PARRIS N. GLENDENING, Governor                             Ch. 609

OR FINANCIAL INSTITUTION TO COMPLY WITH THE REQUIREMENTS OF THIS
SUBSECTION AND TO PROVIDE REPORTS UPON REQUEST OF THE ADMINISTRATION;

AND

(III) MAY NOT REQUEST DATABASE MATCHES MORE THAN FOUR
TIMES A YEAR;

12-202.

(a) (1) Subject to the provisions of paragraph (2) of this subsection, in any
proceeding to establish or modify child support, whether pendente lite or permanent, the
court shall use the child support guidelines set forth in this subtitle.

(2) (i) There is a rebuttable presumption that the amount of child
support which would result from the application of the child support guidelines set forth
in this subtitle is the correct amount of child support to be awarded.

(ii) The presumption may be rebutted by evidence that the application
of the guidelines would be unjust or inappropriate in a particular case.

(iii) In determining whether the application of the guidelines would be
unjust or inappropriate in a particular case, the court may consider:

1. the terms of any existing separation or property settlement
agreement or court order, including any provisions for payment of mortgages or marital
debts payment of college education expenses, the terms of any use and possession order
or right to occupy to the family home under an agreement, any direct payments made for
the benefit of the children required by agreement or order, or any other financial
considerations set out in an existing separation or property settlement agreement or court
order; and

2. the presence in the household of either parent of other
children to whom that parent owes a duty of support and the expenses for whom that
parent is directly contributing.

(iv) 1. If the court determines that the application of the guidelines
would be unjust or inappropriate in a particular case, the court shall make a written
finding or specific finding on the record-stating the reasons for departing from the
guidelines.

2. The court's finding shall state:

A. the amount of child support that would have been required
under the guidelines;

B. how the order varies from the guidelines;

C. how the finding serves the best interests of the child; and

D. in cases in which items of value are conveyed instead of a
portion of the support presumed under the guidelines, the estimated value of the items
conveyed.

- 3383 -