Maryland Administrative Code

.08 Notification to the MVA. The Administration shall notify the MVA when the noncustodial parent satisfies the reinstatement criteria cited in Regulation .07 of this chapter.

.01 Purpose. This chapter establishes the procedures for identifying and reporting certain delinquent obligors of child support to a licensing authority for the purpose of suspension or denial of the obligor's license necessary to practice or engage in a business, occupation, or …

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Arrearage” means unpaid and past due child support payments owed under a court order. (2) “Days” means calendar days except when business days are specified. (3) “License”…

.03 Administration's Request for License Information. A. The Administration may request information under this chapter from a licensing authority concerning an obligor who is in arrears amounting to more than 120 days under the most recent court order that is payable through a su…

.04 Licensing Authority's Responsibility for Information. A. Upon request from the Administration, a licensing authority shall submit to the Administration information regarding an obligor who is licensed by or has applied for a license from the licensing authority. The licensing…

.05 Administration's Request to Suspend or Deny License. A. Except as provided in Regulations .06 and .08 of this chapter, the Administration may request a licensing authority to suspend or deny an obligor's license if the obligor is in arrears amounting to more than 120 days und…

.06 When Licensing Authority is the Court of Appeals. A. If an individual meets the criteria specified in Regulation .03 of this chapter and holds a license issued by the Court of Appeals, the Administration may make a referral to the Attorney Grievance Commission of Maryland for…

.07 Administration's Notice to Obligor of Request to Suspend or Deny License. A. The Administration shall send written notice of the proposed action to the obligor at the obligor's last known address at least 30 days before: (1) Requesting a licensing authority to suspend or deny…

.08 Prohibition of Administration's Request to Suspend or Deny a License. The Administration may not request a licensing authority to suspend or deny a license or make a referral under Regulation .06 of this chapter if: A. The Administration has entered into an arrearage payment …

.09 Arrearage Payment Schedule Agreement. A. An obligor may contact the support enforcement agency to arrange a written arrearage payment schedule agreement. B. The support enforcement agency shall attempt to negotiate with the obligor to reach a mutually acceptable agreement. C.…

.10 Obligor's Request for an Investigation. A. An obligor may request that the Administration investigate the accuracy of the Administration's records regarding the support obligation and the arrears. B. A request for an investigation is effective only if it is: (1) In writing; (…

.11 Administration's Responsibility for Investigation. A. Upon receipt of a written request for an investigation, the Administration shall: (1) Conduct an investigation; (2) Use the date of receipt of the request as the date of: (a) Determination of the support obligation amount,…

.12 Obligor's Appeal of Administration's Decision to OAH. A. An obligor may appeal to OAH the Administration's decision to request a licensing authority to suspend or deny the obligor's license. B. The obligor may appeal the decision only on a claim that the: (1) Support order do…

.13 Licensing Authority's Responsibility for Suspension or Denial of License. A. Upon request from the Administration, the licensing authority shall: (1) Suspend the obligor's license; or (2) Deny the license of the obligor who is an applicant for a license from the licensing aut…

.14 Obligor's Appeal of License Suspension or Denial. A. An obligor may appeal the licensing authority's decision to suspend or deny the obligor's license by filing a signed written appeal, within 30 days of the date of the licensing authority's notice of suspension, with the lic…

.15 Administration's Request to Reinstate Obligor's License. The Administration shall notify the licensing authority to reinstate any license suspended or denied within 10 days after the: A. Administration receives a court order to reinstate the suspended license; B. Obligor pays…

.16 Licensing Authority's Reinstatement of Obligor's License. A. The licensing authority shall reinstate the license of an obligor within 1 business day upon receipt of a: (1) Notice from the Administration requesting reinstatement; or (2) Court order: (a) Directing the licensing…

.01 Purpose and Scope. A. This chapter establishes the procedures of the Child Support Administration for identifying and reporting certain delinquent obligors of child support to the federal Office of Child Support Enforcement (OCSE) for the denial, revocation, or limitation of …

.02 Notice of Certification for Passport Denial or Revocation. A. The Administration shall certify to OCSE an obligor whose support obligation arrearage exceeds $2,500. B. The Administration shall send written notice of the certification to the obligor at the obligor's last known…

.03 Obligor's Request for Investigation. A. Upon notice of certification, an obligor may request that the Administration investigate the accuracy of the records regarding the: (1) Support obligation; and (2) Arrears. B. A request for an investigation is effective if it is: (1) In…

.04 Administration's Response to Investigation Request. A. Upon receipt of a timely request for an investigation, the Administration shall: (1) Use the date of receipt of the written request for an investigation as the: (a) Date of determination of the support obligation amount, …

.05 Obligor's Appeal of Passport Denial or Revocation. A. The State Department of the United States will notify an obligor when the obligor's passport has been denied, revoked, or limited. B. Within 30 days of receipt of the State Department's notice, the obligor may appeal the A…

.06 Administration's Request to Withdraw Passport Denial. The Administration shall request that the Office of Child Support Enforcement withdraw the passport denial if the: A. Administration has received a court order to withdraw the passport denial; B. Obligor has: (1) Paid the …

.01 Purpose and Scope. This chapter establishes the procedures of the Child Support Administration for identifying and reporting certain delinquent obligors of child support to the federal Office of Child Support Enforcement (OCSE) for the offset of certain federal payments.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Financial Management Services (FMS)” means the unit of the U.S. Department of the Treasury, which, under federal law, offsets certain federal payments to satisfy support o…

.03 Certification. A. The Administration shall certify to OCSE support arrears which are: (1) Assigned to the State if the arrears are $150 or more; and (2) Not assigned to the State if the: (a) Amount of arrears equals or exceeds $500; (b) Obligation is payable to a support enfo…

.04 Request for Investigation. A. Upon notice of certification, an obligor may request that the Administration investigate the accuracy of the Administration's records regarding the support obligation and arrears. B. A request for an investigation is effective if it is: (1) In wr…

.05 Administration's Response to Investigation Request. A. Upon receipt of a timely request for an investigation, the Administration shall: (1) Conduct an investigation; (2) Review any documents submitted by the obligor; (3) Calculate the arrears owed as of the date of the invest…

.06 Appeals. A. FMS notifies an obligor in writing when all or part of the obligor's federal payment has been offset. B. Within 30 days of receipt of the notice from FMS, the obligor may appeal the offset of the federal payment. C. The appeal may be based only on a claim: (1) Tha…

.01 Purpose and Scope. This chapter establishes the procedures of the Child Support Administration for: A. Issuing an administrative earnings withholding notice to an employer of an obligor; B. Determining the amount of arrears to be withheld by the employer; and C. Providing the…

.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 Issuance of an Earnings Withholding Notice by the Administration. A. The Administration may issue an earnings withholding notice if a tribunal has issued a support order subjecting the obligor to earnings withholding, and either: (1) The Administration is providing child supp…

.04 Amount of Earnings to be Withheld. A. The Administration shall: (1) Determine the total amount to be withheld from the obligor's earnings pursuant to Family Law Article, §10-122, Annotated Code of Maryland; and (2) Specify the amount to be withheld in the earnings withholding…

.05 Service of Earnings Withholding Notice. A. The Administration shall serve an employer with an earnings withholding notice by: (1) First class mail; (2) Certified mail; or (3) Electronic format, if the employer has entered into an agreement with the Administration to accept se…

.06 Responsibilities of Employer. A. Upon receipt of an earnings withholding notice, an employer shall, beginning with the next pay period after receipt of the notice: (1) Deduct the amount of the withholding from the obligor's earnings on a regular basis; and (2) Send the deduct…

.07 Amendment or Termination of Withholding. A. The Administration shall issue an amended earnings withholding notice to an obligor's employer when: (1) The support obligation changes; (2) The Administration changes the amount to be paid toward the arrears; or (3) All arrears hav…

.08 Effect of the Earnings Withholding Notice. A. An earnings withholding notice sent to an employer is sufficient to order withholding. B. An earnings withholding notice is binding on each present and future employer on whom a copy of the earnings withholding notice is served.

.09 Right to Contest. An obligor may contest the accuracy of the information contained in an earnings withholding notice by filing a: A. Request for an investigation with the Administration within 15 days of the date the earnings withholding notice was mailed to the obligor under…

.10 Grounds for Contest. A. The grounds for contest shall be limited to the accuracy of the earnings withholding notice. The obligor may contest: (1) The existence of an arrearage; (2) The amount of the withholding or the amount of any arrearage; (3) The identity of the obligor; …

.11 Procedures for Administrative Contest; Investigation. A. An obligor may contest the accuracy of the information provided in the earnings withholding notice by requesting an investigation. B. A request for an investigation is effective only if it is: (1) In writing; (2) Signed…

.12 Appeal of Investigation Results to the Office of Administrative Hearings (OAH). A. The obligor may appeal the results of the Administration's investigation to OAH. B. The only issues that may be appealed to OAH are those in Regulation .10 of this chapter. C. The appeal to OAH…

.01 Purpose and Scope. The purpose of this chapter is to: A. Establish the procedures of the Child Support Administration for issuing a national medical support notice (NMSN) to an employer of a parent who is obligated under a child support order to provide medical support for th…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Child support order” means an order issued by a tribunal establishing a parent's obligation to pay child support or provide medical support for a child. (2) “Health insura…

.03 Issuance of an NMSN by the Administration. A. The Administration shall issue an NMSN for any child support case in which: (1) An individual is receiving services under Title IV-D of the Social Security Act; (2) A tribunal has ordered the obligated parent to include the child …

.04 Service of NMSN on an Employer. A. The Administration shall serve an employer with an NMSN by first class mail. B. The Administration may issue an NMSN separate from or in conjunction with an earnings withholding order or an earnings withholding notice. C. When the Administra…

.05 Processing the NMSN. A. Within 20 business days of receipt of the NMSN, the employer shall: (1) Complete and forward Part A of the NMSN to the Administration if: (a) The employer does not maintain or contribute to plans providing dependent or family health care coverage; (b) …

.06 Limitation on Earnings to be Withheld. A. The amount of an employee's contribution for health insurance coverage to be withheld by an employer may not exceed the lesser of the amount: (1) Specified in the underlying child support order; or (2) Allowed by the limits of the Fed…

.07 Administration's Selection of a Plan. A. If the insurer sends written notice to the Administration that the obligated parent is eligible for more than one health insurance plan, and the parent is not enrolled in any plan that provides dependent coverage, the Administration sh…

.08 Penalties for Employer and Insurer. A parent or the Administration may take civil action against an employer or insurer who fails to comply with the provisions of the NMSN without good cause.

.09 Investigation. A. An obligated parent shall have one opportunity to contest the withholding of earnings for the cost of health care coverage for a child enrolled in the plan pursuant to an NMSN, based on a mistake of fact, by requesting an investigation. B. A request for an i…