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225
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HARRY HUGHES, Governor
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(b) (1) Any parent who deserts or wilfully neglects to
provide for the support and maintenance of his or her child under
the age of 18 is guilty of a misdemeanor and upon conviction is
subject to a fine not exceeding $100, or imprisonment not
exceeding three years, or both.
(2) Any parent charged with a violation of this
section may be prosecuted in the jurisdiction where he or she or
the child resides. Jurisdiction of a criminal court under this
section is not affected by commencement of a civil support action
before or after prosecution under this section.
(3) However, before the trial with the consent of the
defendant or after conviction, instead of or in addition to
imposing the punishment provided in paragraph (1) of this
subsection, the court, in its discretion, having regard to the
circumstances and financial ability of the defendant, may pass an
order that, subject to change by the court from time to time as
the circumstances require, directs the defendant to pay a certain
sum weekly for the space of three years to the person or
institution having custody of the minor child or children or, if
the [bureau of support enforcement of the Social Services
Administration] CHILD SUPPORT ENFORCEMENT ADMINISTRATION OF THE
DEPARTMENT OF HUMAN RESOURCES has received an assignment under
Article 88A, § 48, to the [bureau] ADMINISTRATION. If there is
an agreement with respect to such child or children, the court
may pass an order directing that the defendant adhere to the
provisions of the agreement for child support and make payments
under the agreement to the recipient designated therein.
Payments under this section shall be made to the [bureau of
support enforcement of the Social Services Administration] CHILD
SUPPORT ENFORCEMENT ADMINISTRATION OF THE DEPARTMENT OF HUMAN
RESOURCES or to the clerk of court or to such other public agency
as may be responsible for keeping accounts. Such agency promptly
shall forward the payment to the person having custody of the
minor child or children or to the [bureau of support enforcement]
CHILD SUPPORT ENFORCEMENT ADMINISTRATION, as specified in the
order. If the court passes the order, the court may release the
defendant from custody on probation for the space of three years
upon his or her entering into a recognizance in such sum as the
court shall direct, with or without sureties. Any such order
shall constitute a lien on the earnings of the defendant. The
employer is required to deduct the amount of such decree as soon
as notified by the [bureau of support enforcement] CHILD SUPPORT
ENFORCEMENT ADMINISTRATION or designated local agency and to pay
all deductions directly to the [bureau of support enforcement of
the Social Services Administration] CHILD SUPPORT ENFORCEMENT
ADMINISTRATION OF THE DEPARTMENT OF HUMAN RESOURCES or the
locally designated agency for the collection of support payments.
The condition of the recognizance shall be such that if the
defendant shall make his or her personal appearance at the court
whenever ordered to do so within the three years and shall
further comply with the terms of the order, or of any subsequent
modification of the order, then the recognizance shall be void,
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