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ROBERT L. EHRLICH, JR., Governor
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Ch. 595
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of the Code, the Administration may accept in full settlement of an arrearage in child
support payments an amount that is less than the total arrearage.
[(b)] (2) On request of the Administration, a court may approve by order an
amount that is less than the total arrearage as full settlement of the arrearage.
(B) (1) IN A CASE IN WHICH AN ASSIGNMENT HAS BEEN MADE UNDER
ARTICLE 88A, § 50(B)(2) OF THE CODE, AN OBLIGOR MAY APPLY TO THE
ADMINISTRATION TO SUSPEND, FOR A PERIOD OF 3 YEARS, THE COLLECTION OF AN
ARREARAGE IN CHILD SUPPORT PAYMENTS.
(2) EXCEPT AS PROVIDED IN PARAGRAPHS (3) AND (4) OF THIS
SUBSECTION, THE ADMINISTRATION SHALL SUSPEND, FOR A PERIOD OF 3 YEARS,
THE COLLECTION OF AN ARREARAGE IN CHILD SUPPORT PAYMENTS, IF THE
OBLIGOR PROVIDES SATISFACTORY PROOF THAT:
(I) THE OBLIGOR AND THE CHILD WHO IS THE SUBJECT OF THE
SUPPORT ORDER RESIDE TOGETHER; AND
(II) THE OBLIGOR IS SUPPORTING THE CHILD.
(3) THE ADMINISTRATION MAY REFUSE TO SUSPEND THE COLLECTION
OF AN ARREARAGE IN CHILD SUPPORT PAYMENTS UNDER THIS SUBSECTION IF THE
ADMINISTRATION ISSUES, WITHIN 30 DAYS AFTER AN OBLIGOR APPLIES FOR A
SUSPENSION UNDER PARAGRAPH (1) OF THIS SUBSECTION, A WRITTEN DECISION
EXPLAINING THE REASONS FOR THE REFUSAL.
(4) THE ADMINISTRATION MAY NOT SUSPEND THE COLLECTION OF AN
ARREARAGE IN CHILD SUPPORT PAYMENTS UNDER THIS SUBSECTION UNLESS THE
GROSS INCOME OF THE OBLIGOR AND THE OBLIGEE TOGETHER EQUALS LESS THAN
225 PERCENT OF THE FEDERAL POVERTY LEVEL, AS DEFINED BY THE UNITED
STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.
(5) SUBJECT TO THE PROVISIONS OF THIS SUBSECTION, AFTER THE
EXPIRATION OF ANY 3 YEAR PERIOD OF SUSPENSION, AN OBLIGOR MAY REAPPLY TO
THE ADMINISTRATION TO SUSPEND THE COLLECTION OF AN ARREARAGE IN CHILD
SUPPORT PAYMENTS FOR ANOTHER 3 YEAR PERIOD.
(B) (1) IN A CASE IN WHICH AN ASSIGNMENT HAS BEEN MADE UNDER
ARTICLE 88A, § 50(B)(2) OF THE CODE, THERE IS A PRESUMPTION THAT IT IS IN THE
BEST INTEREST OF THIS STATE FOR THE ADMINISTRATION TO ACCEPT IN FULL
SETTLEMENT OF AN ARREARAGE IN CHILD SUPPORT PAYMENTS AN AMOUNT THAT
IS LESS THAN THE TOTAL ARREARAGE IF:
(I) THE OBLIGOR, THE INDIVIDUAL WHO HAS MADE AN
ASSIGNMENT UNDER ARTICLE 88A, § 50(B)(2) OF THE CODE, AND THE CHILD WHO IS
THE SUBJECT OF THE SUPPORT ORDER HAVE RESIDED TOGETHER FOR AT LEAST
THE 6 12 MONTHS IMMEDIATELY PRECEDING A REQUEST FOR SETTLEMENT UNDER
THIS SECTION;
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- 3395 -
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