WILLIAM DONALD SCHAEFER, Governor                           Ch. 475

(I) COMPLY WITH THE REQUIREMENTS OF § 10-126(A) OF THE FAMILY
LAW ARTICLE; AND

(II)     SET FORTH THE OBLIGATIONS AND RESPONSIBILITIES OF AN
EMPLOYER AND A DEFENDANT UNDER AN EARNINGS WITHHOLDING ORDER AND THE
CONSEQUENCES OF VIOLATING A PROVISION OF THIS SECTION.

(4) EACH AMOUNT WITHHELD IN AN EARNINGS WITHHOLDING ORDER
UNDER THIS SECTION SHALL BE PAYABLE TO THE DIVISION.

(5) THE PROVISIONS OF § 10-127(A) THROUGH (C) OF THE FAMILY LAW
ARTICLE SHALL APPLY TO AN EARNINGS WITHHOLDING ORDER UNDER THIS SECTION.

(6) (I) SUBJECT TO THE PROVISIONS OF PARAGRAPHS (II) AND (III) OF
THIS SUBSECTION, THE PAYMENT AMOUNT UNDER AN EARNINGS WITHHOLDING ORDER
UNDER THIS SECTION SHALL BE 20 PERCENT OF THE EARNINGS OF A DEFENDANT AS
DETERMINED UNDER § 637 OF THIS ARTICLE.

(II) IF THE RESTITUTION OBLIGATION OF THE DEFENDANT IS
CONSIDERED TO BE DELINQUENT THE COURT MAY IMPOSE A PAYMENT AMOUNT IN
EXCESS OF THE AMOUNT ALLOWED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.

(III)    ANY AMOUNT OF AN EARNINGS WITHHOLDING ORDER ISSUED
UNDER THIS SECTION MAY NOT EXCEED THE REQUIREMENTS OF THE FEDERAL
CONSUMER CREDIT PROTECTION ACT.

(IV)    IF A COURT DETERMINES THAT THE AMOUNT OF AN EARNINGS
WITHHOLDING ORDER ISSUED UNDER THIS SECTION EXCEEDS THE REQUIREMENTS OF
THE FEDERAL CONSUMER CREDIT PROTECTION ACT, THE COURT SHALL ALTER THE
AMOUNT OF THE ORDER TO THE MAXIMUM ALLOWED UNDER THE FEDERAL CONSUMER
CREDIT PROTECTION ACT.

(7) (I) A DEFENDANT OR EMPLOYER OF A DEFENDANT WHO VIOLATES
THE PROVISIONS OF THIS SECTION IS SUBJECT TO A FINE NOT TO EXCEED $250.

(II)     A FINE COLLECTED UNDER THIS SECTION SHALL BE
DISTRIBUTED IN THE SAME MANNER AS THE DISTRIBUTION OF COSTS UNDER ARTICLE
26A, § 17 OF THE CODE.

(III)    IN ADDITION TO ANY FINE IMPOSED UNDER THIS PARAGRAPH, AN
EMPLOYER IS LIABLE FOR DAMAGES FOR THE FAILURE OF THE EMPLOYER TO DEDUCT
THE EARNINGS OF A DEFENDANT OR FAILURE TO MAKE A TIMELY PAYMENT AS
REQUIRED IN THE ORDER.

645M.

(a) The earnings of prisoners shall be collected by the [Division of Parole and
Probation] DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES. From
these earnings the [Division or the] Department shall pay the following:

(1) The cost of providing food, lodging and clothing by the place of
incarceration to the State or the County;

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