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§ 12-104.1. Incarceration of child support obligors

West's Annotated Code of MarylandFamily LawEffective: October 1, 2020

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 12. Child Support (Refs & Annos)
Subtitle 1. General Provisions (Refs & Annos)
Effective: October 1, 2020
MD Code, Family Law, § 12-104.1
§ 12-104.1. Incarceration of child support obligors
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Administration” has the meaning stated in § 10-101 of this article.
(3) “Obligee” has the meaning stated in § 10-101 of this article.
(4) “Obligor” has the meaning stated in § 10-101 of this article.
Status of payments and arrearages
(b) A child support payment is not past due and arrearages may not accrue during any period when the obligor is incarcerated, and continuing for 60 days after the obligor's release from confinement, if:
(1) the obligor was sentenced to a term of imprisonment of 180 consecutive calendar days or more;
(2) the obligor is not on work release and has insufficient resources with which to make payment; and
(3) the obligor did not commit the crime with the intent of being incarcerated or otherwise becoming impoverished.
Child support services under Social Security Act
(c)(1) In any case in which the Administration is providing child support services under Title IV, Part D of the Social Security Act, the Administration may, without the necessity of any motion being filed with the court, adjust an incarcerated obligor's payment account to reflect the suspension of the accrual of arrearages under subsection (b) of this section.
(2) Before making an adjustment under paragraph (1) of this subsection, the Administration shall send written notice of the proposed action to the obligee, including the obligee's right to object to the proposed action and an explanation of the procedures for filing an objection.

Credits

Added by Acts 2012, c. 670, § 1, eff. Oct. 1, 2012. Amended by Acts 2020, c. 121, § 1, eff. Oct. 1, 2020; Acts 2020, c. 122, § 1, eff. Oct. 1, 2020.
MD Code, Family Law, § 12-104.1, MD FAMILY § 12-104.1
Current through all legislation from the 2020 Regular Session of the General Assembly.
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