2204

LAWS OF MARYLAND

Ch. 329

(1)  THE COURT; AND

(2)  THE RECIPIENT, OR IF THE SUPPORT ENFORCEMENT
AGENCY RECEIVES THE SUPPORT PAYMENTS, THE SUPPORT ENFORCEMENT
AGENCY.

10-130.

(A)  AN OBLIGOR MAY CONTEST THE ISSUANCE OF AN EARNINGS
WITHHOLDING ORDER BY MOVING FOR A STAY OF THE ORDER NO LATER THAN
15 DAYS AFTER A COPY OF THE WITHHOLDING ORDER IS MAILED TO THE
OBLIGOR UNDER § 10-124 , OF THIS SUBTITLE.

(B)  A MOTION FOR A STAY OF THE WITHHOLDING ORDER SHALL:

(1)  SHALL BE UNDER OATH;

(2)  SHALL STATE THE GROUNDS FOR CONTESTING THE
EARNINGS WITHHOLDING, INCLUDING DATES AND AMOUNT OF PAYMENTS IN
DISPUTE; AND

(3) BE ON A FORM PREPARED BY THE COURT.

(3) MAY BE ON A FORM THAT SHALL BE PREPARED BY THE
COURT.

(C)  ANY PERSON WHO WILLFULLY MAKES A FALSE REPRESENTATION
OF FACTS ON A MOTION FOR STAY OF THE WITHHOLDING ORDER UNDER THIS
SECTION IS GUILTY OF CONTEMPT AND, UPON CONVICTION, MAY BE FINED
NOT MORE THAN $250 SHALL BE SUBJECT TO THE PENALTIES FOR PERJURY.

(D)  UPON RECEIPT OF A MOTION FOR A STAY OF THE WITHHOLDING
ORDER UNDER SUBSECTION (A) OF THIS SECTION, THE COURT SHALL
IMMEDIATELY NOTIFY THE RECIPIENT AND THE SUPPORT ENFORCEMENT
AGENCY, IF APPLICABLE, AND SHALL SCHEDULE A HEARING WITHIN 15
DAYS.

(E)  THE ONLY ISSUES THAT MAY BE ADJUDICATED AT A HEARING
SCHEDULED UNDER THIS SECTION ARE:

(1)  WHETHER THE ALLEGED ARREARAGE EXISTED;

(2)  THE AMOUNT OF THE ARREARAGE;

(3)  THE IDENTITY OF THE OBLIGOR; AND OR

(4)  THAT THE AMOUNT OF THE WITHHOLDING ORDER EXCEEDS
THE LIMITS OF THE FEDERAL CONSUMER PROTECTION ACT .; AND

(5) ANY OTHER BONA FIND ISSUES DEEMED APPROPRIATE BY
THE COURT.

(F)  PAYMENT OF ARREARAGE AFTER THE DATE OF THE MOTION FOR
SERVICE OF THE WITHHOLDING ORDER IS NOT A DEFENSE AGAINST
WITHHOLDING.