Ch. 548

LAWS OF MARYLAND

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Family Law

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, WITHIN 10 DAYS AFTER THE DAY ON WHICH THE EARNINGS ARE
PAID TO THE OBLIGOR.

(b)  An employer may deduct and retain from the obligor's
wages an additional $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)  (1) Subject to the provisions of § 10-128 of this
subtitle:

(1) (I) 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) (II) an employer is liable for damages under
this subsection in an amount equal to TWICE the amount of any
withholding that the employer failed to deduct from the obligor's
earnings OR FAILED TO SEND WITHIN THE TIME REQUIRED UNDER
SUBSECTION (A) OF THIS SECTION.

(2) THE EMPLOYER'S LIABILITY UNDER THIS SUBSECTION
SHALL BE IN ADDITION TO ANY AMOUNTS PAID DIRECTLY OR INDIRECTLY
BY THE OBLIGOR.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1989.

Approved May 25, 1989.

- 3444 -