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Session Laws, 1982
Volume 742, Page 2676   View pdf image
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2676

LAWS OF MARYLAND

Ch. 322

DECISION BY THE APPROPRIATE COURT. MORE THAN 30 DAYS, ON
PETITION FOR A LIEN BY THE PERSON OR PUBLIC AGENCY TO WHOM
PAYMENT HAD BEEN ORDERED, THE COURT MAY ORDER A LIEN. THE
LIEN SHALL BE IN AN AMOUNT SUFFICIENT TO PAY THE SUPPORT
PREVIOUSLY ORDERED BY THE COURT AND MAY INCLUDE ANY PORTION
OF THE ARREARAGE DEEMED APPROPRIATE BY THE COURT.

(2) THE PETITIONER SHALL FILE A PETITION UNDER
AFFIDAVIT. THE PETITION FOR A LIEN MAY BE SUBMITTED ON
FORMS PREPARED BY THE COURT AND SHALL INCLUDE SUFFICIENT
INFORMATION TO PERMIT THE ISSUANCE OF AN APPROPRIATE COURT
ORDER.

(3) ON RECEIPT OF THE PETITION, THE COURT SHALL
ISSUE A SHOW CAUSE ORDER, WHICH SHALL BE SERVED AS PROVIDED
FOR UNDER THE MARYLAND RULES ON THE PARTY WHO IS ALLEGED TO
HAVE FAILED TO MAKE THE ORDERED SUPPORT PAYMENT. THE SHOW
CAUSE ORDER SHALL INFORM THE RESPONDENT:

(I) OF THE AMOUNT OF PAYMENT CLAIMED DUE;

(II) THAT A LIEN ON THE RESPONDENT'S
SALARY HAS BEEN REQUESTED;

(III) THAT THE COURT INTENDS TO ORDER A
LIEN IF THE RESPONDENT DOES NOT APPEAR ON THE DATE SET BY
THE COURT;

(IV) THAT A COPY OF THE PROPOSED LIEN
ORDER IS ATTACHED TO THE SHOW CAUSE ORDER;

AND

(V) OF THE DATE SET FOR THE COURT HEARING;

(VI) OF THE DATE WHEN SERVICE MUST BE
COMPLETED IN ORDER THAT THE COURT HEARING PROCEED.

(4) IF THE RESPONDENT HAS BEEN SERVED WITHIN THE
TIME SET IN THE SHOW CAUSE ORDER AND DOES NOT APPEAR AT THE
TIME SET BY THE COURT, THE LIEN SHALL IMMEDIATELY ISSUE. IF
THE RESPONDENT APPEARS AT THE TIME SET BY THE COURT, A
HEARING SHALL BE HELD. AT THE HEARING, THE COURT FOR GOOD
CAUSE MAY DIRECT THE LIEN NOT TAKE EFFECT.

[(2)] (4) (5) THE COURT SHALL CAUSE A COPY OF
THE ORDER TO BE SERVED IMMEDIATELY ON THE EMPLOYER OF THE
DEFAULTING PARTY. As soon as an employer is notified of a
lien, the employer is required to deduct the amount of the
lien on a regular basis and to pay all deductions directly
to the recipient designated by the court. The employer may
deduct an additional $1 for each payment made under the
order.

[(3)] (5) (6) A lien on earnings shall be
binding on each existing and future employer of the

 

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Session Laws, 1982
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