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§ 10-138. Service of earnings withholding order upon obligor's request; other proceedings

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, § 10-138
§ 10-138. Service of earnings withholding order upon obligor's request; other proceedings
Service of earnings withholding order upon obligor's request
(a) Upon request of the obligor, the court shall immediately authorize service of an earnings withholding order.
Conditions to issue an earnings withholding order
(b) Notwithstanding any other provision of this Part III, a court may at any time issue an earnings withholding order, in a contempt or other proceeding, if:
(1) the recipient or the support enforcement agency has filed a petition that includes a request for an earnings withholding order; and
(2) the obligor is in arrears in support payments of more than 30 days.
Hearing
(c) A hearing shall be held if the obligor appears and contests the issuance of the order.
Amount of wage withholding
(d) The amount of the wage withholding order entered under this subsection:
(1) shall be enough to pay the support as originally entered by the court; and
(2) may include a part of the arrearage.

Credits

Added as Family Law § 10-135 by Acts 1987, c. 150, § 1, eff. July 1, 1987. Renumbered as Family Law § 10-136 by Acts 1991, c. 37, § 1, eff. April 9, 1991. Amended by Acts 1991, c. 37, § 1, eff. April 9, 1991. Renumbered as Family Law § 10-138 by Acts 2001, c. 299, § 1, eff. Oct. 1, 2001.
MD Code, Family Law, § 10-138, MD FAMILY § 10-138
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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