Ch. 311

1997 LAWS OF MARYLAND

(3) Except as otherwise provided in this section, an earnings withholding
order issued under this section shall:

(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 OR LIABLE PARENT 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 OR DEPARTMENT OF JUVENILE JUSTICE.

(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 OR LIABLE PARENT as determined
under § 806 of this subheading.

(ii) If the restitution obligation of the defendant OR LIABLE PARENT
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 LIABLE PARENT or employer of a defendant OR
LIABLE PARENT 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 § 830 of this subtitle.

(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 LIABLE PARENT or failure to make a timely payment as required in the order.

815.

(d) (1) Except as provided in paragraph (2) of this subsection, "crime" means
[an act]:

(i) [Committed] AN ACT COMMITTED by any person in this State
which is a criminal offense under State, federal, or common law;

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