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§ 10-123. Authorization to serve earnings withholding order

West's Annotated Code of MarylandFamily Law

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 10. Support in General (Refs & Annos)
Subtitle 1. Civil and Criminal Enforcement (Refs & Annos)
Part III. Child and Spousal Support--Earnings Withholding (Refs & Annos)
MD Code, Family Law, § 10-123
§ 10-123. Authorization to serve earnings withholding order
Immediate authorization to serve earnings withholding order
(a) Except as otherwise provided for in this section and notwithstanding any other provision of this Part III, a court shall immediately authorize service of an earnings withholding order when:
(1)(i) a support order or modification of support order is passed on or after April 9, 1991;
(ii) a case is being enforced by a support enforcement agency; and
(iii) the recipient or support enforcement agency requests service of an earnings withholding order; or
(2) the Maryland Department of Health requests service of an earnings withholding order for court ordered medical support.
Earnings withholding order effective on date of child support order
(b) Except as provided in subsection (d) of this section, for all child support orders that are initially issued in the State on or after January 1, 1994, regardless of whether child support payments are in arrears, a court shall immediately authorize service of an earnings withholding order on the effective date of the order.
Payments through the State disbursement unit
(c) When a court orders immediate service of an earnings withholding order on or after July 1, 1994, the court shall order payments through the State disbursement unit.
Exceptions
(d) A court may not authorize the immediate service of an earnings withholding order if:
(1) any party demonstrates, and the court finds, that there is good cause to not require immediate earnings withholding; or
(2) the court approves of the terms of a written agreement of the parties providing for an alternative method of payment.
Employer to receive copy of earnings withholding order
(e) If the court authorizes the immediate service of an earnings withholding order, the court shall immediately cause a copy of the earnings withholding order to be served on any employer of the obligor.

Credits

Added as Family Law § 10-122 by Acts 1991, c. 37, § 1, eff. July 1, 1991. Amended by Acts 1993, c. 197, § 1, eff. Oct. 1, 1993; Acts 1994, c. 113, § 1, eff. July 1, 1994. Renumbered as Family Law § 10-123 by Acts 2001, c. 299, § 2, eff. Oct. 1, 2001. Amended by Acts 2001, c. 299, § 2, eff. Oct. 1, 2001; Acts 2003, c. 118, § 1, eff. April 22, 2003; Acts 2017, c. 62, § 6.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
1994 Legislation
Acts 1994, c. 113, §§ 3 and 4, provide:
“SECTION 3. AND BE IT FURTHER ENACTED, That the provisions in Sections 1 and 2 of this Act shall be construed only prospectively and may not be interpreted to have any retroactive effect on any child support orders issued or modified before the effective dates of this Act.
“SECTION 4. AND BE IT FURTHER ENACTED, That if any provision of this Act or the application thereof to any person or circumstance is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions or any other application of this Act which can be given effect without the invalid provision or application, and for this purpose the provisions of this Act are declared severable.”
2001 Legislation
Acts 2001, c. 299, § 2, rewrote subsec. (c)(1)(i), which previously read:
“(i) through a support enforcement agency; or”
2003 Legislation
Acts 2003, c. 118, § 1, rewrote subsec. (c), which previously read:
“(c)(1) Except as provided in paragraph (2) of this subsection, when a court orders immediate service of an earnings withholding order on or after July 1, 1994, the court shall order payments:
“(i) In a case in which the Administration is providing support services, through the State disbursement unit; or
“(ii) Directly to the obligee's bank account.
“(2) A party may request and the court may order that an employer send payments directly to the obligee.”
2017 Legislation
Acts 2017, c. 62, § 6, in (a)(2), substituted “Maryland Department of Health” for “Department of Health and Mental Hygiene”.
Prior Laws:
Family Law § 10-123, added by Acts 1984, c. 296, § 2, related to service and effect of orders for liens on earnings, repealed by Acts 1985, c. 329, § 1, eff. July 1, 1985.
Family Law § 10-123, added by Acts 1985, c. 329, § 1, related to requests for service of earnings withholding orders, renumbered as Family Law § 10-124 by Acts 1991, c. 37, § 1, eff. April 9, 1991.
Family Law § 10-123, added as Family Law § 10-122 by Acts 1985, c. 329, § 1, renumbered as Family Law § 10-123 by Acts 1991, c. 37, § 1, amended by Acts 1991, c. 37, § 1, related to requirements for service of earnings withholding orders, renumbered as Family Law § 10-125 by Acts 2001, c. 299, § 2, eff. Oct. 1, 2001.
MD Code, Family Law, § 10-123, MD FAMILY § 10-123
Current through all legislation from the 2019 Regular Session of the General Assembly.
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