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Session Laws, 2004
Volume 801, Page 2018   View pdf image
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Ch. 435                                    2004 LAWS OF MARYLAND

(1)     (i) a tribunal has issued a support order; and

(ii) the Administration is providing child support services under
Title IV, Part D, of the Social Security Act; or

(2)     an obligor requests the service of an earnings withholding notice.

(b)     The Administration may serve an employer with an earnings withholding
notice using an electronic format if the employer has entered into an agreement with
the Administration to accept service of an earnings withholding notice in this manner.

(c)     When the Administration serves an employer with an earnings
withholding notice under this section, the Administration shall send to the obligor, by
[certified mail, return receipt requested, and] first-class mail, at the obligor's last
known home address or, if the home address is unknown, the and place of
employment last reported to the court:

(1)     a copy of the earnings withholding notice;

(2)     a statement of the procedures under § 10-134 of this subtitle that the
obligor must follow to terminate earnings withholding;

(3)     a statement of the obligor's right to contest the accuracy of the
information provided in the earnings withholding notice by filing a motion for a stay
of the earnings withholding notice in circuit court or requesting an investigation no
later than 15 30 days after a copy of the withholding notice is mailed to the obligor
under this section; and

(4)     a statement of the amount of arrears apportioned to each payment
that is to be included in the amount of earnings withheld under § 10-122 of this
subtitle.

(d)     The only issues that may be adjudicated at a hearing or contested in an
investigation under subsection (c)(3) of this section are:

(1)     whether an arrearage existed;

(2)     the amount of the withholding or the amount of any arrearage;

(3)     the identity of the obligor; or

(4)     that the amount of the withholding notice exceeds the limits of the
federal Consumer Credit Protection Act.

(e)     (1) If an obligor requests an investigation, the Administration shall:

(i) conduct an investigation within 15 days after the obligor's
request; and

(ii) on completion of the investigation, notify the obligor of the
results of the investigation and the obligor's right to appeal the decision of the
Administration to the Office of Administrative Hearings.

- 2018 -

 

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Session Laws, 2004
Volume 801, Page 2018   View pdf image
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