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Martin O'Malley, Governor
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Ch. 16
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Article - Family Law
10-112.
(a) (1) Subject to the best interest of the child, if the Administration
considers it to be in the best interest of this State in a case in which an assignment
has been made under Article 88A, § 50(b)(2) of the Code, the Administration may
accept in full settlement of an arrearage' in child support payments an amount that is
less than the total arrearage.
(2) On request of the Administration, a court may approve by order an
amount that is less than the total arrearage as full settlement of the arrearage.
(b) (1) In a case in which an assignment has been made under Article
88A, § 50(b)(2) of the Code, there is a presumption that it is in the best interest of this
State for the Administration to accept in full settlement of an arrearage in child
support payments an amount that is less than the total arrearage if:
(i) 1. the obligor, the individual who has made an
assignment under Article 88A, § 50(b)(2) of the Code, and the child who is the subject
of the support order have resided together for at least the 12 months immediately
preceding a request for settlement under this section; or
2. the obligor and the child who is the subject of the
support order have resided together for at least the 12 months immediately preceding
a request for settlement under this section, and the individual who has made an
assignment under Article 88A, § 50(b)(2) of the Code is deceased, incapacitated, or
otherwise unavailable to reside with the obligor and the child;
(ii) the obligor has been supporting the child for at least the 12
months immediately preceding a request for settlement under this section; and
(iii) the gross income of the obligor is less than 225 percent of the
federal poverty level, as defined by the United States Department of Health and
Human Services.
(2) For purposes of paragraph (1)(i)2 of this subsection, an individual
who has made an assignment under Article 88A, § 50(b)(2) of the Code may not be
considered incapacitated or otherwise unavailable due solely to a change in legal or
physical custody of the child.
(3) (i) If the Administration does not accept in full settlement of an
arrearage in child support payments an amount that is less than the total arrearage
under this subsection, the Administration shall notify the obligor of the decision and of
the obligor's right to appeal the decision to the Office of Administrative Hearings.
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