clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e
  Maryland State Archives | Index | Help | Search search for:
clear space
white space
Session Laws, 1985
Volume 760, Page 2202   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

2202                                          LAWS OF MARYLAND                                      Ch. 329

(V) ANY OTHER INFORMATION THAT THE EMPLOYER
NEEDS TO COMPLY WITH THE EARNINGS WITHHOLDING ORDER.

(B)  AN EARNINGS WITHHOLDING ORDER IS BINDING ON EACH
PRESENT AND FUTURE EMPLOYER OF THE OBLIGOR ON WHOM A COPY OF THE
ORDER IS SERVED.

(C)  SUBJECT TO FEDERAL LAW, AN EARNINGS WITHHOLDING ORDER
UNDER THIS PART III OF THIS SUBTITLE HAS PRIORITY OVER ANY OTHER
LIEN OR LEGAL PROCESS.

(D)  THE COPY OF THE EARNINGS WITHHOLDING ORDER SERVED ON
THE EMPLOYER OF THE OBLIGOR SHALL CONTAIN A STATEMENT THAT UPON
WILLFUL VIOLATION OF THE ORDER THE EMPLOYER SHALL BE SUBJECT TO
CIVIL PENALTIES.

10-126.

(A) ON RECEIPT OF A COPY OF AN EARNINGS WITHHOLDING ORDER.
AN EMPLOYER SHALL, BEGINNING WITH THE NEXT PAY PERIOD AFTER
RECEIPT OF THE ORDER:

(1)  DEDUCT THE AMOUNT OF THE WITHHOLDING FROM THE
OBLIGOR'S EARNINGS ON A REGULAR BASIS; AND

(2)  SEND THE DEDUCTED NET AMOUNT DIRECTLY TO THE
SUPPORT ENFORCEMENT AGENCY OR THE RECIPIENT, AS SPECIFIED IN THE
ORDER.

(B)  AN EMPLOYER MAY DEDUCT AND RETAIN FROM THE OBLIGOR'S
WAGES AN ADDITIONAL $1 $2 FOR EACH DEDUCTION MADE UNDER THE
ORDER.

(C)  AN EMPLOYER MAY NOT USE THE WITHHOLDING AS A BASIS FOR:

(1)  REPRISAL AGAINST THE OBLIGOR;

(2)  DISMISSAL OF THE OBLIGOR FROM EMPLOYMENT; OR

(3)  REFUSAL TO HIRE OR TO PROMOTE THE OBLIGOR.

(D)  SUBJECT TO THE PROVISIONS OF § 10-128 OF THIS SUBTITLE:

(1) THE RECIPIENT OR THE SUPPORT ENFORCEMENT AGENCY
MAY BRING A CIVIL ACTION AGAINST AN EMPLOYER WHO WILLFULLY
VIOLATES SUBSECTION (A) OF THIS SECTION; AND

(2) THE COURT SHALL USE ITS ENFORCEMENT POWERS IN A

CIVIL ACTION BROUGHT UNDER THIS SUBSECTION, INCLUDING THE

ISSUANCE OF AN INJUNCTION TO PROTECT ANY PARTY; AND

(3) (2) AN EMPLOYER IS LIABLE FOR DAMAGES UNDER THIS
SUBSECTION IN AN AMOUNT EQUAL TO THE AMOUNT OF ANY WITHHOLDING
THAT THE EMPLOYER FAILED TO DEDUCT FROM THE OBLIGOR'S EARNINGS.

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Session Laws, 1985
Volume 760, Page 2202   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 11, 2023
Maryland State Archives