ELECTRONICALLY AT A R ATE OF TWICE PER MON TH, THE REPORTS SHALL BE 15
SUBMITTED NOT LESS T HAN 12 DAYS OR MORE THAN 16 DAYS APART. 16
(D) (1) AN EMPLOYER THAT FAIL S TO REPORT AS REQUI RED SHALL BE: 17
(I) GIVEN A WRITTEN WARN ING FOR THE FIRST VI OLATION; 18
AND 19
(II) SUBJECT TO A CIVIL P ENALTY OF $20 FOR EACH MONTH IN 20
WHICH A SUBSEQUENT V IOLATION OCCURS , OR $500 IF THE FAILURE IS TH E RESULT 21
OF A CONSPIRACY BETW EEN THE EMPLOYER AND THE INDEPENDENT CONT RACTOR 22
TO NOT SUPPLY THE RE QUIRED REPORT OR TO SUPPLY A FALSE OR INCOMPLETE 23
REPORT, UNLESS THE ADMINISTRATION WAIVES THE PENALTY FOR CAUS E. 24
(2) ALL VIOLATIONS BY THE SAME EMPLOYING UNIT OCCURRING IN A 25
SINGLE MONTH SHALL B E CONSIDERED A SINGL E VIOLATION. 26
(E) (1) AN ASSESSMENT UNDER T HIS SECTION IS FINAL UNLESS, WITHIN 27
15 DAYS AFTER THE MAILI NG OF THE ASSESSMENT , THE EMPLOYER APPLIES TO THE 28
ADMINISTRATION FOR A HEARING. 29 20 HOUSE BILL 218
(2) THE ADMINISTRATION MAY FO RWARD THE APPLICATIO N TO THE 1
OFFICE OF ADMINISTRATIVE HEARINGS FOR ADJUDICA TION. 2
(F) AN EMPLOYER THAT IN G OOD FAITH REPORTS INFORMATION TO THE 3
ADMINISTRATION IN ACC ORDANCE WITH THIS SE CTION IS NOT LIABLE FOR THE 4
DISCLOSURE UNDER STATE LAW. 5
(G) THE SECRETARY OF HUMAN SERVICES MAY ADOPT RU LES AND 6
REGULATIONS TO IMPLE MENT THIS SECTION . 7
12–104. 8
(a) [The] EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, THE 9
court may modify a child support award subsequent to the filing of a [motion] PETITION 10
for modification and upon a showing of a material change of circumstance. 11
(b) The court may not retroactively modify a child support award prior to the date 12
of the filing of the [motion] PETITION for modification. 13
(c) If a party becomes incarcerated, the court may determine that a material 14
change of circumstance warranting a modification of child support has occurred, provided 15
that the party’s ability to pay child support is sufficiently reduced due to incarceration. 16
(D) THE COURT MAY MODIFY THE AMOUNT TO BE PAI D TOWARD AN 17
ARREARAGE AT ANY TIM E WITHOUT A SHOWING OF A MATERIAL CHANGE OF 18
CIRCUMSTANCE . 19
12–104.2. 20
THE COURT SHALL TERMI NATE A CHILD SUPPORT ORDER THAT WAS 21
PREVIOUSLY ESTABLISH ED OR ASSIGNED FOR A CHILD RECEIVING A FO STER CARE 22
MAINTENANCE PAYMENT , WITHOUT A SHOWING OF A MATERIAL CHANGE OF 23
CIRCUMSTANCE , ON THE FILING FOR A TERMINATION BY THE CHILD SUPPORT 24
ADMINISTRATION , LOCAL OFFICE OF CHIL D SUPPORT, OR LOCAL DEPARTMENT , 25
AFTER THE SOCIAL SERVICES ADMINISTRATION , OR ITS DESIGNEE , DETERMINES 26
THAT THE ORDER IS NO LONGER APPROPRIATE . 27
12–201. 28
(c) (1) “Adjusted actual income” means actual income minus: 29
[(1)] (I) preexisting reasonable child support obligations actually paid; 30
[and 31 HOUSE BILL 218 21
(2)] (II) except as provided in § 12–204(a)(2) of this subtitle, alimony or 1
maintenance obligations actually paid; AND 2
(III) SUBJECT TO PARAGRAPH S (2) AND (3) OF THIS 3
SUBSECTION, A DEDUCTION FOR SUPP ORT FOR EACH CHILD L IVING IN THE 4
PARENT’S HOME, TO WHOM THE PARENT O WES A LEGAL DUTY OF SUPPORT, 5
PROVIDED: 6
1. THE CHILD SPENDS AT LEAST 92 OVERNIGHTS PER 7
YEAR IN THE PARENT ’S HOME; AND 8
2. THE PARENT IS NOT OT HERWISE OBLIGATED TO PAY 9
CHILD SUPPORT FOR TH E CHILD IN ACCORDANC E WITH A COURT ORDER . 10
(2) FOR PURPOSES OF DETER MINING THE AMOUNT OF THE 11
DEDUCTION UNDER PARA GRAPH (1)(III) OF THIS SUBSECTION : 12
(I) THE BASIC CHILD SUPP ORT OBLIGATION FOR E ACH 13
ADDITIONAL ELIG IBLE CHILD IN THE PA RENT’S HOME SHALL BE DETE RMINED IN 14
ACCORDANCE WITH § 12–204 OF THIS SUBTITLE , USING ONLY THE ACTUA L INCOME 15
OF THE PARENT ENTITL ED TO THE DEDUCTION ; AND 16
(II) THE AMOUNT DETERMINE D UNDER ITEM (I) OF THIS 17
PARAGRAPH SHALL BE M ULTIPLIED BY 0.75. 18
(3) THE COURT SHALL DECLI NE TO AWARD A DEDUCT ION UNDER 19
PARAGRAPH (1)(III) OF THIS SUBSECTION I F THE COURT FINDS , AFTER 20
CONSIDERING THE EVID ENCE AND THE BEST IN TEREST OF THE CHILD FOR WHOM 21
SUPPORT IS BEING DET ERMINED, THAT THE APPLICATION OF THE DEDUCTION 22
WOULD BE UNJUST OR I NAPPROPRIATE . 23
(n) “Self–support reserve” means the adjustment to a basic child support 24
obligation ensuring that a child support obligor maintains a minimum amount of monthly 25
income, after payment of child support, federal and state income taxes, and Federal 26
Insurance Contribution Act taxes, of at least 110% of the 2019 federal poverty [level] 27
GUIDELINES for an individual ($1,145). 28
12–202. 29
(a) (1) Subject to the provisions of paragraph (2) of this subsection and 30
subsection (b) of this section, in any proceeding to establish or modify child support, 31
whether pendente lite or permanent, the court shall use the child support guidelines set 32
forth in this subtitle. 33 22 HOUSE BILL 218
(2) (i) There is a rebuttable presumption that the amount of child 1
support which would result from the application of the child support guidelines set forth in 2
this subtitle is the correct amount of child support to be awarded. 3
(ii) The presumption may be rebutted by evidence that the 4
application of the guidelines would be unjust or inappropriate in a particular case. 5
(iii) In determining whether the application of the guidelines would 6
be unjust or inappropriate in a particular case, the court may consider: 7
1. the terms of any existing separation or property 8
settlement agreement or court order, including: 9
A. any provisions for payment of mortgages [or], marital 10
debts, [payment of] OR college education expenses[,]; 11
B. the terms of any use and possession order or right to 12
occupy the family home under an agreement[,]; 13
C. any direct payments made for the benefit of the children 14
required by THE agreement or order[,]; or 15
D. any other financial considerations set out in an existing 16
separation or property settlement agreement or court order; AND 17
2. [the presence in the household of either parent of other 18
children to whom that parent owes a duty of support and the expenses for whom that parent 19
is directly contributing; and 20
3.] whether an obligor’s monthly child support obligation 21
would leave the obligor with a monthly actual income below 110% of the 2019 federal 22
poverty [level] GUIDELINES for an individual (LESS THAN $1,145). 23
(iv) [The presumption may not be rebutted solely on the basis of 24
evidence of the presence in the household of either parent of other children to whom that 25
parent owes a duty of support and the expenses for whom that parent is directly 26
contributing. 27
(v)] 1. If the court determines that the application of the 28
guidelines would be unjust or inappropriate in a particular case, the court shall make a 29
written finding or specific finding on the record stating the reasons for departing from the 30
guidelines. 31
2. The court’s finding shall state: 32
HOUSE BILL 218 23
A. the amount of child support that would have been required 1
under the guidelines; 2
B. how the order varies from the guidelines; 3
C. how the finding serves the best interests of the child WHO 4
IS THE SUBJECT OF THE OR DER; and 5
D. in cases in which items of value are conveyed instead of a 6
portion of the support presumed under the guidelines, the estimated value of the items 7
conveyed. 8
12–204. 9
(a) (1) The basic child support obligation shall be determined in accordance 10
with the schedule of basic child support obligations in subsection (e) of this section. The 11
basic child support obligation shall be divided between the parents in proportion to their 12
adjusted actual incomes. 13
(2) (i) If one or both parents have made a request for alimony or 14
maintenance in the proceeding in which a child support award is sought, the court shall 15
decide the issue and amount of alimony or maintenance before determining the child 16
support obligation under these guidelines. 17
(ii) If the court awards alimony or maintenance, the amount of 18
alimony or maintenance awarded shall be considered actual income for the recipient of the 19
alimony or maintenance and shall be subtracted from the income of the payor of the alimony 20
or maintenance under [§ 12–201(c)(2)] § 12–201(C)(1)(II) of this subtitle before the court 21
determines the amount of a child support award. 22
(3) THE AMOUNT OF THE DED UCTION FOR THE SUPPO RT OF 23
ADDITIONAL CHILDREN LIVING IN A PARENT ’S HOME UNDER § 24
12–201(C)(1)(III) OF THIS SUBTITLE SHA LL BE SUBTRACTED FRO M THE PARENT ’S 25
ACTUAL INCOME BEFORE THE COURT DETERMINES THE AMOUNT OF A CHIL D 26
SUPPORT AWARD . 27
Article – Transportation 28
16–203. 29
(a) In this section, “Child Support Administration” means the Child Support 30
Administration of the Department of Human Services. 31
(b) On notification by the Child Support Administration in accordance with § 32
10–119 of the Family Law Article that an obligor WITH A NONCOMMERCIAL DRIVER’S 33
LICENSE is 60 days or more out of compliance with the most recent CHILD SUPPORT order 34 24 HOUSE BILL 218
[of the court in making child support payments], OR AN OBLIGOR WITH A COMMERCIAL 1
DRIVER’S LICENSE IS 120 DAYS OR MORE OUT OF COMPLIANCE WITH THE MOST 2
RECENT CHILD SUPPORT ORDER, the Administration: 3
(1) Shall suspend an obligor’s license or privilege to drive in the State; and 4
(2) May issue a work–restricted license or work–restricted privilege to 5
drive. 6
(c) (1) Prior to the suspension of a license or the privilege to drive in the State 7
and the issuance of a work–restricted license or work–restricted privilege to drive under 8
subsection (b) of this section, the Administration shall send written notice of the proposed 9
action to the obligor, including notice of the obligor’s right to contest the accuracy of the 10
information. 11
(2) Any contest under this subsection shall be limited to whether the 12
Administration has mistaken the identity of the obligor or the individual whose license or 13
privilege to drive has been suspended. 14
(d) (1) An obligor may appeal a decision of the Administration to suspend the 15
obligor’s license or privilege to drive. 16
(2) At a hearing under this subsection, the issue shall be limited to whether 17
the Administration has mistaken the identity of the obligor or the individual whose license 18
or privilege to drive has been suspended. 19
(e) The Administration shall reinstate an obligor’s license or privilege to drive in 20
the State if: 21
(1) The Administration receives a court order to reinstate the license or 22
privilege to drive; or 23
(2) The Child Support Administration notifies the Administration that: 24
(i) The individual whose license or privilege to drive was suspended 25
is not [in arrears in making child support payments] 60 DAYS OUT OF COMPLIAN CE WITH 26
THE MOST RECENT CHIL D SUPPORT ORDER IF T HE INDIVIDUAL HAS A 27
NONCOMMERCIAL DRIVER ’S LICENSE, OR 120 DAYS OUT OF COMPLIAN CE WITH THE 28
MOST RECENT CHILD SU PPORT ORDER IF THE I NDIVIDUAL HAS A COMM ERCIAL 29
DRIVER’S LICENSE; 30
(ii) The obligor has paid the support arrearage in full; 31
(iii) The obligor has demonstrated good faith by paying the ordered 32
amount of support for 6 consecutive months; 33
HOUSE BILL 218 25
(iv) The obligor is a participant in full compliance in an employment 1
program approved by the Child Support Administration; or 2
(v) One of the grounds under § 10–119(c)(1)(i) of the Family Law 3
Article exists. 4
(f) The Secretary of Transportation, in cooperation with the Secretary of Human 5
Services and the Office of Administrative Hearings, shall adopt regulations to implement 6
this section. 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
October 1, 2026. 9