HARRY HUGHES, Governor

2051

and may be ordered to pay support, the payments
required under this section are contingent on a
finding of paternity, and, therefore, are restricted
to a father.

In subsection (b) of this section, "weekly or
otherwise", which formerly modified the duty to pay
for support, is deleted as unnecessary.

In subsection (c) of this section, the former phrases
"finally and completely" and "under all the provisions
of law applicable to the order", which modified
"paid", are deleted as unnecessary.

In the introductory language of subsection (d)(2) of
this section, the word "father's", which modifies
"employer", is new language added for clarity.

In subsection (d)(2)(i) of this section, the phrase
"from the father's earnings", which modifies
"deducting", is new language added for clarity.

The Commission to Revise the Annotated Code calls the
attention of the General Assembly to several aspects
of this section. First, this section, like its
precursor, former Article 16, § 66H(a)(2), does not
provide for a lien on the earnings of a mother,
although a court may order a mother to pay support
under this subtitle. Secondly, this section, like
former Article 16, § 66H(a)(2), does not include
procedural provisions comparable to those in Title 10,
Subtitle 1 of this article. Finally, a lien may be
imposed under this section even though there is no
arrearage, while, under Title 10, Subtitle 1 of this
article, a person must be in arrears more than 30 days
before that person's earnings are subject to a lien.
The General Assembly may wish to consider amending
this section to conform it more closely to Title 10,
Subtitle 1 of this article and to avoid possible
constitutional defects in this section.

Defined term: "Support" § 1-101

5-1033. SUPPORT BY EITHER PARENT; HOSPITAL, FUNERAL, AND LEGAL
EXPENSES.

(A) IN GENERAL.

IN A PATERNITY PROCEEDING, THE COURT MAY ORDER THE FATHER OR
THE MOTHER TO PAY ALL OR PART OF ANY 1 OR MORE OF THE FOLLOWING:

(1)  THE SUPPORT OF THE CHILD;

(2)  THE MOTHER'S MEDICAL AND HOSPITAL EXPENSES FOR
PREGNANCY, CONFINEMENT, AND RECOVERY; AND