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§ 12-101. Retroactive child support; required statement; medical and hospital expenses

West's Annotated Code of MarylandFamily Law

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 12. Child Support (Refs & Annos)
Subtitle 1. General Provisions (Refs & Annos)
MD Code, Family Law, § 12-101
§ 12-101. Retroactive child support; required statement; medical and hospital expenses
Child support from filing of pleading
(a)(1) Unless the court finds from the evidence that the amount of the award will produce an inequitable result, for an initial pleading that requests child support pendente lite, the court shall award child support for a period from the filing of the pleading that requests child support.
(2) Notwithstanding paragraph (1) of this subsection, unless the court finds from the evidence that the amount of the award will produce an inequitable result, for an initial pleading filed by a child support agency that requests child support, the court shall award child support for a period from the filing of the pleading that requests child support.
(3) For any other pleading that requests child support, the court may award child support for a period from the filing of the pleading that requests child support.
Credit for payments
(b) The court shall give credit for payments that the court finds have been made during the period beginning from the filing of the pleading that requests child support.
Required statement; change of address or employment
(c) Any support order or modification of a support order that is passed on or after July 1, 1997 shall include a statement that:
(1) each party is required to notify the court and any support enforcement agency ordered to receive payments, within 10 days of any change of address or employment; and
(2) failure to comply with paragraph (1) of this subsection may result in a party not receiving notice of the initiation of a proceeding to modify or enforce a support order.
Medical and hospital expenses
(d)(1) The court may order either parent to pay all or part of:
(i) the mother's medical and hospital expenses for pregnancy, confinement, and recovery; and
(ii) medical support for the child, including neonatal expenses.
(2) Subject to the right of any party to subpoena a custodian of records at least 10 days before trial, any records relating to the cost of the mother's medical and hospital expenses for pregnancy, childbirth, and recovery and any neonatal expenses of the child shall be admissible in evidence without the presence of a custodian of record and shall constitute prima facie evidence of the amount of expenses incurred.

Credits

Added by Acts 1984, c. 204, § 2, eff. Oct. 1, 1984. Amended by Acts 1989, c. 2, § 1, eff. Feb. 24, 1989; Acts 1993, c. 366, § 1, eff. Oct. 1, 1993; Acts 1994, c. 113, § 2, eff. Oct. 1, 1994; Acts 1997, c. 609, § 1, eff. July 1, 1997.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
1984 Legislation
Acts 1984, c. 204, § 2, and Acts 1984, c. 400, § 2, both added § 12-101. The section added by Acts 1984, c. 204, § 2, related to the court's power to award child support, has been designated as Family Law § 12-101. The section added by Acts 1984, c. 400, § 2, related to health insurance policies, has been designated as Family Law § 12-102.
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.”
Prior Laws:
Family Law § 12-101, added by Acts 1984, c. 296, § 2, related to costs and counsel fees, renumbered as Family Law § 12-102 by Acts 1984, c. 204, § 1, eff. Oct. 1, 1984.
MD Code, Family Law, § 12-101, MD FAMILY § 12-101
Current through all legislation from the 2018 Regular Session of the General Assembly
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