Old | New | Differences | |
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1 | 1 | ||
2 | 2 | ||
3 | 3 | EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW. | |
4 | 4 | [Brackets] indicate matter deleted from existing law. | |
5 | - | Underlining indicates amendments to bill. | |
6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | - | amendment. | |
8 | 5 | *hb0681* | |
9 | 6 | ||
10 | 7 | HOUSE BILL 681 | |
11 | 8 | D4, R4 5lr0869 | |
12 | 9 | SB 139/24 – JPR CF SB 15 | |
13 | 10 | By: Delegates Toles, Acevero, Addison, Amprey, Conaway, Crutchfield, Holmes, | |
14 | 11 | Martinez, Pasteur, Pena–Melnyk, Roberson, Ruff, Williams, and Woods | |
15 | 12 | Introduced and read first time: January 24, 2025 | |
16 | 13 | Assigned to: Judiciary | |
17 | - | Committee Report: Favorable | |
18 | - | House action: Adopted | |
19 | - | Read second time: March 1, 2025 | |
20 | 14 | ||
21 | - | ||
15 | + | A BILL ENTITLED | |
22 | 16 | ||
23 | 17 | AN ACT concerning 1 | |
24 | 18 | ||
25 | 19 | Child Support – Driver’s License Suspension for Arrearages and Court Orders 2 | |
26 | 20 | ||
27 | 21 | FOR the purpose of altering the circumstances under which the Child Support 3 | |
28 | 22 | Administration may notify the Motor Vehicle Administration of an individual’s child 4 | |
29 | 23 | support arrearages for the purpose of suspending the individual’s driver’s license or 5 | |
30 | 24 | privilege to drive; requiring the court, after establishing a child support order, to 6 | |
31 | 25 | send a copy of the guideline calculation and the order to the Child Support 7 | |
32 | 26 | Administration; and generally relating to the suspension of a driver’s license or 8 | |
33 | 27 | privilege to drive for child support arrearages. 9 | |
34 | 28 | ||
35 | 29 | BY repealing and reenacting, with amendments, 10 | |
36 | 30 | Article – Family Law 11 | |
37 | 31 | Section 10–119 and 12–202 12 | |
38 | 32 | Annotated Code of Maryland 13 | |
39 | 33 | (2019 Replacement Volume and 2024 Supplement) 14 | |
40 | 34 | ||
41 | 35 | BY repealing and reenacting, with amendments, 15 | |
42 | 36 | Article – Transportation 16 | |
43 | 37 | Section 16–203(b) 17 | |
44 | 38 | Annotated Code of Maryland 18 | |
45 | 39 | (2020 Replacement Volume and 2024 Supplement) 19 | |
46 | 40 | ||
47 | 41 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20 | |
48 | - | That the Laws of Maryland read as follows: 21 2 HOUSE BILL 681 | |
42 | + | That the Laws of Maryland read as follows: 21 | |
43 | + | ||
44 | + | Article – Family Law 22 | |
45 | + | ||
46 | + | 10–119. 23 | |
47 | + | ||
48 | + | (a) (1) In this section the following words have the meanings indicated. 24 2 HOUSE BILL 681 | |
49 | 49 | ||
50 | 50 | ||
51 | 51 | ||
52 | - | Article – Family Law 1 | |
52 | + | (2) “License” has the meaning stated in § 11–128 of the Transportation 1 | |
53 | + | Article. 2 | |
53 | 54 | ||
54 | - | 10–119. 2 | |
55 | + | (3) “Motor Vehicle Administration” means the Motor Vehicle 3 | |
56 | + | Administration of the Department of Transportation. 4 | |
55 | 57 | ||
56 | - | (a) (1) In this section the following words have the meanings indicated. 3 | |
58 | + | (b) (1) Subject to the provisions of subsection (c) of this section, the 5 | |
59 | + | Administration may notify the Motor Vehicle Administration of an obligor with a 6 | |
60 | + | noncommercial [license who is 60 days or more out of compliance,] or [an obligor with a] 7 | |
61 | + | commercial license who is 120 days or more out of compliance, with the most recent order 8 | |
62 | + | of the court in making child support payments if: 9 | |
57 | 63 | ||
58 | - | ( | |
59 | - | ||
64 | + | (i) the Administration has accepted an assignment of support under 10 | |
65 | + | § 5–312(b)(2) of the Human Services Article; or 11 | |
60 | 66 | ||
61 | - | ( | |
62 | - | ||
67 | + | (ii) the recipient of support payments has filed an application for 12 | |
68 | + | support enforcement services with the Administration. 13 | |
63 | 69 | ||
64 | - | (b) (1) Subject to the provisions of subsection (c) of this section, the 8 | |
65 | - | Administration may notify the Motor Vehicle Administration of an obligor with a 9 | |
66 | - | noncommercial [license who is 60 days or more out of compliance,] or [an obligor with a] 10 | |
67 | - | commercial license who is 120 days or more out of compliance, with the most recent order 11 | |
68 | - | of the court in making child support payments if: 12 | |
70 | + | (2) Upon notification by the Administration under this subsection, the 14 | |
71 | + | Motor Vehicle Administration: 15 | |
69 | 72 | ||
70 | - | (i) the | |
71 | - | ||
73 | + | (i) shall suspend the obligor’s license or privilege to drive in the 16 | |
74 | + | State; and 17 | |
72 | 75 | ||
73 | - | (ii) | |
74 | - | ||
76 | + | (ii) may issue a work–restricted license or work–restricted privilege 18 | |
77 | + | to drive in the State in accordance with § 16–203 of the Transportation Article. 19 | |
75 | 78 | ||
76 | - | ( | |
77 | - | ||
79 | + | (c) (1) Before supplying any information to the Motor Vehicle Administration 20 | |
80 | + | under this section, the Administration shall: 21 | |
78 | 81 | ||
79 | - | (i) shall suspend the obligor’s license or privilege to drive in the 19 | |
80 | - | State; and 20 | |
82 | + | (i) send written notice of the proposed action to the obligor, 22 | |
83 | + | including notice of the obligor’s right to request an investigation on any of the following 23 | |
84 | + | grounds: 24 | |
81 | 85 | ||
82 | - | | |
83 | - | ||
86 | + | 1. the information regarding the reported arrearage is 25 | |
87 | + | inaccurate; 26 | |
84 | 88 | ||
85 | - | | |
86 | - | ||
89 | + | 2. suspension of the obligor’s license or privilege to drive 27 | |
90 | + | would be an impediment to the obligor’s current or potential employment; or 28 | |
87 | 91 | ||
88 | - | (i) send written notice of the proposed action to the obligor, 25 | |
89 | - | including notice of the obligor’s right to request an investigation on any of the following 26 | |
90 | - | grounds: 27 | |
92 | + | 3. suspension of the obligor’s license or privilege to drive 29 | |
93 | + | would place an undue hardship on the obligor because of the obligor’s: 30 | |
91 | 94 | ||
92 | - | 1. the information regarding the reported arrearage is 28 | |
93 | - | inaccurate; 29 | |
94 | - | ||
95 | - | 2. suspension of the obligor’s license or privilege to drive 30 | |
96 | - | would be an impediment to the obligor’s current or potential employment; or 31 | |
95 | + | A. documented disability resulting in a verified inability to 31 | |
96 | + | work; or 32 | |
97 | 97 | HOUSE BILL 681 3 | |
98 | 98 | ||
99 | 99 | ||
100 | - | 3. suspension of the obligor’s license or privilege to drive 1 | |
101 | - | would place an undue hardship on the obligor because of the obligor’s: 2 | |
100 | + | B. inability to comply with the court order; and 1 | |
102 | 101 | ||
103 | - | | |
104 | - | ||
102 | + | (ii) give the obligor a reasonable opportunity to request an 2 | |
103 | + | investigation of the proposed action of the Administration. 3 | |
105 | 104 | ||
106 | - | B. inability to comply with the court order; and 5 | |
105 | + | (2) (i) Upon receipt of a request for investigation from the obligor, the 4 | |
106 | + | Administration shall conduct an investigation to determine if any of the grounds under 5 | |
107 | + | paragraph (1)(i) of this subsection exist. 6 | |
107 | 108 | ||
108 | - | (ii) give the obligor a reasonable opportunity to request an 6 | |
109 | - | investigation of the proposed action of the Administration. 7 | |
109 | + | (ii) The Administration shall: 7 | |
110 | 110 | ||
111 | - | (2) (i) Upon receipt of a request for investigation from the obligor, the 8 | |
112 | - | Administration shall conduct an investigation to determine if any of the grounds under 9 | |
113 | - | paragraph (1)(i) of this subsection exist. 10 | |
111 | + | 1. send a copy of the obligor’s request for an investigation to 8 | |
112 | + | the obligee by first–class mail; 9 | |
114 | 113 | ||
115 | - | | |
114 | + | 2. give the obligee a reasonable opportunity to respond; and 10 | |
116 | 115 | ||
117 | - | 1. send a copy of the obligor’s request for an investigation to 12 | |
118 | - | the obligee by first–class mail; 13 | |
116 | + | 3. consider the obligee’s response. 11 | |
119 | 117 | ||
120 | - | 2. give the obligee a reasonable opportunity to respond; and 14 | |
118 | + | (iii) Upon completion of the investigation, the Administration shall 12 | |
119 | + | notify the obligor of the results of the investigation and the obligor’s right to appeal to the 13 | |
120 | + | Office of Administrative Hearings. 14 | |
121 | 121 | ||
122 | - | 3. consider the obligee’s response. 15 | |
122 | + | (3) (i) An appeal under this section shall be conducted in accordance 15 | |
123 | + | with Title 10, Subtitle 2 of the State Government Article. 16 | |
123 | 124 | ||
124 | - | ( | |
125 | - | ||
126 | - | ||
125 | + | (ii) An appeal shall be made in writing and shall be received by the 17 | |
126 | + | Office of Administrative Hearings within 20 days after the notice to the obligor of the 18 | |
127 | + | results of the investigation. 19 | |
127 | 128 | ||
128 | - | (3) (i) An appeal under this section shall be conducted in accordance 19 | |
129 | - | with Title 10, Subtitle 2 of the State Government Article. 20 | |
129 | + | (4) If, after the investigation or appeal to the Office of Administrative 20 | |
130 | + | Hearings, the Administration finds that one of the grounds under paragraph (1)(i) of this 21 | |
131 | + | subsection exists, the Administration may not send any information about the obligor to 22 | |
132 | + | the Motor Vehicle Administration. 23 | |
130 | 133 | ||
131 | - | (ii) An appeal shall be made in writing and shall be received by the 21 | |
132 | - | Office of Administrative Hearings within 20 days after the notice to the obligor of the 22 | |
133 | - | results of the investigation. 23 | |
134 | + | (5) The Administration may not send any information about an obligor to 24 | |
135 | + | the Motor Vehicle Administration if: 25 | |
134 | 136 | ||
135 | - | (4) If, after the investigation or appeal to the Office of Administrative 24 | |
136 | - | Hearings, the Administration finds that one of the grounds under paragraph (1)(i) of this 25 | |
137 | - | subsection exists, the Administration may not send any information about the obligor to 26 | |
138 | - | the Motor Vehicle Administration. 27 | |
137 | + | (i) the Administration reaches an agreement with the obligor 26 | |
138 | + | regarding a scheduled payment of the obligor’s child support arrearage or a court issues an 27 | |
139 | + | order for a scheduled payment of the child support arrearage; and 28 | |
139 | 140 | ||
140 | - | (5) The Administration may not send any information about an obligor to 28 | |
141 | - | the Motor Vehicle Administration if: 29 | |
141 | + | (ii) the obligor is complying with the agreement or court order. 29 | |
142 | 142 | ||
143 | - | ( | |
144 | - | ||
145 | - | ||
146 | - | 4 HOUSE BILL 681 | |
143 | + | (d) (1) If, after information about an obligor is supplied to the Motor Vehicle 30 | |
144 | + | Administration, the obligor’s arrearage is paid in full, the obligor has demonstrated good 31 | |
145 | + | faith by paying the ordered amount of support for 6 consecutive months, the obligor is a 32 | |
146 | + | participant in full compliance in an employment program approved by the Administration, 33 4 HOUSE BILL 681 | |
147 | 147 | ||
148 | 148 | ||
149 | - | (ii) the obligor is complying with the agreement or court order. 1 | |
149 | + | or the Administration finds that one of the grounds under subsection (c)(1)(i) of this section 1 | |
150 | + | exists, the Administration shall notify the Motor Vehicle Administration to reinstate the 2 | |
151 | + | obligor’s license or privilege to drive. 3 | |
150 | 152 | ||
151 | - | (d) (1) If, after information about an obligor is supplied to the Motor Vehicle 2 | |
152 | - | Administration, the obligor’s arrearage is paid in full, the obligor has demonstrated good 3 | |
153 | - | faith by paying the ordered amount of support for 6 consecutive months, the obligor is a 4 | |
154 | - | participant in full compliance in an employment program approved by the Administration, 5 | |
155 | - | or the Administration finds that one of the grounds under subsection (c)(1)(i) of this section 6 | |
156 | - | exists, the Administration shall notify the Motor Vehicle Administration to reinstate the 7 | |
157 | - | obligor’s license or privilege to drive. 8 | |
153 | + | (2) The Administration may request that the Motor Vehicle 4 | |
154 | + | Administration expunge a record of a suspension of a license or privilege to drive for failure 5 | |
155 | + | to pay child support: 6 | |
158 | 156 | ||
159 | - | (2) The Administration may request that the Motor Vehicle 9 | |
160 | - | Administration expunge a record of a suspension of a license or privilege to drive for failure 10 | |
161 | - | to pay child support: 11 | |
157 | + | (i) for an obligor who is enrolled in and compliant with an 7 | |
158 | + | employment program approved by the Administration; or 8 | |
162 | 159 | ||
163 | - | ( | |
164 | - | ||
160 | + | (ii) if the information reported by the Administration that led to the 9 | |
161 | + | suspension was inaccurate. 10 | |
165 | 162 | ||
166 | - | (ii) if the information reported by the Administration that led to the 14 | |
167 | - | suspension was inaccurate. 15 | |
163 | + | (e) The Secretary of Human Services, in cooperation with the Secretary of 11 | |
164 | + | Transportation and the Office of Administrative Hearings, shall adopt regulations to 12 | |
165 | + | implement this section. 13 | |
168 | 166 | ||
169 | - | (e) The Secretary of Human Services, in cooperation with the Secretary of 16 | |
170 | - | Transportation and the Office of Administrative Hearings, shall adopt regulations to 17 | |
171 | - | implement this section. 18 | |
167 | + | (F) (1) THIS SECTION DOES NOT APPLY TO AN OBLIGOR WHOSE 14 | |
168 | + | INDIVIDUAL INCOME FO R THE CURRENT YEAR I S NOT GREATER THAN 250% OF THE 15 | |
169 | + | FEDERAL POVERTY GUI DELINES UNLESS THE O BLIGOR WAS JUDICIALL Y 16 | |
170 | + | DETERMINED AT THE TI ME THE MOST RECENT C HILD SUPPORT ORDER W AS 17 | |
171 | + | ENTERED TO BE VOLUNT ARILY IMPOVERISHED U NDER § 12–204 OF THIS ARTICLE. 18 | |
172 | 172 | ||
173 | - | (F) (1) THIS SECTION DOES NOT APPLY TO AN OBLIGOR WHOSE 19 | |
174 | - | INDIVIDUAL INCOME FOR THE CURRENT YEAR IS NOT GREATER THAN 250% OF THE 20 | |
175 | - | FEDERAL POVERTY GUID ELINES UNLESS THE OB LIGOR WAS JUDICIALLY 21 | |
176 | - | DETERMINED AT THE TI ME THE MOST RECENT C HILD SUPPORT ORDER W AS 22 | |
177 | - | ENTERED TO BE VOLUNT ARILY IMPOVERISHED U NDER § 12–204 OF THIS ARTICLE. 23 | |
173 | + | (2) TO DETERMINE THE INCO ME OF AN OBLIGOR UND ER THIS 19 | |
174 | + | SUBSECTION, THE ADMINISTRATION MAY CO NSIDER: 20 | |
178 | 175 | ||
179 | - | ( | |
180 | - | ||
176 | + | (I) THE INCOME OF THE OB LIGOR AT THE TIME TH E MOST 21 | |
177 | + | RECENT CHILD SUPPORT ORDER WAS ENTERED ; OR 22 | |
181 | 178 | ||
182 | - | ( | |
183 | - | ||
179 | + | (II) INFORMATION ON THE O BLIGOR’S INCOME PROVIDED BY 23 | |
180 | + | THE OBLIGOR OR AN EM PLOYER OF THE OBLIGO R. 24 | |
184 | 181 | ||
185 | - | (II) INFORMATION ON THE O BLIGOR’S INCOME PRO VIDED BY 28 | |
186 | - | THE OBLIGOR OR AN EM PLOYER OF THE OBLIGO R. 29 | |
182 | + | 12–202. 25 | |
187 | 183 | ||
188 | - | 12–202. 30 | |
184 | + | (a) (1) Subject to the provisions of paragraph (2) of this subsection and 26 | |
185 | + | subsection [(b)] (C) of this section, in any proceeding to establish or modify child support, 27 | |
186 | + | whether pendente lite or permanent, the court shall use the child support guidelines set 28 | |
187 | + | forth in this subtitle. 29 | |
189 | 188 | ||
190 | - | (a) (1) Subject to the provisions of paragraph (2) of this subsection and 31 | |
191 | - | subsection [(b)] (C) of this section, in any proceeding to establish or modify child support, 32 | |
192 | - | whether pendente lite or permanent, the court shall use the child support guidelines set 33 | |
193 | - | forth in this subtitle. 34 | |
194 | - | HOUSE BILL 681 5 | |
189 | + | (2) (i) There is a rebuttable presumption that the amount of child 30 | |
190 | + | support which would result from the application of the child support guidelines set forth in 31 | |
191 | + | this subtitle is the correct amount of child support to be awarded. 32 | |
192 | + | ||
193 | + | (ii) The presumption may be rebutted by evidence that the 33 | |
194 | + | application of the guidelines would be unjust or inappropriate in a particular case. 34 HOUSE BILL 681 5 | |
195 | 195 | ||
196 | 196 | ||
197 | - | (2) (i) There is a rebuttable presumption that the amount of child 1 | |
198 | - | support which would result from the application of the child support guidelines set forth in 2 | |
199 | - | this subtitle is the correct amount of child support to be awarded. 3 | |
200 | 197 | ||
201 | - | ( | |
202 | - | ||
198 | + | (iii) In determining whether the application of the guidelines would 1 | |
199 | + | be unjust or inappropriate in a particular case, the court may consider: 2 | |
203 | 200 | ||
204 | - | (iii) In determining whether the application of the guidelines would 6 | |
205 | - | be unjust or inappropriate in a particular case, the court may consider: 7 | |
201 | + | 1. the terms of any existing separation or property 3 | |
202 | + | settlement agreement or court order, including any provisions for payment of mortgages or 4 | |
203 | + | marital debts, payment of college education expenses, the terms of any use and possession 5 | |
204 | + | order or right to occupy the family home under an agreement, any direct payments made 6 | |
205 | + | for the benefit of the children required by agreement or order, or any other financial 7 | |
206 | + | considerations set out in an existing separation or property settlement agreement or court 8 | |
207 | + | order; 9 | |
206 | 208 | ||
207 | - | 1. the terms of any existing separation or property 8 | |
208 | - | settlement agreement or court order, including any provisions for payment of mortgages or 9 | |
209 | - | marital debts, payment of college education expenses, the terms of any use and possession 10 | |
210 | - | order or right to occupy the family home under an agreement, any direct payments made 11 | |
211 | - | for the benefit of the children required by agreement or order, or any other financial 12 | |
212 | - | considerations set out in an existing separation or property settlement agreement or court 13 | |
213 | - | order; 14 | |
209 | + | 2. the presence in the household of either parent of other 10 | |
210 | + | children to whom that parent owes a duty of support and the expenses for whom that parent 11 | |
211 | + | is directly contributing; and 12 | |
214 | 212 | ||
215 | - | | |
216 | - | ||
217 | - | ||
213 | + | 3. whether an obligor’s monthly child support obligation 13 | |
214 | + | would leave the obligor with a monthly actual income below 110% of the 2019 federal 14 | |
215 | + | poverty level for an individual. 15 | |
218 | 216 | ||
219 | - | 3. whether an obligor’s monthly child support obligation 18 | |
220 | - | would leave the obligor with a monthly actual income below 110% of the 2019 federal 19 | |
221 | - | poverty level for an individual. 20 | |
217 | + | (iv) The presumption may not be rebutted solely on the basis of 16 | |
218 | + | evidence of the presence in the household of either parent of other children to whom that 17 | |
219 | + | parent owes a duty of support and the expenses for whom that parent is directly 18 | |
220 | + | contributing. 19 | |
222 | 221 | ||
223 | - | ( | |
224 | - | ||
225 | - | ||
226 | - | ||
222 | + | (v) 1. If the court determines that the application of the 20 | |
223 | + | guidelines would be unjust or inappropriate in a particular case, the court shall make a 21 | |
224 | + | written finding or specific finding on the record stating the reasons for departing from the 22 | |
225 | + | guidelines. 23 | |
227 | 226 | ||
228 | - | (v) 1. If the court determines that the application of the 25 | |
229 | - | guidelines would be unjust or inappropriate in a particular case, the court shall make a 26 | |
230 | - | written finding or specific finding on the record stating the reasons for departing from the 27 | |
231 | - | guidelines. 28 | |
227 | + | 2. The court’s finding shall state: 24 | |
232 | 228 | ||
233 | - | 2. The court’s finding shall state: 29 | |
229 | + | A. the amount of child support that would have been required 25 | |
230 | + | under the guidelines; 26 | |
234 | 231 | ||
235 | - | A. the amount of child support that would have been required 30 | |
236 | - | under the guidelines; 31 | |
232 | + | B. how the order varies from the guidelines; 27 | |
237 | 233 | ||
238 | - | | |
234 | + | C. how the finding serves the best interests of the child; and 28 | |
239 | 235 | ||
240 | - | C. how the finding serves the best interests of the child; and 33 | |
236 | + | D. in cases in which items of value are conveyed instead of a 29 | |
237 | + | portion of the support presumed under the guidelines, the estimated value of the items 30 | |
238 | + | conveyed. 31 | |
239 | + | ||
240 | + | (B) AFTER ESTABLISHING A CHILD SUPPORT ORDER , THE COURT SHALL 32 | |
241 | + | SEND A COPY OF THE G UIDELINE CALCULATION AND THE ORDER TO THE CHILD 33 | |
242 | + | SUPPORT ADMINISTRATION . 34 | |
241 | 243 | 6 HOUSE BILL 681 | |
242 | 244 | ||
243 | 245 | ||
244 | - | D. in cases in which items of value are conveyed instead of a 1 | |
245 | - | portion of the support presumed under the guidelines, the estimated value of the items 2 | |
246 | - | conveyed. 3 | |
246 | + | [(b)] (C) (1) The court may decline to establish a child support order if the 1 | |
247 | + | parent who would have the obligation to pay child support: 2 | |
247 | 248 | ||
248 | - | (B) AFTER ESTABLISHING A CHILD SUPPORT ORDER , THE COURT SHALL 4 | |
249 | - | SEND A COPY OF THE G UIDELINE CALCULATION AND THE ORDER TO THE CHILD 5 | |
250 | - | SUPPORT ADMINISTRATION . 6 | |
249 | + | (i) lives with the child who would be the subject of the child support 3 | |
250 | + | order and is contributing to the support of the child; or 4 | |
251 | 251 | ||
252 | - | [(b)] (C) (1) The court may decline to establish a child support order if the 7 | |
253 | - | parent who would have the obligation to pay child support: 8 | |
252 | + | (ii) 1. is unemployed; 5 | |
254 | 253 | ||
255 | - | | |
256 | - | ||
254 | + | 2. has no financial resources from which to pay child support; 6 | |
255 | + | and 7 | |
257 | 256 | ||
258 | - | (ii) 1. is unemployed; 11 | |
257 | + | 3. A. is incarcerated and is expected to remain 8 | |
258 | + | incarcerated for the remainder of the time that the parent would have a legal duty to 9 | |
259 | + | support the child; 10 | |
259 | 260 | ||
260 | - | 2. has no financial resources from which to pay child support; 12 | |
261 | - | and 13 | |
261 | + | B. is institutionalized in a psychiatric care facility and is 11 | |
262 | + | expected to remain institutionalized for the remainder of the time that the parent would 12 | |
263 | + | have a legal duty to support the child; 13 | |
262 | 264 | ||
263 | - | | |
264 | - | ||
265 | - | ||
265 | + | C. is totally and permanently disabled, is unable to obtain or 14 | |
266 | + | maintain employment, and has no income other than Supplemental Security Income or 15 | |
267 | + | Social Security disability insurance benefits; or 16 | |
266 | 268 | ||
267 | - | | |
268 | - | ||
269 | - | ||
269 | + | D. is unable to obtain or maintain employment in the 17 | |
270 | + | foreseeable future due to compliance with criminal detainment, hospitalization, or a 18 | |
271 | + | rehabilitation treatment plan. 19 | |
270 | 272 | ||
271 | - | | |
272 | - | ||
273 | - | ||
273 | + | (2) The fact that a parent meets or ceases to meet the criteria described in 20 | |
274 | + | paragraph (1) of this subsection shall constitute a material change of circumstance for the 21 | |
275 | + | purpose of a modification of a child support award. 22 | |
274 | 276 | ||
275 | - | D | |
276 | - | ||
277 | - | ||
277 | + | [(c)] (D) The adoption or revision of the guidelines set forth in this subtitle is not 23 | |
278 | + | a material change of circumstance for the purpose of a modification of a child support 24 | |
279 | + | award. 25 | |
278 | 280 | ||
279 | - | (2) The fact that a parent meets or ceases to meet the criteria described in 26 | |
280 | - | paragraph (1) of this subsection shall constitute a material change of circumstance for the 27 | |
281 | - | purpose of a modification of a child support award. 28 | |
281 | + | [(d)] (E) On or before January 1, 1993, and at least every 4 years after that date, 26 | |
282 | + | the Child Support Administration of the Department of Human Services shall: 27 | |
282 | 283 | ||
283 | - | ||
284 | - | ||
285 | - | award | |
284 | + | (1) review the guidelines set forth in this subtitle to ensure that the 28 | |
285 | + | application of the guidelines results in the determination of appropriate child support 29 | |
286 | + | award amounts; and 30 | |
286 | 287 | ||
287 | - | [(d)] (E) On or before January 1, 1993, and at least every 4 years after that date, 32 | |
288 | - | the Child Support Administration of the Department of Human Services shall: 33 | |
288 | + | (2) report its findings and recommendations to the General Assembly, 31 | |
289 | + | subject to § 2–1257 of the State Government Article. 32 | |
290 | + | ||
291 | + | Article – Transportation 33 | |
289 | 292 | HOUSE BILL 681 7 | |
290 | 293 | ||
291 | 294 | ||
292 | - | (1) review the guidelines set forth in this subtitle to ensure that the 1 | |
293 | - | application of the guidelines results in the determination of appropriate child support 2 | |
294 | - | award amounts; and 3 | |
295 | + | 16–203. 1 | |
295 | 296 | ||
296 | - | (2) report its findings and recommendations to the General Assembly, 4 | |
297 | - | subject to § 2–1257 of the State Government Article. 5 | |
297 | + | (b) On notification by the Child Support Administration in accordance with § 2 | |
298 | + | 10–119 of the Family Law Article that an obligor is [60] 120 days or more out of compliance 3 | |
299 | + | with the most recent order of the court in making child support payments, the 4 | |
300 | + | Administration: 5 | |
298 | 301 | ||
299 | - | ||
302 | + | (1) Shall suspend an obligor’s license or privilege to drive in the State; and 6 | |
300 | 303 | ||
301 | - | 16–203. 7 | |
304 | + | (2) May issue a work–restricted license or work–restricted privilege to 7 | |
305 | + | drive. 8 | |
302 | 306 | ||
303 | - | (b) On notification by the Child Support Administration in accordance with § 8 | |
304 | - | 10–119 of the Family Law Article that an obligor is [60] 120 days or more out of compliance 9 | |
305 | - | with the most recent order of the court in making child support payments, the 10 | |
306 | - | Administration: 11 | |
307 | - | ||
308 | - | (1) Shall suspend an obligor’s license or privilege to drive in the State; and 12 | |
309 | - | ||
310 | - | (2) May issue a work–restricted license or work–restricted privilege to 13 | |
311 | - | drive. 14 | |
312 | - | ||
313 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 15 | |
314 | - | October 1, 2025. 16 | |
307 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9 | |
308 | + | October 1, 2025. 10 | |
315 | 309 | ||
316 | 310 | ||
317 | - | ||
318 | - | ||
319 | - | Approved: | |
320 | - | ________________________________________________________________________________ | |
321 | - | Governor. | |
322 | - | ________________________________________________________________________________ | |
323 | - | Speaker of the House of Delegates. | |
324 | - | ________________________________________________________________________________ | |
325 | - | President of the Senate. |