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§ 10-128. Contents and effect of earnings withholding order or notice

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, § 10-128
§ 10-128. Contents and effect of earnings withholding order or notice
Contents of notice sent to obligor's employer
(a) An earnings withholding order or an earnings withholding notice sent to the obligor's employer shall:
(1) be a separate document, and not include any other orders or pleadings; and
(2) include only the following information:
(i) the amount to be withheld from the obligor's earnings including explanation of the application of the federal Consumer Credit Protection Act1 limits;
(ii) that subject to further orders of the tribunal, the employer is required to withhold the stated amount on a regular and continuing basis commencing on the beginning of the next pay period after receipt of the earnings withholding order or the earnings withholding notice;
(iii) that the employer may deduct and retain from the employee's earnings an additional $2 for each deduction made under the earnings withholding order or earnings withholding notice;
(iv) that the net amount withheld is to be sent promptly to the State disbursement unit; and
(v) any other information that the employer needs to comply with the earnings withholding order or earnings withholding notice.
Order is binding
(b) An earnings withholding order or earnings withholding notice is binding on each present and future employer of the obligor on whom a copy of the earnings withholding order or earnings withholding notice is served.
Priority
(c) Subject to federal law, an earnings withholding order or earnings withholding notice under this Part III of this subtitle has priority over any other lien or legal process.
Penalty
(d) The copy of the earnings withholding order or earnings withholding notice served on the employer of the obligor shall contain a statement that upon willful violation of the earnings withholding order or earnings withholding notice the employer shall be subject to civil penalties.

Credits

Added as Family Law § 10-125 by Acts 1985, c. 329, § 1, eff. July 1, 1985. Renumbered as Family Law § 10-126 by Acts 1991, c. 37, § 1, eff. April 9, 1991. Renumbered as Family Law § 10-128 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.

Footnotes

Pub.L. 90-321, May 29, 1968, 82 Stat. 146, codified at 15 U.S.C.A. § 1601 et seq.
MD Code, Family Law, § 10-128, MD FAMILY § 10-128
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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