EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0681*
HOUSE BILL 681
D4, R4 5lr0869
SB 139/24 – JPR CF SB 15
By: Delegates Toles, Acevero, Addison, Amprey, Conaway, Crutchfield, Holmes,
Martinez, Pasteur, Pena–Melnyk, Roberson, Ruff, Williams, and Woods
Introduced and read first time: January 24, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Child Support – Driver’s License Suspension for Arrearages and Court Orders 2
FOR the purpose of altering the circumstances under which the Child Support 3
Administration may notify the Motor Vehicle Administration of an individual’s child 4
support arrearages for the purpose of suspending the individual’s driver’s license or 5
privilege to drive; requiring the court, after establishing a child support order, to 6
send a copy of the guideline calculation and the order to the Child Support 7
Administration; and generally relating to the suspension of a driver’s license or 8
privilege to drive for child support arrearages. 9
BY repealing and reenacting, with amendments, 10
Article – Family Law 11
Section 10–119 and 12–202 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(b) 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 – Family Law 22
10–119. 23
(a) (1) In this section the following words have the meanings indicated. 24 2 HOUSE BILL 681
(2) “License” has the meaning stated in § 11–128 of the Transportation 1
Article. 2
(3) “Motor Vehicle Administration” 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. suspension of the obligor’s license or privilege to drive 27
would be an impediment to the obligor’s current or potential employment; or 28
3. suspension of the obligor’s license or privilege to drive 29
would place an undue hardship on the obligor because of the obligor’s: 30
A. documented disability resulting in a verified inability to 31
work; or 32
HOUSE BILL 681 3
B. inability to comply with the court order; and 1
(ii) give the obligor a reasonable opportunity to request an 2
investigation of the proposed action of the Administration. 3
(2) (i) Upon receipt of a request for investigation from the obligor, the 4
Administration shall conduct an investigation to determine if any of the grounds under 5
paragraph (1)(i) of this subsection exist. 6
(ii) The Administration shall: 7
1. send a copy of the obligor’s request for an investigation to 8
the obligee by first–class mail; 9
2. give the obligee a reasonable opportunity to respond; and 10
3. consider the obligee’s response. 11
(iii) Upon completion of the investigation, the Administration shall 12
notify the obligor of the results of the investigation and the obligor’s right to appeal to the 13
Office of Administrative Hearings. 14
(3) (i) An appeal under this section shall be conducted in accordance 15
with Title 10, Subtitle 2 of the State Government Article. 16
(ii) An appeal shall be made in writing and shall be received by the 17
Office of Administrative Hearings within 20 days after the notice to the obligor of the 18
results of the investigation. 19
(4) If, after the investigation or appeal to the Office of Administrative 20
Hearings, the Administration finds that one of the grounds under paragraph (1)(i) of this 21
subsection exists, the Administration may not send any information about the obligor to 22
the Motor Vehicle Administration. 23
(5) The Administration may not send any information about an obligor to 24
the Motor Vehicle Administration if: 25
(i) the Administration reaches an agreement with the obligor 26
regarding a scheduled payment of the obligor’s child support arrearage or a court issues an 27
order for a scheduled payment of the child support arrearage; and 28
(ii) the obligor is complying with the agreement or court order. 29
(d) (1) If, after information about an obligor is supplied to the Motor Vehicle 30
Administration, the obligor’s arrearage is paid in full, the obligor has demonstrated good 31
faith by paying the ordered amount of support for 6 consecutive months, the obligor is a 32
participant in full compliance in an employment program approved by the Administration, 33 4 HOUSE BILL 681
or the Administration finds that one of the grounds under subsection (c)(1)(i) of this section 1
exists, the Administration shall notify the Motor Vehicle Administration to reinstate the 2
obligor’s license or privilege to drive. 3
(2) The Administration may request that the Motor Vehicle 4
Administration expunge a record of a suspension of a license or privilege to drive for failure 5
to pay child support: 6
(i) for an obligor who is enrolled in and compliant with an 7
employment program approved by the Administration; or 8
(ii) if the information reported by the Administration that led to the 9
suspension was inaccurate. 10
(e) The Secretary of Human Services, in cooperation with the Secretary of 11
Transportation and the Office of Administrative Hearings, shall adopt regulations to 12
implement this section. 13
(F) (1) THIS SECTION DOES NOT APPLY TO AN OBLIGOR WHOSE 14
INDIVIDUAL INCOME FO R THE CURRENT YEAR I S NOT GREATER THAN 250% OF THE 15
FEDERAL POVERTY GUI DELINES UNLESS THE O BLIGOR WAS JUDICIALL Y 16
DETERMINED AT THE TI ME THE MOST RECENT C HILD SUPPORT ORDER W AS 17
ENTERED TO BE VOLUNT ARILY IMPOVERISHED U NDER § 12–204 OF THIS ARTICLE. 18
(2) TO DETERMINE THE INCO ME OF AN OBLIGOR UND ER THIS 19
SUBSECTION, THE ADMINISTRATION MAY CO NSIDER: 20
(I) THE INCOME OF THE OB LIGOR AT THE TIME TH E MOST 21
RECENT CHILD SUPPORT ORDER WAS ENTERED ; OR 22
(II) INFORMATION ON THE O BLIGOR’S INCOME PROVIDED BY 23
THE OBLIGOR OR AN EM PLOYER OF THE OBLIGO R. 24
12–202. 25
(a) (1) Subject to the provisions of paragraph (2) of this subsection and 26
subsection [(b)] (C) of this section, in any proceeding to establish or modify child support, 27
whether pendente lite or permanent, the court shall use the child support guidelines set 28
forth in this subtitle. 29
(2) (i) There is a rebuttable presumption that the amount of child 30
support which would result from the application of the child support guidelines set forth in 31
this subtitle is the correct amount of child support to be awarded. 32
(ii) The presumption may be rebutted by evidence that the 33
application of the guidelines would be unjust or inappropriate in a particular case. 34 HOUSE BILL 681 5
(iii) In determining whether the application of the guidelines would 1
be unjust or inappropriate in a particular case, the court may consider: 2
1. the terms of any existing separation or property 3
settlement agreement or court order, including any provisions for payment of mortgages or 4
marital debts, payment of college education expenses, the terms of any use and possession 5
order or right to occupy the family home under an agreement, any direct payments made 6
for the benefit of the children required by agreement or order, or any other financial 7
considerations set out in an existing separation or property settlement agreement or court 8
order; 9
2. the presence in the household of either parent of other 10
children to whom that parent owes a duty of support and the expenses for whom that parent 11
is directly contributing; and 12
3. whether an obligor’s monthly child support obligation 13
would leave the obligor with a monthly actual income below 110% of the 2019 federal 14
poverty level for an individual. 15
(iv) The presumption may not be rebutted solely on the basis of 16
evidence of the presence in the household of either parent of other children to whom that 17
parent owes a duty of support and the expenses for whom that parent is directly 18
contributing. 19
(v) 1. If the court determines that the application of the 20
guidelines would be unjust or inappropriate in a particular case, the court shall make a 21
written finding or specific finding on the record stating the reasons for departing from the 22
guidelines. 23
2. The court’s finding shall state: 24
A. the amount of child support that would have been required 25
under the guidelines; 26
B. how the order varies from the guidelines; 27
C. how the finding serves the best interests of the child; and 28
D. in cases in which items of value are conveyed instead of a 29
portion of the support presumed under the guidelines, the estimated value of the items 30
conveyed. 31
(B) AFTER ESTABLISHING A CHILD SUPPORT ORDER , THE COURT SHALL 32
SEND A COPY OF THE G UIDELINE CALCULATION AND THE ORDER TO THE CHILD 33
SUPPORT ADMINISTRATION . 34
6 HOUSE BILL 681
[(b)] (C) (1) The court may decline to establish a child support order if the 1
parent who would have the obligation to pay child support: 2
(i) lives with the child who would be the subject of the child support 3
order and is contributing to the support of the child; or 4
(ii) 1. is unemployed; 5
2. has no financial resources from which to pay child support; 6
and 7
3. A. is incarcerated and is expected to remain 8
incarcerated for the remainder of the time that the parent would have a legal duty to 9
support the child; 10
B. is institutionalized in a psychiatric care facility and is 11
expected to remain institutionalized for the remainder of the time that the parent would 12
have a legal duty to support the child; 13
C. is totally and permanently disabled, is unable to obtain or 14
maintain employment, and has no income other than Supplemental Security Income or 15
Social Security disability insurance benefits; or 16
D. is unable to obtain or maintain employment in the 17
foreseeable future due to compliance with criminal detainment, hospitalization, or a 18
rehabilitation treatment plan. 19
(2) The fact that a parent meets or ceases to meet the criteria described in 20
paragraph (1) of this subsection shall constitute a material change of circumstance for the 21
purpose of a modification of a child support award. 22
[(c)] (D) The adoption or revision of the guidelines set forth in this subtitle is not 23
a material change of circumstance for the purpose of a modification of a child support 24
award. 25
[(d)] (E) On or before January 1, 1993, and at least every 4 years after that date, 26
the Child Support Administration of the Department of Human Services shall: 27
(1) review the guidelines set forth in this subtitle to ensure that the 28
application of the guidelines results in the determination of appropriate child support 29
award amounts; and 30
(2) report its findings and recommendations to the General Assembly, 31
subject to § 2–1257 of the State Government Article. 32
Article – Transportation 33
HOUSE BILL 681 7
16–203. 1
(b) On notification by the Child Support Administration in accordance with § 2
10–119 of the Family Law Article that an obligor is [60] 120 days or more out of compliance 3
with the most recent order of the court in making child support payments, the 4
Administration: 5
(1) Shall suspend an obligor’s license or privilege to drive in the State; and 6
(2) May issue a work–restricted license or work–restricted privilege to 7
drive. 8
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
October 1, 2025. 10