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Session Laws, 1984
Volume 759, Page 2131   View pdf image
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HARRY HUGHES, Governor

2131

(C)  HEARING.

(1)  THE COURT SHALL HOLD A HEARING IF THE OBLIGOR
APPEARS.

(2)  FOR GOOD CAUSE SHOWN AT THE HEARING, THE COURT
MAY DECLINE TO ORDER THE LIEN.

(D)  EFFECT OF PAYMENT OF ARREARAGE.

IF AN OBLIGOR PAYS THE ARREARAGE AFTER THE DATE OF SERVICE
OF THE SHOW CAUSE ORDER, THE COURT IS NOT PREVENTED FROM ORDERING
A LIEN ON THE EARNINGS OF THE OBLIGOR.

(E)  AMOUNT OF LIEN.
THE AMOUNT OF THE LIEN:

(1)  SHALL BE ENOUGH TO PAY THE CHILD OR SPOUSAL
SUPPORT AS ORIGINALLY ORDERED BY THE COURT; AND

(2)  MAY INCLUDE A PART OF THE ARREARAGE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article 16, §
5B(b)(4), (7), and the second and third clauses of the
first sentence and the entire second sentence of (1).

Defined terms: "Earnings" § 10-101

"Obligor" § 10-101 "Support" §§ 1-101 and 10-101

10-123. SERVICE AND EFFECT OF ORDER.

(A)  SERVICE.

THE COURT SHALL CAUSE A COPY OF THE ORDER THAT ESTABLISHES A
LIEN TO BE SERVED IMMEDIATELY ON AN EMPLOYER OF THE OBLIGOR.

(B)  EFFECT.

AN ORDER THAT ESTABLISHES A LIEN ON EARNINGS IS BINDING ON
EACH PRESENT AND EACH FUTURE EMPLOYER OF THE OBLIGOR ON WHOM A
COPY OF THE ORDER IS SERVED.

(C)  PRIORITY.

UNLESS THE COURT ORDERS OTHERWISE, A LIEN ON EARNINGS HAS
PRIORITY OVER ANY OTHER ATTACHMENT, EXECUTION, OR ASSIGNMENT.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article 16, §
5B(b)(6) and the first sentence of (5).

 

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Session Laws, 1984
Volume 759, Page 2131   View pdf image
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