Maryland Administrative Code

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Earnings withholding notice” means a notice in a format prescribed by federal law issued by the administration to an employer requiring the employer to deduct support paym…

.03 Monitoring. The support enforcement agency shall review, at least once a month, the payment status of each case for which it is responsible.

.04 Enforcement of the Child Support Obligation. A. The support enforcement agency shall: (1) Enforce each obligation for which payment is delinquent in an amount equal to the support payment for 1 month; (2) Take appropriate enforcement action within 30 days of identifying a del…

.05 Methods of Child Support Enforcement. A. Earnings Withholding. The support enforcement agency shall issue an earnings withholding notice in accordance with COMAR 07.07.19 for: (1) Civil child support orders; and (2) Criminal nonsupport orders. B. Noncustodial Parent Contact. …

.06 Intergovernmental Enforcement. The support enforcement agency shall: A. Cooperate with child support enforcement agencies of other states to secure compliance with court orders for child support; B. Use all appropriate enforcement methods in intergovernmental cases that the s…

.01 Purpose and Scope. This chapter describes the responsibilities of the State Disbursement Unit (SDU) of the Administration for the collection, distribution, and disbursement of child support payments.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Distribution” means the application of collections to appropriate accounts as required by the Social Security Act and regulations issued under the Social Security Act. (2)…

.03 Responsibilities of SDU. A. The SDU is responsible for the collection, distribution, and disbursement of support payments ordered payable through a court, support enforcement agency, or the SDU. B. The Administration shall: (1) Maintain records of support payments: (a) Collec…

.04 Methods of Payment. A. The SDU may accept support payments made by check, credit card, money order, or electronic funds transfer. B. The appropriate support enforcement agency shall furnish a record of payment to a noncustodial or custodial parent upon request. C. Dishonored …

.05 Distribution and Disbursement of Support Payment Collections. A. The amount of child support collected and due shall be distributed and disbursed as required by the court order and the Social Security Act and regulations issued under the Social Security Act. B. The Administra…

.06 Undeliverable Payments. A. If the payor and the payee of a payment cannot be identified, the SDU shall: (1) Deposit the payment in the Administration's bank account; (2) Investigate the nature of the payment to properly distribute and disburse the payment; and (3) Document un…

.07 Record Retention. The SDU shall retain fiscal case records for each case for the latest of the following periods: A. 3 years from the closing of the case; B. The time of closing of any pending audit covering the records; C. 3 years after receipt of the latest federal tax refu…

.01 Purpose and Scope. A. This chapter establishes the procedures of the Child Support Administration for identifying and reporting certain delinquent child support obligors to the Comptroller for interception of: (1) State tax refunds; (2) Abandoned property; and (3) Any payment…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Abandoned property” means any personal property delivered to the Comptroller as abandoned by any person. (2) “Comptroller” means the Comptroller of the Treasury.

.03 Duties of the Administration. A. The Administration shall annually certify to the Comptroller child support obligations which are: (1) More than $150 in arrears; and (2) Owed on cases in which the obligee is receiving services under Title IV-D of the Social Security Act. B. T…

.04 Duties of the Comptroller of the Treasury. A. The Comptroller may not question the certifications of the Administration. B. The Comptroller shall compare the names certified by the Administration with persons who file tax returns and are entitled to a tax refund, not less oft…

.05 Investigation. A. Upon notice of certification, the obligor has a right to request an investigation by the Administration if the obligor disputes the existence or amount of the arrears. B. The Administration may decline to investigate a complaint under the following condition…

.06 Appeals. A. Appeal Rights and Restrictions. (1) A certified obligor has the right to appeal the intercept of all or part of the obligor’s tax refund, abandoned property, or any payment due to the obligor. (2) An appeal shall be conducted according to COMAR 07.01.04. (3) An ob…

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “IRS” means the Internal Revenue Service of the U.S. Department of the Treasury, which, under federal law, offsets income tax refunds against certain support obligation arr…

.02 Certification. A. The Administration shall certify to OCSE a noncustodial parent whose support obligation assigned to the State is in arrears $150 or more. B. The Administration shall certify to OCSE any non-TCA child support arrears which are not assigned to the State if the…

.03 Investigation. A. The noncustodial parent has a right to request an investigation by the Administration if the: (1) Noncustodial parent disputes the existence or amount of the arrears; and (2) Request is received by the Administration not later than 15 days after the date on …

.04 Appeals. A. A person who has been notified by IRS that all or part of the federal income tax refund has been offset for a support obligation arrearage certified by the Administration is entitled to an appeal. B. The appeal shall be conducted according to COMAR 07.01.04. C. Th…

.05 Distribution. If an amount is offset from a noncustodial parent owing certified non-TCA and TCA arrears, the intercepted amount shall be applied first to the TCA obligation, and if there is any amount remaining, to the non-TCA obligation.

.01 Definitions. A. In this chapter, the following term has the meaning indicated. B. Term Defined. “Agency” means the State Lottery Agency.

.02 Duties of the Administration. A. The Administration may periodically certify to the Agency any child support obligations which are $150 or more in arrears if the obligation is payable to the Administration or to another public support collection agency, and the arrears certif…

.03 Duties of the State Lottery Agency. A. The Agency may not question the certifications of the Administration. B. The Agency shall compare the names and Social Security numbers certified by the Administration with the names and Social Security numbers of persons who claim lotte…

.04 Appeals. A. Appeal Rights and Restrictions. (1) A certified noncustodial parent has the right to appeal the intercept of all or part of a lottery prize. (2) An appeal shall be conducted according to COMAR 07.01.04. (3) A noncustodial parent may claim on appeal that either the…

.01 Purpose. A. Under federal law, the Office of Child Support Enforcement (OCSE) computes and pays the State an incentive payment based on the efficiency and effectiveness of the State's child support enforcement program as measured by prescribed performance standards. B. Federa…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) Collections. (a) “Collections” means child support payments received and disbursed for cases within a subdivision's child support caseload. (b) “Collections” includes payme…

.03 Distribution of Incentives. A. The total amount of federal incentives earned by the State shall be allocated between the State and its local subdivisions. B. The Administration shall determine annually what portion of the total federal incentives shall be made available for d…

.04 Local Subdivision Participation in the Development of the Distribution Methodology. Before adoption of any change in the distribution methodology, the Administration shall submit a draft of the proposed methodology, including the projected fiscal impact of the change on indiv…

.05 Use of Incentives. A. A support enforcement agency shall expend incentives only for activities that contribute to the efficiency and effectiveness of the Statewide child support enforcement program, including: (1) Privatizing and outsourcing of child support enforcement servi…

.01 Definitions. A. In this chapter, the following term has the meaning indicated. B. Term Defined. “Consumer reporting agency” means any person or entity that, for monetary fees or dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice o…

.02 Disclosure. A. The Administration shall disclose to any consumer reporting agency information regarding an administrative or court-ordered support obligation owed by the noncustodial parent that: (1) Is payable to a support enforcement agency; and (2) Has arrears equal to or …

.03 Request for a Review. A. A noncustodial parent has a right to request that the Administration review the accuracy of the information that it intends to disclose to a consumer reporting agency. B. A request for a review is effective only if it is: (1) In writing; (2) Signed by…

.04 Correction of Information. If the Administration finds that it has supplied erroneous information to a consumer reporting agency concerning arrears owed by a noncustodial parent, the: A. Administration shall notify the consumer reporting agency; and B. Consumer reporting agen…

.05 Appeals. A. Appeal Rights and Restrictions. (1) A noncustodial parent has the right to appeal the decision made by the Administration to disclose to consumer reporting agencies information regarding an administrative or court-ordered support obligation. (2) An appeal shall be…

.01 Purpose and Scope. The purpose of these regulations is to describe the Voluntary Parentage Acknowledgment Program.

.02 Voluntary Parentage Acknowledgement Program. A. The Administration shall maintain and monitor a parentage acknowledgement program in cooperation with: (1) Hospitals; (2) The Maryland Department of Health, Division of Vital Records (MDH/DVR); and (3) Other participating entiti…

.03 Affidavit of Parentage. A. The Administration shall supply participating entities with a standardized affidavit of parentage form which provides the following information: (1) A statement that an executed affidavit of parentage is a legal document and constitutes a legal find…

.04 Establishment of Parentage Information. A. The Administration shall: (1) Maintain and stock informational brochures about the benefits of establishing parentage and the availability of child support services in Maryland; and (2) Provide the brochures to participating entities…

.01 Child Support Enforcement Privatization Program. A. A child support enforcement privatization program may operate in Baltimore City. B. The Secretary may contract with private companies to privatize any of the Department's child support enforcement functions, including: (1) L…

.02 Compliance with Program Standards. A. A private company contracted by the Department to provide child support enforcement services shall comply with: (1) Federal and State laws and regulations governing child support enforcement services under Title IV-D of the Social Securit…

.01 Purpose and Scope. This chapter sets out the procedures of the Child Support Administration for reporting to the Motor Vehicle Administration (MVA) non-custodial parents who owe child support arrears. The purpose of reporting the delinquent non-custodial parents to the MVA is…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “License” has the meaning stated in Transportation Article, §11-128, Annotated Code of Maryland. (2) “Motor Vehicle Administration (MVA)” means the Motor Vehicle Administra…

.03 Administration Referral to the MVA. A. The Administration may send to the MVA information regarding child support cases in which: (1) The Administration is providing services under Title IV-D of the Social Security Act, 42 USC §651 et seq.; and (2) The obligor is 60 days or m…

.04 Arrearage Payment Schedule Agreement. A. An noncustodial parent may contact the support enforcement agency to arrange a written arrearage payment schedule agreement. B. The support enforcement agency and the noncustodial parent shall attempt to negotiate a mutually acceptable…

.05 Noncustodial Parent's Request for an Investigation. A. A noncustodial parent may contest the Administration's proposed action by requesting an investigation. B. A request for an investigation shall be effective only if it is: (1) In writing; (2) Signed by the noncustodial par…

.06 Appeals. A. A noncustodial parent has the right to appeal to OAH the Administration's proposed action. B. An appeal shall be conducted according to COMAR 07.01.04. C. A noncustodial parent may not appeal except on a claim specified in Regulation .05C of this chapter. D. Remed…

.07 Reinstatement of Noncustodial Parent's Driver's License. The noncustodial parent is eligible for driver's license reinstatement when the: A. Noncustodial parent has paid the arrearage in full; B. Noncustodial parent has paid the administrative or court-ordered amount of suppo…