HARRY HUGHES, Governor

2675

(2)      "Earnings" includes any form of periodic
payment to an individual, including annuity, pension, social
security, and workmen's compensation payments.

(3)      "Employer" means any person, including any
public entity, making payments of earnings to an individual.

(b) (1) If a court has ordered a person to pay for the
support of a spouse or dependent child [and the person is
in arrears, on petition of the person to whom payment had
been ordered and on a finding by the court that arrearages
within the 24-month period immediately preceding submission
of the petition equal a sum of two months payments], the
court [may] ALSO SHALL order a lien on the earnings of the
defaulting party, due or to be due, in an amount sufficient
to pay the support ordered by the court. THE LIEN SHALL TAKE
EFFECT WHEN THE REQUIREMENTS OF PARAGRAPH (3) OF THIS
SUBSECTION HAVE BEEN SATISFIED OR, AT THE DISCRETION OF THE
COURT, MAY TAKE EFFECT IMMEDIATELY. [The court shall cause
a copy of the order to be served immediately on the employer
of the defaulting party.]

(2) ANY PERSON TO WHOM A SUPPORT PAYMENT HAS
BEEN ORDERED BY THE COURT, BUT HOW HAS NOT RECEIVED PAYMENT
WITHIN 20 DAYS OF THE DUE DATE OF THE SUPPORT PAYMENT, MAY
PETITION THE COURT FOR A LIEN. ON RECEIPT OF THE PETITION,
THE COURT SHALL ORDER A LIEN. THE COURT MAY ORDER THE LIEN
TO TAKE EFFECT IMMEDIATELY OR AFTER THE REQUIREMENTS OF
PARAGRAPH (3) OF THIS SUBSECTION ARE SATISFIED.

(3) THE COURT UPON PETITION SHALL CAUSE NOTICE
TO BE SERVED IMMEDIATELY BY CERTIFIED MAIL TO THE LAST KNOWN
ADDRESS OF THE PARTY WHO HAS FAILED TO MAKE A REQUIRED
SUPPORT PAYMENT WITHIN 20 DAYS OF THE DUE DATE. THE NOTICE
SHALL INCLUDE A COPY OF THE ORDER FOR A LIEN AND SHALL
INFORM THE DEFAULTING PARTY THAT A LIEN ON THE DEFAULTING
PARTY'S EARNINGS SHALL GO INTO EFFECT 10 DAYS AFTER THE DATE
ON WHICH THE NOTICE WAS SENT. THE DEFAULTING PARTY, WITHIN
THAT 10-DAY PERIOD, MAY REQUEST A HEARING ON THE ISSUE OF
WHETHER THE LIEN SHOULD TAKE EFFECT, IN WHICH CASE THE LIEN
SHALL BE HELD IN ABEYANCE PENDING THE OUTCOME OF THE
HEARING. THE COURT SHALL HOLD A HEARING REQUESTED UNDER
THIS SECTION WITHIN 10 WORKING DAYS AFTER THE DATE OF THE
REQUEST. IF AT THE HEARING THE DEFAULTING PARTY ESTABLISHES

THAT EXTRAORDINARY CIRCUMSTANCES PREVENTED THE TIMELY

PAYMENT OF THE SUPPORT OBLIGATION AND THAT THE CIRCUMSTANCES
ARE BEYOND THE CONTROL OF THE DEFAULTING PARTY, THE COURT
MAY DIRECT THAT THE LIEN NOT TAKE EFFECT UNTIL SUCH TIME,
WITHIN 12 MONTHS, AS ANOTHER PAYMENT IS MISSED. IF SUCH A
DELAY IS GRANTED, THE LIEN, UPON APPLICATION, SHALL GO INTO
EFFECT IF, WITHIN THE FOLLOWING 12 MONTHS, THE DEFAULTING
PARTY FAILS TO MAKE IN FULL ANY PAYMENT WITH 20 DAYS OF
THE DUE DATE. EITHER PARTY, WITHIN 15 WORKING DAYS OF THE
DATE OF THE DECISION BY THE COURT, MAY SEEK REVIEW OF THE