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§ 10-319. Support enforcement agency

West's Annotated Code of MarylandFamily LawEffective: July 1, 2015

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 10. Support in General (Refs & Annos)
Subtitle 3. Maryland Uniform Interstate Family Support Act (Refs & Annos)
Part III. Civil Provisions of General Application (Refs & Annos)
Effective: July 1, 2015
MD Code, Family Law, § 10-319
§ 10-319. Support enforcement agency
In general
(a) In a proceeding under this subtitle, a support enforcement agency of this State, on request:
(1) shall provide services to a plaintiff residing in a state;
(2) shall provide services to a plaintiff requesting services through a central authority of a foreign country as described in § 10-301(f)(1) or (4) of this subtitle; and
(3) may provide services to a plaintiff who is an individual not residing in a state.
Duties of support enforcement agency
(b) A support enforcement agency of this State that is providing services to the plaintiff shall:
(1) take all steps necessary to enable an appropriate tribunal of this State, another state, or a foreign country to obtain jurisdiction over the defendant;
(2) request an appropriate tribunal to set a date, time, and place for a hearing;
(3) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;
(4) within 2 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the plaintiff;
(5) within 2 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of communication in a record from the defendant or the defendant's attorney, send a copy of the communication to the plaintiff; and
(6) notify the plaintiff if jurisdiction over the defendant cannot be obtained.
Requesting registration of a child support order
(c) A support enforcement agency of this State that requests registration of a child support order in this State for enforcement or for modification shall make reasonable efforts to ensure that:
(1) the order to be registered is the controlling order; or
(2) if two or more child support orders exist and the identity of the controlling order has not been determined, a request for a determination of the controlling order is made in a tribunal having jurisdiction to do so.
Foreign currency
(d) A support enforcement agency of this State that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amount stated in the foreign currency into the equivalent amount in dollars under the applicable official market exchange rate as publicly reported.
Applicability of § 10-331
(e) A support enforcement agency of this State shall request a tribunal of this State to issue a child support order and an income withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to § 10-331 of this subtitle.
Attorney-client relationship
(f) This subtitle does not create a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency. The attorney representing the support enforcement agency shall advise the person being assisted by the agency that the attorney's representation of the Administration does not create an attorney-client relationship between the attorney and that person.

Credits

Added as Family Law § 10-317 by Acts 1996, c. 667, § 2, eff. Jan. 1, 1997. Renumbered as Family Law § 10-319 by Acts 1997, c. 609, § 1, eff. July 1, 1997. Amended by Acts 1997, c. 609, § 1, eff. July 1, 1997; Acts 2008, c. 522, § 1, eff. Oct. 1, 2008; Acts 2015, c. 308, § 2, eff. July 1, 2015.
MD Code, Family Law, § 10-319, MD FAMILY § 10-319
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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