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2006 LAWS OF MARYLAND
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Ch. 307
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(I) IT HAS ACCEPTED AN ASSIGNMENT OF SUPPORT UNDER
ARTICLE 88A, § 50(B)(2) OF THE CODE; OR
(II) THE CHILD HAS BEEN PLACED IN THE CARE AND CUSTODY OF
THE STATE.
(D) "TRIBUNAL" HAS THE MEANING STATED IN § 10-301(X) OF THIS TITLE.
10-1A-02.
(A) (1) AN AFFIDAVIT OF SUPPORT MAY BE EXECUTED IN THE MANNER
PROVIDED UNDER THIS SECTION IF:
(I) A PARTY IS RECEIVING CHILD SUPPORT ENFORCEMENT
SERVICES UNDER TITLE IV, PART D, OF THE SOCIAL SECURITY ACT;
(II) PATERNITY OF THE CHILD HAS BEEN ESTABLISHED;
(III) A SUPPORT CONFERENCE HAS BEEN CONDUCTED IN WHICH
THE ADMINISTRATION DETERMINED THE AMOUNT OF SUPPORT IN ACCORDANCE
WITH THE CHILD SUPPORT GUIDELINES PROVIDED IN TITLE 12, SUBTITLE 2 OF THIS
ARTICLE; AND
(IV) THE SUPPORT CONFERENCE RESULTED IN AN AGREEMENT BY
THE PARTIES.
(2) (I) THE ADMINISTRATION SHALL SET THE AMOUNT OF THE
SUPPORT OBLIGATION IN ACCORDANCE WITH THE GUIDELINES.
(II) UNLESS THE ADMINISTRATION DETERMINES THAT
APPLICATION OF THE GUIDELINES WOULD BE UNJUST OR INAPPROPRIATE IN A
PARTICULAR CASE, THE AMOUNT SPECIFIED IN THE GUIDELINES SHALL APPLY.
(III) IN DETERMINING WHETHER APPLICATION OF THE GUIDELINES
IS UNJUST OR INAPPROPRIATE, THE ADMINISTRATION MAY CONSIDER THE FACTORS
STATED IN § 12-202 OF THIS ARTICLE.
(IV) IF THE ADMINISTRATION FINDS THAT APPLICATION OF THE
GUIDELINES IS UNJUST OR INAPPROPRIATE IN A PARTICULAR CASE, THE
ADMINISTRATION SHALL MAKE A WRITTEN FINDING ON THE RECORD STATING THE
REASONS FOR DEPARTING FROM THE GUIDELINES.
(V) THE ADMINISTRATION'S FINDING SHALL STATE:
1. THE AMOUNT OF CHILD SUPPORT THAT WOULD HAVE
BEEN REQUIRED UNDER THE GUIDELINES;
2. HOW THE AFFIDAVIT OF SUPPORT VARIES FROM THE
GUIDELINES;
3. HOW THE FINDING SERVES THE BEST INTERESTS OF THE
CHILD; AND
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-1728 -
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![clear space](../../../images/clear.gif) |