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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.
MD Code, Family Law, § 10-123, MD FAMILY § 10-123
Current through legislation effective July 1, 2020, from the 2020 Regular Session of the General Assembly.
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