In deciding whether to grant the petition, the court shall consider the standards set forth in Code, Courts Article, § 5-1102 and Internal Revenue Code, § 5891 (b)(2)(A), and make an express finding upon a preponderance of the evidence as to each and whether the payee's consent is knowing and voluntary.

Committee note: Internal Revenue Code, § 5891 (b)(2) requires that, to avoid imposition of an excise tax on the transfer of structured settlement payment rights, there must be a final order of a court that finds that the transfer (i) does not contravene any federal or state statute or order of any court or responsible administrative authority, and (ii) is in the best interest of the payee, taking into account the welfare and support of the payee's dependents.

Source: This Rule is new.