This chapter provides definitions of terms used throughout COMAR 07.07. Specialized definitions may be included in individual chapters in this subtitle. In this subtitle, the following terms have the meanings indicated. Terms Defined. “Accessible” means health insurance coverage that insures primary care services located within the lesser of 30 miles or 30 minutes from the child's primary residence. “Administration” means the Child Support Administration of the Department of Human Services. “Administrative law judge” means an administrative law judge of the Office of Administrative Hearings. “Arrearage payment schedule agreement” means an agreement between the Administration and the obligor regarding a payment schedule for the obligor's child support arrearage. “Cash medical support” means an amount paid: Toward the cost of health insurance provided by a public entity, or one or both parents through employment, or otherwise; or For other medical costs not covered by insurance, including extraordinary medical expenses. “Certify” means to furnish the name, other identification, and amount of arrearage of an individual owing a delinquent support obligation for: A federal income tax refund or offset; An administrative offset of certain federal payments: A State tax refund intercept; A lottery intercept; Abandoned property; Any payment due to the obligor; or The purpose of denying, revoking, or restricting a passport. “County” means a county of the State or Baltimore City. “Current support” means the amount of monetary support owed, on behalf of a child, spouse, or former spouse, on a regular interval as specified by a court. “Custodial parent” means the parent or relative who resides in the primary home with the child entitled to support. “Department” means the Department of Human Services. “Earnings” has the meaning stated in Family Law Article, §10-101, Annotated Code of Maryland. “Earnings withholding” means a court order or other legal process directed at an employer to withhold support from the earnings of an individual. “Employer” means any person or governmental entity who is paying earnings to an obligor. “FIA” means the Family Investment Administration of the Department. “Foster care” means a program under the Social Services Administration that provides maintenance payments for children who: Live apart from their parents; and Are legally placed in the care of the local department. “Initiating state” means a state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under the Uniform Interstate Family Support Act (UIFSA) or a substantially similar law. “Intercept” means the action of the: State Comptroller in withholding all or a part of: A State income tax refund due a taxpayer; Abandoned property; or Any payment due to the obligor; or State Lottery Agency withholding all or part of a lottery prize due an obligor and remitting the monies to the Administration. “Maryland Central Registry” means the unit in the Administration that coordinates requests for support enforcement in intergovernmental cases. “Local department” means a department of social services in a county or Baltimore City, and the Montgomery County Department of Health and Human Services. “Long-arm statute” means a law that allows a court in one state to exercise personal jurisdiction over an individual who resides in another state. “Medical Assistance” means a federal program that assists individuals with medical expenses. “Medical Assistance recoveries” means court-ordered payments to repay the State for medical assistance to a family or individual. “Noncustodial parent” means a parent who resides outside the primary home of the child. “Non-TCA arrears” means arrears owed to an obligee which are not assigned to the State. “Non-TCA obligee” means an individual who: Does not receive TCA; and Is owed a duty of support under a court order. “Obligee” means an individual to whom support is owed under a court order. “Obligor” means an individual who is required to pay support under a court order. “Office of Administrative Hearings (OAH)” means the unit within the Executive Branch established by State Government Article, §9-1602, Annotated Code of Maryland. “Office of Child Support Enforcement (OCSE)” means the federal agency under the U.S. Department of Health and Human Services responsible for overseeing the federal Child Support Enforcement Program. “Prosecutor” means a State's attorney or an attorney appointed by the Attorney General providing legal representation to the Administration to establish, modify, and enforce support orders. “Purchase of Child Care” means the program administered by the Maryland State Department of Education which provides a subsidy for child care to eligible families. “Reasonable in cost” means the cost of cash medical support, the cost of adding the child to existing health insurance coverage, or the difference between self-only and family coverage, ordered in an amount not to exceed 5 percent of the actual income of the parent. “Responding state” means a state in which a proceeding is filed or to which a proceeding is forwarded for filing from an initiating state under the Uniform Interstate Family Support Act or a substantially similar law. “Service of process” means delivery to a party of a document commencing a legal proceeding in the manner required by the rules of the court. “State Disbursement Unit” means the unit in the Administration that collects and disburses support payments as required under Family Law Article, §10-108.5, Annotated Code of Maryland. “Support” means child support or spousal support. “Support enforcement agency” means the Administration, a local department, or a local support enforcement office. “Support obligated amount” means the amount of court-ordered support due in a month. “Temporary Cash Assistance (TCA)” means a program under COMAR 07.03.03 that provides cash assistance to families under Title IV-A of the Social Security Act. “TCA obligee” means an individual who receives TCA and who is owed a duty of support under a court order. “UIFSA” means the Maryland Uniform Interstate Family Support Act under Family Law Article, Title 10, Subtitle 3, Annotated Code of Maryland. Family Law Article, §§10-113, 10-113.2, 10-114, and 12-102, Annotated Code of Maryland;Agency Note: Federal Regulatory Reference — 45 CFR §303.7(b) Effective date: July 9, 1975 (2:15 Md. R. 1067) Regulations .02 and .03 amended effective August 31, 1977 (3:18 Md. R. 1394) Regulation .08 adopted effective January 5, 1977 (4:1 Md. R. 17) Chapter recodified from COMAR 07.03.11 to 07.07.01 effective September 14, 1977 (4:19 Md. R. 1466) Chapter revised effective November 2, 1979 (6:22 Md. R. 1777) Regulation .01B amended effective November 5, 1984 (11:22 Md. R. 1897) Regulation .01 amended effective May 5, 1986 (13:9 Md. R. 1023) Regulation .02A, B, C amended effective November 5, 1984 (11:22 Md. R. 1897 Regulation .02A-1 adopted effective October 1, 1996 (23:16 Md. R. 1174) Regulation .02B amended effective January 13, 1986 (13:1 Md. R. 15) Regulation .02-1 adopted effective January 11, 1980 (7:1 Md. R. 42) Regulation .03A amended effective November 5, 1984 (11:22 Md. R. 1897) Regulation .04N amended effective November 5, 1984 (11:22 Md. R. 1897) Regulation .07 adopted effective January 16, 1984 (11:1 Md. R. 41) Regulation .07 amended effective October 7, 1985 (12:20 Md. R. 1923); October 20, 1986 (13:21 Md. R. 2319); July 15, 1996 (23:14 Md. R. 1008) Regulation .08 adopted effective November 5, 1984 (11:22 Md. R. 1897) Regulation .09 adopted effective May 5, 1986 (13:9 Md. R. 1023) Regulation .09 repealed effective November 7, 1994 (21:22 Md. R. 1874) Regulation .10 amended effective October 1, 1996 (23:19 Md. R. 1375) Regulation .11 adopted as an emergency provision effective July 1, 1989 (16:14 Md. R. 1563); emergency status expired January 1, 1990; adopted permanently effective January 22, 1990 (17:1 Md. R. 68); (Recodified to Regulation .10) Regulation .11 adopted effective February 5, 1990 (17:2 Md. R. 165) Regulations .01—.11, Child Support Enforcement, repealed effective March 22, 1999 (26:6 Md. R. 482) Regulations .01—.02, Child Support Enforcement — Definitions, adopted effective March 22, 1999 (26:6 Md. R. 482) Regulation .02B amended effective April 30, 2001 (28:8 Md. R. 759); January 1, 2007 (33:26 Md. R. 1995); February 22, 2010 (37:4 Md. R. 338); May 16, 2011 (38:10 Md. R. 614); March 4, 2013 (40:4 Md. R. 344) This chapter describes the services that are available through the support enforcement agency and the manner of service delivery. Available Services. An individual eligible for support enforcement services may receive the following services as appropriate: Location of a parent; Establishment of paternity and a support obligation; Review and modification of a support obligation; Enforcement of a support obligation; and Collection and disbursement of support payments. Eligibility and Application Fee. An individual receiving TCA or Medical Assistance is eligible for child support enforcement services without filing an application or payment of an application fee. An individual who is no longer eligible for TCA or Medical Assistance may continue to receive child support enforcement services without filing an application or paying an application fee. A child who receives foster care by a local department is eligible for child support enforcement services upon referral by the local department director or the director's designee. Except as provided in §B(1)—(3) of this regulation, an individual who requests child support enforcement services is eligible for the services upon: Filing an application; and Paying a $15 application fee. Except as provided in §B(6) of this regulation, the support enforcement agency shall assess the $15 application fee only once to an individual regardless of the number of child support cases for which the individual makes application. If an individual requests termination of child support services for all of the individual’s child support cases and subsequently reapplies for services, the individual shall: Submit a written application; and Pay the $15 application fee. When an individual requests child support services, the support enforcement agency shall provide to the individual: An application form: On the day of the request, if the request is made in person, or Within 5 working days, if the request is made by telephone or by mail; and Pamphlets which provide information about the program including available services, rights, and responsibilities, and the distribution of child support collections. When an individual applies for TCA, foster care, or Medical Assistance, the local department shall provide the applicant with information about the child support enforcement program including available services, rights and responsibilities, and distribution of child support collections: At the time of application; or Within 5 working days of referral to the support enforcement agency. Other Fees. An annual collection fee of $15 shall be deducted from child support payments in a case in which a family: Never received TCA; and Has received at least $3,500 in child support payments during the federal fiscal year. The support enforcement agency shall: Notify the FIA when a custodial parent applying for or receiving TCA, Medical Assistance, or Purchase of Child Care fails to cooperate with the support enforcement agency to establish or enforce a support obligation; and Suspend all child support activities: If FIA notifies the support enforcement agency that a claim of good cause for refusal to cooperate has been made, and Until FIA determines that good cause no longer exists. The Administration shall cooperate with support enforcement agencies of other states to provide child support services when the parties reside in different states. The Administration shall maintain a Maryland Central Registry to coordinate intergovernmental case activities. The support enforcement agency may close a case which meets one or more of the following criteria: There is no longer a current support order and arrearages are under $500 or unenforceable under State law; The noncustodial parent or putative father is deceased and further action, including a levy against the estate, may not be taken; Paternity cannot be established because: The child is 18 years old or older and action to establish paternity has not commenced; A genetic test or a court or administrative process has excluded the putative father and no other putative father can be identified; The agency has determined that it would not be in the best interests of the child to establish paternity in a case involving: Incest; Forcible rape; or Pending legal proceedings for adoption; or The identity of the biological father is unknown and cannot be identified after diligent efforts, including at least one interview by the child support enforcement caseworker with the recipient of services; The noncustodial parent's location is unknown and diligent efforts have been made using multiple sources, which have been unsuccessful to locate the noncustodial parent: Over a 1-year period when there is insufficient information to initiate an automated locate effort; or Over a 3-year period, when there is sufficient information to initiate an automated locate effort; The noncustodial parent cannot pay support for the duration of the child's minority because the noncustodial parent has no income or assets which can be attached for support and: Is institutionalized in a psychiatric facility; Is incarcerated; or Has a medically verified total and permanent disability with no evidence of support potential; The noncustodial parent resides abroad and one of the following applies: No court order for support exists and Maryland has no reciprocal child support agreement with the country in which the noncustodial parent resides; or A court order for support exists and: The noncustodial parent does not work for the U.S. government; The noncustodial parent does not work for a company with offices in the United States; The country does not accept a support petition from Maryland; or The noncustodial parent has no domestic income or assets that can be garnished, levied, or attached; In a TCA, Purchase of Child Care, or Medical Assistance case, FIA has determined that the custodial parent has good cause for refusing to cooperate and the support enforcement agency may not proceed without risk of harm to the child or caretaker; In a non-TCA case: The support enforcement agency is unable to contact the custodial parent within a 60-day period after unsuccessful attempts by telephone and first-class mail; The custodial parent refuses to take the necessary action for the provision of support enforcement services; The custodial parent requests closure and there is no assignment to the State of accrued arrears under the support order; or The support enforcement agency has provided federal parent location service only; or In an intergovernmental case, the support enforcement agency documents failure by the initiating state to take an action which is essential for the next step in providing services. The support enforcement agency shall notify the custodial parent, in writing, 60 days before closing a case of its intent to close the case, except if: The support enforcement agency has provided federal parent location services only; The non-TCA custodial parent requests closure and there is no assignment to the State of arrears accrued under the support order; In a TCA or Medical Assistance case, there has been a finding of good cause; or The case is an intergovernmental case. In an intergovernmental case, the support enforcement agency shall: Notify the initiating state of its intent to close a case 60 days prior to case closure; and Stop income withholding notice within 10 working days of receipt of instructions for case closure from an initiating state pursuant to 45 CFR §303.11(c)(12). The support enforcement agency shall maintain records of all cases including payment records, court actions, and correspondence. Support enforcement agencies shall compile statistical and fiscal reports as required by the Administration. Family Law Article, §§10-106—10-116, 10-118, 10-119, 10-119.3—10-144, and 10-303—10-359, Annotated Code of Maryland;Agency Note: Federal Regulatory Reference—45 CFR §§302, 303.2—303.15, 303.30, 303.31, and 303.71—303.106; 42 U.S.C. §654(6)(B) Effective date: March 22, 1999 (26:6 Md. R. 482) Regulation .02 amended effective September 17, 2001 (28:18 Md. R. 1619); August 29, 2016 (43:17 Md. R. 952) Regulation .02C amended effective December 6, 2007 (34:24 Md. R. 2157); March 9, 2009 (36:5 Md. R. 421) Regulation .03A amended effective September 17, 2001 (28:18 Md. R. 1619) Regulation .04 amended effective November 14, 2011 (38:23 Md. R. 1419) Regulation .05 amended effective January 1, 2007 (33:26 Md. R. 1995); November 14, 2011 (38:23 Md. R. 1419) Regulation .05A amended effective September 17, 2001 (28:18 Md. R. 1619); July 16, 2009 (36:14 Md. R. 984); April 30, 2012 (39:8 Md. R. 533) This chapter describes the procedures of the support enforcement agency to locate a parent to establish and enforce the duty of support and for other purposes allowed by federal law. In this chapter, the following terms have the meanings indicated. Terms Defined. “Authorized individual” means a judge or attorney empowered to act on behalf of the State to: Make or enforce a child custody determination; Make or enforce a visitation determination; or Prosecute a parental kidnapping case. “Federal Parent Locator Service” means the Parent Locator Service operated by the federal Office of Child Support Enforcement. “Parent” means the natural or adoptive mother or father. “Parental kidnapping” means an act by which a parent has taken physical custody of a child with the knowledge that another individual is the lawful custodian. “State Parent Locator Service” means the unit of the Administration that assists local child support enforcement agencies in locating parents. The support enforcement agency shall make reasonable attempts to locate parents including accessing information in the State Parent Locator Service and the Federal Parent Locator Service for the purpose of establishing, modifying, or enforcing a support obligation. The support enforcement agency shall complete all location efforts within 75 days of determining that location is necessary. The Administration shall maintain a State Parent Locator Service. The State Parent Locator Service shall solicit information from available sources to locate an absent parent upon receipt of a request from: A support enforcement agency; or Maryland Central Registry. The State Parent Locator Service shall be the conduit to the Federal Parent Locator Service for the purpose of locating a parent for enforcing custody or visitation at the request of an authorized individual. The U.S. Department of Health and Human Services administers a Federal Parent Locator Service. The Federal Parent Locator Service conducts an information search upon receipt of a request from: State Parent Locator Service; or Support enforcement agency. The Federal Parent Locator Service is available to authorized individuals for the purpose of locating a parent or child. The State Parent Locator Service shall: Request location information from the Federal Parent Locator Service when the conditions listed in §A of this regulation are met; and Send information furnished by the Federal Parent Locator Service to the authorized individual. The Administration shall maintain a State case registry of child support orders which contains information as required by federal and State law. This regulation does not, and may not be construed to, impose any duty on any unit of the State government other than the Administration. Family Law Article, §§10-114 and 12-105, Annotated Code of MarylandAgency Note: Federal Regulatory References—45 CFR §§302.35, 303.3, 303.15, 303.69, and 303.70; 42 U.S.C. §§653, 654, 654A, and 663 Effective date: March 22, 1999 (26:6 Md. R. 482) Regulation .01 amended effective August 6, 2001 (28:15 Md. R. 1396) Regulation .02B amended effective August 6, 2001 (28:15 Md. R. 1396) Regulation .03A amended effective August 6, 2001 (28:15 Md. R. 1396) Regulation .04B amended effective April 1, 2013 (40:6 Md. R. 472) Regulation .04C adopted effective August 6, 2001 (28:15 Md. R. 1396) Regulation .06A amended effective August 6, 2001 (28:15 Md. R. 1396) Regulation .07 adopted effective August 6, 2001 (28:15 Md. R. 1396) Regulation .07 amended effective May 13, 2002 (29:9 Md. R. 744) This chapter describes the procedures of the support enforcement agency to establish paternity for a child eligible for support enforcement services. The support enforcement agency shall initiate legal action to establish paternity when paternity is at issue as specified in Family Law Article, §5-1006, Annotated Code of Maryland. Within 90 days of locating the alleged father, the support enforcement agency shall: Legally establish paternity; Exclude the alleged father as the biological father; or Complete service of process, if necessary, to commence proceedings to establish paternity. If an alleged father is excluded, but another alleged father has been identified, the support enforcement agency shall initiate paternity action against the newly identified alleged father. In a TCA case in which the custodial parent fails to cooperate without good cause, the prosecutor may file the petition with the State named as the plaintiff. If attempts at service of process are unsuccessful, the support enforcement agency shall document the unsuccessful attempts. Maryland as the Initiating State. The support enforcement agency shall attempt to establish paternity using Maryland's long-arm statutes, if appropriate. If use of Maryland's long-arm statutes is inappropriate or unsuccessful, the support enforcement agency shall refer the case to the responding state's intergovernmental central registry. When referring a case to another state for establishment of paternity, the support enforcement agency shall include all documentation required by UIFSA. Maryland as the Responding State. Upon receipt of a request from another state for establishment of paternity, the Maryland Central Registry shall forward the request to the appropriate Maryland support enforcement agency which shall take action to establish paternity. Maryland's Uniform Interstate Family Support Act (UIFSA). When providing services to establish paternity in an intergovernmental case, the Maryland support enforcement agency shall comply with the provisions of UIFSA. The Administration shall maintain a list of laboratories which perform paternity testing to identify or exclude an alleged father from paternity for use by the circuit courts of Maryland. A laboratory located in Maryland or out-of-State may apply to the Administration to be on the list of paternity testing laboratories. A laboratory's application shall include: The names and qualifications of the laboratory's directors and officers; Documentation that the laboratory is qualified to perform DNA analysis; and Documentation establishing that the laboratory is accredited as described in §D of this regulation. A laboratory included on the list shall be accredited by the American Association of Blood Banks' Parentage Testing Committee. The Administration's list of laboratories shall be qualified to perform DNA analysis. The Administration shall delete a laboratory from the list if it ceases to meet the criteria in §D of this regulation. Laboratories denied listing or removed from the list may appeal in writing to the Executive Director of the Administration within 30 days of the notice of the denial or removal. The Administration shall: Include the laboratory list in the Child Support Enforcement Program Policy Manual; and Provide a copy of the list to each circuit court in the State. Family Law Article, §§5-1005—5-1048, and 10-301—10-359, Annotated Code of Maryland(Agency Note: Federal Regulatory Reference — 45 CFR §§302.31, 303.5, and 305.24) Effective date: March 22, 1999 (26:6 Md. R. 482) Regulation .02A amended effective October 20, 2008 (35:21 Md. R. 1824) Regulation .03 amended effective October 31, 2011 (38:22 Md. R. 1344) Regulation .04 amended effective February 4, 2013 (40:2 Md. R. 72); April 28, 2014 (41:8 Md. R. 469) This chapter describes the actions to be taken by the support enforcement agency to establish court-ordered support obligations. The support enforcement agency shall initiate legal action to establish a court-ordered support obligation for a child: Eligible for support enforcement services; and Who has not had a support obligation established. If the parent of a child is a minor, the support enforcement agency may attempt to establish a court-ordered support obligation for the child against the parents of the minor parent if the: Child for whom support is sought receives TCA; and Minor parent has insufficient financial resources to support the child. The support enforcement agency is not required to establish a court order for support when: The noncustodial parent: Cannot be located; Receives benefits from a means tested public assistance program; Is confined to a hospital or other care institution for the chronically, mentally, or physically ill and has no income or assets; or Is imprisoned without earnings or assets, and is not: Participating in an institutional work release program; and Eligible for release before the child reaches the age of majority; The custodial parent who receives TCA or Medical Assistance fails to cooperate with good cause; The child is: Married or has been married; 18 years old and is not enrolled in secondary school; 19 years old or older; Otherwise emancipated; or Deceased; or Paternity cannot be established. For any other situation not listed in §C of this regulation, the support enforcement agency, within 90 days of locating an absent parent, shall: Establish an order for support, including a provision: For health insurance for a child that is: Reasonable in cost; and Accessible for the child; or For cash medical support that is reasonable in cost, until health insurance is available; Complete service of process, if necessary, to commence proceedings to establish an order for support; or Document unsuccessful attempts to serve process. To establish a child support order, the support enforcement agency shall petition the court to: Provide for an earnings withholding and health insurance enrollment order; and Authorize the immediate service of the earnings withholding and health insurance enrollment order on the obligor's employer. When taking legal action in a TCA case in which the custodial parent does not cooperate and does not have good cause, the prosecutor may: Name the State as the plaintiff; and File the petition. The support enforcement agency may not attempt to establish a spousal support order. Notification. Every 3 years, the Administration shall notify each parent subject to a child support order of the right to request that the Administration review the order. The notice shall include: A description of the method for obtaining the Administration's review of an order; and The information that each parent must provide to the Administration. Cases Eligible for Review. Upon request of either parent subject to a child support order, the support enforcement agency shall conduct a review of the order for possible modification at 36-month intervals from the date the order was established, modified, or last reviewed. In cases with an assignment of support, the support enforcement agency may conduct a review of the order for possible modification at 36-month intervals from the date the order was established, modified, or last reviewed without the request of either party. In intergovernmental cases, the support enforcement agency shall conduct a review of the order at the request of another state if the request for a review is appropriate. In cases that have a material change of circumstances that may result in a change of the child support order, a review may be conducted in less than the 36-month interval. Conduct of Review. Before conducting a review, the support enforcement agency shall gather information required for application of the Maryland child support guidelines from any of the following sources: Federal and State automated databases to which the agencies have access; The parties in the case; Employers; and Other sources as determined appropriate by the support enforcement agency. In cases when a review is conducted, the support enforcement agency shall: Evaluate information required for application of Maryland's child support guidelines as provided in Family Law Article, Title 12, Subtitle 2, Annotated Code of Maryland, to determine the appropriate support obligated amount; and Determine if the order provides for a provision for health insurance or cash medical support, until health insurance is available for the child. The support enforcement agency shall notify both parents subject to the order of the: Outcome of the review; and Support enforcement agency's intent regarding further action on the case. The support enforcement agency shall initiate action to modify the support order if: Material change in circumstance has occurred; Modification is needed to provide for a provision for health insurance or cash medical support, until health insurance is available for the child; or Modification is needed to extend the duration of the order to provide for support of a child who: Is 18 years old; Is enrolled in secondary school; and Has not attained 19 years old. When modifying a child support order in which the obligor is not subject to earnings withholding, the support enforcement agency shall petition the court to: Provide for an earnings withholding; Provide for a health insurance enrollment order, if appropriate; and Authorize the immediate service of the earnings withholding and health insurance enrollment order on the obligor's employer. For cases that qualify for a review, within 180 calendar days of receiving a request for a review or locating the nonrequesting parent, whichever occurs later, the support enforcement agency shall conduct a review of the order, and: Take appropriate steps to adjust the order; or Determine that the order should not be adjusted. When providing services in an intergovernmental case to establish or modify an order for support, the support enforcement agency shall comply with the provisions of UIFSA. Family Law Article, §§10-114, 10-204, 10-301—10-359, and 12-101—12-204, Annotated Code of Maryland;Agency Note: Federal Regulatory Reference — 45 CFR §§302.56, 303.4—303.5, 303.8, and 303.31; 42 U.S.C. §652(f) Effective date: March 22, 1999 (26:6 Md. R. 482) Regulation .02B amended effective September 17, 2001 (28:18 Md. R. 1620) Regulation .02C amended effective August 16, 2004 (31:16 Md. R. 1253) Regulation .02D amended effective September 8, 2008 (35:18 Md. R. 1600); May 17, 2010 (37:10 Md. R. 721) Regulation .03 amended effective September 17, 2001 (28:18 Md. R. 1620) Regulation .03B, C amended effective September 8, 2008 (35:18 Md. R. 1600) Regulation .03B amended effective October 31, 2011 (38:22 Md. R. 1344) Regulation .03C amended effective August 16, 2004 (31:16 Md. R. 1253); May 17, 2010 (37:10 Md. R. 721); March 17, 2014 (41:5 Md. R. 341) Regulation .04 amended effective October 31, 2011 (38:22 Md. R. 1344) This chapter describes the procedures of the support enforcement agency to enforce compliance with the terms of child support orders under its supervision. In this chapter, the following terms have the meanings indicated. Terms Defined. “Earnings withholding notice” means a notice in a format prescribed by federal law issued by the administration to an employer requiring the employer to deduct support payments from the earnings of an obligor. “Earnings withholding order” means an order in a format prescribed by federal law issued by a tribunal to an employer requiring the employer to deduct support payments from the earnings of an obligor. “Garnishment” means a legal proceeding by which a noncustodial parent's property, money, or money owed the noncustodial parent is withheld from the noncustodial parent or a third party and applied to the payment of the noncustodial parent's child support obligation. “IRS full collection service” means a program in which the Internal Revenue Service (IRS) collects arrears on child support obligations for the Administration. The support enforcement agency shall review, at least once a month, the payment status of each case for which it is responsible. The support enforcement agency shall: Enforce each obligation for which payment is delinquent in an amount equal to the support payment for 1 month; Take appropriate enforcement action within 30 days of identifying a delinquency or the location of the noncustodial parent, whichever occurs later; and Take appropriate action to enforce a health insurance enrollment order. If service of process is necessary before enforcement action, the support enforcement agency shall: Complete service and take enforcement action within 60 days of identifying the delinquency or locating the noncustodial parent, whichever occurs later; or In cases where service of process is not completed, document unsuccessful attempts to serve the noncustodial parent. To enable the support enforcement agency to properly enforce the order, the custodial parent shall notify the support enforcement agency when the child: Marries; Becomes 18 years old and is enrolled in secondary school; Otherwise emancipates; or Dies. Earnings Withholding. The support enforcement agency shall issue an earnings withholding notice in accordance with COMAR 07.07.19 for: Civil child support orders; and Criminal nonsupport orders. Noncustodial Parent Contact. The support enforcement agency may contact the noncustodial parent, by telephone or mail, to negotiate a lump sum payment or a payment plan to pay the arrears. Court Action. The support enforcement agency may initiate contempt proceedings against the noncustodial parent when the noncustodial parent accumulates more than 30 days arrears. When an arrearage exists under a child support order issued in a criminal nonsupport proceeding, the support enforcement agency shall notify the attorney for the support enforcement agency of the arrearage not later than 60 days before the expiration of the order. The support enforcement agency may request that the attorney for the support enforcement agency provide all necessary legal services for: Garnishing financial accounts and attaching assets of the noncustodial parent; Securing a performance bond; and Using any other form of legal process considered appropriate. IRS Full Collection Service. The support enforcement agency may apply for collection by the IRS, when the support enforcement agency documents that: There are arrears equal to or exceeding $750; Local, State, and intergovernmental enforcement efforts have failed; and The noncustodial parent has known assets. Lien Against Real Property. The support enforcement agency may file a notice of a child support lien with the clerk of a circuit court under Family Law Article, §10-141, Annotated Code of Maryland, if: The noncustodial parent is in arrears for a child support obligation in an amount exceeding $500; The unpaid child support constitutes a lien under Family Law Article, §10-140, Annotated Code of Maryland; and Real property deeded to the noncustodial parent has been identified and the noncustodial parent's ownership interest in the property has been verified. Garnishment of Financial Accounts. The support enforcement agency may initiate action to garnish the financial account of a noncustodial parent under Maryland Rule 2-645, if: The noncustodial parent owes at least $500 arrears; and The support enforcement agency has verified that the noncustodial parent has ownership interest in the account. Performance Bond. The support enforcement agency may request that a court order a noncustodial parent to post a bond to ensure consistent payment of a child support obligation if: The noncustodial parent owes at least $500 arrears; Financial accounts of the noncustodial parent cannot be garnished; Financial accounts of the noncustodial parent have sufficient value to satisfy: All arrears owed; or A portion of the arrears equal to 6 months of the support ordered amount; The noncustodial parent is: Self-employed; or Earnings withholding has not been effective; The noncustodial parent's payment history has been poor as evidenced by: Irregular payments; or Payments less than the support ordered amount; and The noncustodial parent is out of compliance with the most recent support order. National Medical Support Notice (NMSN). The support enforcement agency shall issue a NMSN in accordance with COMAR 07.07.20 to enforce the medical support provisions of a child support order. Other Remedies. The support enforcement agency shall initiate other enforcement remedies as provided for in this subtitle. The support enforcement agency shall: Cooperate with child support enforcement agencies of other states to secure compliance with court orders for child support; Use all appropriate enforcement methods in intergovernmental cases that the support enforcement agency uses in intrastate cases; Initiate intergovernmental earnings withholding procedures when an obligor is liable for earnings withholding and the obligor's employer: Is located outside the State, and Has no agent in the State; and Comply with the provisions of UIFSA. Family Law Article, §§10-108—10-108.2, 10-113—10-116, 10-119, 10-119.3—10-359, and 12-102; Article 1, §24; Annotated Code of Maryland;Agency Note: Federal Regulatory Reference — 45 CFR §§302.60—302.65, 302.80, 303.6, 303.31, 303.71—303.100, 303.102, and 303.104 Effective date: March 22, 1999 (26:6 Md. R. 482) Regulation .01 amended effective October 15, 2001 (28:20 Md. R. 1781) Regulation .02B amended effective October 15, 2001 (28:20 Md. R. 1781) Regulation .04 amended effective October 15, 2001 (28:20 Md. R. 1781) Regulation .04C adopted effective August 2, 2004 (31:15 Md. R. 1184) Regulation .05 amended effective October 15, 2001 (28:20 Md. R. 1781) Regulation .05A, H amended effective January 19, 2004 (31:1 Md. R. 30) Regulation .05D amended effective October 31, 2011 (38:22 Md. R. 1345) Regulation .06 amended effective October 31, 2011 (38:22 Md. R. 1345) This chapter describes the responsibilities of the State Disbursement Unit (SDU) of the Administration for the collection, distribution, and disbursement of child support payments. In this chapter, the following terms have the meanings indicated. Terms Defined. “Distribution” means the application of collections to appropriate accounts as required by the Social Security Act and regulations issued under the Social Security Act. “Disbursement” means forwarding payments to the payee of the case. “Electronic transfer” means the electronic transfer of support payments to a designated account in a financial institution. The SDU is responsible for the collection, distribution, and disbursement of support payments ordered payable through a court, support enforcement agency, or the SDU. The Administration shall: Maintain records of support payments: Collected; Distributed; and Disbursed; and Adhere to generally accepted accounting principles and procedures. Bonding Against Loss Resulting from Misappropriation. An employee of the SDU or a support enforcement agency who has access to, or control over, funds collected pursuant to this subtitle shall be covered by a bond against loss resulting from misappropriation. The SDU may accept support payments made by check, credit card, money order, or electronic funds transfer. The appropriate support enforcement agency shall furnish a record of payment to a noncustodial or custodial parent upon request. Dishonored Checks. When a noncustodial parent's check is dishonored by a financial institution, the SDU shall send a notice to the noncustodial parent demanding payment by certified check or money order within 7 days of the date of the notice. The SDU may charge the noncustodial parent the cost incurred for processing the noncustodial parent's dishonored check. The amount of child support collected and due shall be distributed and disbursed as required by the court order and the Social Security Act and regulations issued under the Social Security Act. The Administration may issue support payments to a custodial parent by electronic transfer. Before issuing support payments to a custodial parent by electronic transfer, the Administration shall notify the custodial parent of the: Intention to transmit future payments electronically; and Exemptions available under §F of this regulation. Within 30 working days of receiving notification, the custodial parent shall: Designate an account to which the payments may be sent; or Claim an exemption as specified in §F of this regulation. If within 30 days of receiving the notice specified in §C of this regulation, the custodial parent fails to designate an account for electronic transfer and fails to demonstrate that an exemption under §F of this regulation applies, the Administration may: Establish an account to which payments may be electronically transmitted; and Provide to the custodial parent any information, identification cards, or other materials necessary to access the funds in the account. The Administration may not require a custodial parent to receive support payments by electronic transfer if there is a verified hardship in: Paying the account access fees; or Accessing the funds due to: A physical or mental disability; A language barrier; A literacy barrier; or The custodial parent's home and place of work being located more than 10 miles from: An automated teller machine; or A financial institution where the account funds can be accessed. If the payor and the payee of a payment cannot be identified, the SDU shall: Deposit the payment in the Administration's bank account; Investigate the nature of the payment to properly distribute and disburse the payment; and Document unsuccessful attempts to distribute and disburse the payment. A payment is considered abandoned if the: Parties are unidentified for 3 years; or Payment cannot be delivered to the custodial parent and attempts to refund the payment to the noncustodial parent are unsuccessful over a 3-year period. The Administration shall annually: Submit a detailed list of all abandoned payments to the Comptroller of the Treasury's Abandoned Property Unit; and Remit funds covering the total of such abandoned payments to the Comptroller of the Treasury's Abandoned Property Unit. The SDU shall retain fiscal case records for each case for the latest of the following periods: 3 years from the closing of the case; The time of closing of any pending audit covering the records; 3 years after receipt of the latest federal tax refund offset; or 5 years after a child support payment has been remitted to the Comptroller as abandoned property. Family Law Article, §§10-108—10-108.5 and 10-114; Commercial Law Article, §17-301 and 17-322; Annotated Code of MarylandAgency Note: Federal Regulatory Reference—45 CFR §§74.53, 302.32, 302.38, 302.51, 302.52, and 302.54; 42 U.S.C. §654b Effective date: March 22, 1999 (26:6 Md. R. 482) Chapter revised effective October 15, 2001 (28:20 Md. R. 1781) Regulation .02B amended effective May 23, 2005 (32:10 Md. R. 924) Regulation .03C amended effective February 26, 2007 (34:4 Md. R. 398) Regulation .04A amended effective February 26, 2007 (34:4 Md. R. 398) Regulation .05 amended effective May 23, 2005 (32:10 Md. R. 924) Regulation .05A amended effective February 26, 2007 (34:4 Md. R. 398) Regulation .06B amended effective July 16, 2009 (36:14 Md. R. 984) Regulation .06B, C amended effective February 26, 2007 (34:4 Md. R. 398) Regulation .07 amended effective March 9, 2009 (36:5 Md. R. 421) This chapter establishes the procedures of the Child Support Administration for identifying and reporting certain delinquent child support obligors to the Comptroller for interception of: State tax refunds; Abandoned property; and Any payment due to the obligor. The interception by the Comptroller of these payments is to satisfy child support arrears. In this chapter, the following terms have the meanings indicated. Terms Defined. “Abandoned property” means any personal property delivered to the Comptroller as abandoned by any person. “Comptroller” means the Comptroller of the Treasury. The Administration shall annually certify to the Comptroller child support obligations which are: More than $150 in arrears; and Owed on cases in which the obligee is receiving services under Title IV-D of the Social Security Act. The certification shall include, if known, the name of the obligor, Social Security number (when known), the total amount of accumulated arrears, the address, case number, and any known alias of the person certified, and the name of the obligee. Written Notice of Certification. The Administration shall send a written notice of the certification to the last known address of the obligor at least 30 days before certification. The notice shall advise the obligor of the: Certification; Right to request an investigation; and Method of doing so. The certification does not affect the authority of the Administration otherwise to enforce payment of support obligations under other provisions of this subtitle. The Administration shall instruct the Comptroller to delete a certified obligation or to reduce a certified arrearage upon the Administration's conclusion that a person has been wrongly certified, or has since paid all or a significant portion of the support obligation arrearage. In a case certified for non-TCA arrears only, the Administration shall remit the intercepted amount to the obligee within 30 days after its receipt from the Comptroller, if no appeal of intercept is made. The Comptroller may not question the certifications of the Administration. The Comptroller shall compare the names certified by the Administration with persons who file tax returns and are entitled to a tax refund, not less often than weekly. The Comptroller shall delete certified names or change amounts when instructed by the Administration. If, because an intercept has been made the Comptroller is unable to do so, the Comptroller shall inform the Administration. If a match is made between a taxpayer eligible for a tax refund and a certified obligor, the Comptroller shall determine whether the refund or the arrears due the obligee or the Administration are greater. If the refund is equal to or less than the arrears due, the Comptroller shall pay the full refund to the Administration. If the refund is greater than the arrears, the Comptroller shall pay only that portion of the refund to the Administration which is equal to the arrears. The Comptroller shall pay the remainder of the refund to the obligor. The Comptroller shall send written notification of the intercept to the obligor within 15 days of the intercept. The notification shall inform the obligor of the right to appeal and of the method of doing so. If a match occurs with one of the parties to a joint tax return, the entire refund is subject to intercept. If a match occurs with a party to a combined separate return, the refund due the obligor only is subject to intercept. The Comptroller shall remit payments from tax returns of obligors to the Administration not less often than weekly. The Comptroller shall submit to the Administration a list identifying the obligors for whom remittance is made. The list shall include the taxpayer's name, Social Security number, Administration case number, the taxpayer's home address, and any other information from his files the Comptroller finds appropriate to substantiate the matching of names. If the Comptroller receives a request to intercept a tax refund for another obligation, other than a tax obligation to the State or any of its subdivisions, the Comptroller shall remit the refund, up to the amount of arrearages certified, to the Administration before honoring the other request. The Comptroller shall: Withhold the amount of the arrears from abandoned property or any payment due to the obligor; Remit the amount withheld to the Administration; and Notify the obligor of: The amount paid to the Administration; and The right to appeal the intercept: To the Office of Administrative Hearings; and Pursuant to Regulation .06 of this chapter. Upon notice of certification, the obligor has a right to request an investigation by the Administration if the obligor disputes the existence or amount of the arrears. The Administration may decline to investigate a complaint under the following conditions: The complaint concerns an issue other than the existence or the amount of the arrears; The complaint requesting an investigation was received more than 15 days from the date the notification of certification was sent to the obligor for a tax refund; or The complaint requesting an investigation was received more than 30 days from the date the notification of certification was sent to the obligor for abandoned property or any payment due to the obligor. The Administration shall submit to the complainant and, in an NAFDC case, to the obligee, a report of its findings within 30 days from the date that the complaint was received. If the investigation concludes that the obligation should not have been certified under these regulations, the Administration shall instruct the Comptroller to delete the obligation from the certified list. If the conclusion is that the amount certified was incorrectly high, the Administration shall instruct the Comptroller to reduce the amount. Appeal Rights and Restrictions. A certified obligor has the right to appeal the intercept of all or part of the obligor’s tax refund, abandoned property, or any payment due to the obligor. An appeal shall be conducted according to COMAR 07.01.04. An obligor may not appeal except on the claim that: The arrearage certified does not exist; or The arrearage does exist but in a lesser amount than that certified by the Administration, or intercepted by the Comptroller. The obligor may not raise on appeal any issue regarding the amount of tax refund otherwise due the taxpayer. This restriction does not prejudice any rights available under the tax laws. Remedies. If, in the case of an appeal of intercept, the administrative law judge decides that no arrearage exists, the Administration shall pay the full amount to the obligor within 30 days of the date of that determination. If, in an NAFDC case, the administrative law judge decides that the intercept, or part of the intercept, is due the obligee, the Administration shall remit the correct amount to the obligee within 15 days after expiration of the period of appeal to the circuit court. If the case is appealed to the circuit court, the Administration shall distribute the intercepted amount as ordered by the court. If the administrative law judge determines that the tax refund, abandoned property, or any payment due to the obligor remitted to the Administration is in excess of the arrears as of the date of the review or hearing, the Administration shall remit the excess to the obligor within 30 days of the date of the decision. Family Law Article, §§10-113 and 10-113.2, Annotated Code of Maryland Effective date: Regulations .01—.05 adopted as an emergency provision effective November 3, 1980 (7:23 Md. R. 2159); adopted permanently effective March 13, 1981 (8:4 Md. R. 337) Regulations .01, .02B—I, .04C, and .05A—D amended effective September 26, 1983 (10:19 Md. R. 1689) Regulations .01, .02B—I, .03A—E, G, .04A—D, and .05A—C amended, and .03H adopted effective January 2, 1984 (10:26 Md. R. 2339) Regulation .01 amended effective June 19, 1995 (22:12 Md. R. 899) Regulation .02 amended effective October 7, 1985 (12:20 Md. R. 1923) Regulation .02A amended effective March 6, 1989 (16:4 Md. R. 494) Regulation .02B amended effective September 7, 1987 (14:18 Md. R. 1964); March 6, 1989 (16:4 Md. R. 494) Regulation .02G amended effective September 28, 1992 (19:19 Md. R. 1703) Regulation .02K repealed effective June 19, 1995 (22:12 Md. R. 899) Regulation .05A amended effective September 28, 1992 (19:19 Md. R. 1703); June 19, 1995 (22:12 Md. R. 899) Regulation .05B amended effective March 6, 1989 (16:4 Md. R. 494); September 28, 1992 (19:19 Md. R. 1703); June 19, 1995 (22:12 Md. R. 899) Regulation .05C amended effective September 28, 1992 (19:19 Md. R. 1703); June 19, 1995 (22:12 Md. R. 899) Annotation: This chapter was adopted in conjunction with the Comptroller of the Treasury. Chapter recodified from COMAR 07.07.02 to COMAR 07.07.08 effective March 22, 1999 (26:6 Md. R. 482) Regulation .01 amended effective April 5, 1999 (26:7 Md. R. 540); November 12, 2001 (28:22 Md. R. 1935) Regulation .02 amended effective November 12, 2001 (28:22 Md. R. 1935) Regulation .05 amended effective April 5, 1999 (26:7 Md. R. 540) Chapter revised effective May 16, 2011 (38:10 Md. R. 614) Regulation .03G repealed effective April 25, 2016 (43:8 Md. R. 497) In this chapter, the following terms have the meanings indicated. Terms Defined. “IRS” means the Internal Revenue Service of the U.S. Department of the Treasury, which, under federal law, offsets income tax refunds against certain support obligation arrearages. “Offset” means withholding by the IRS of all or part of a federal income tax refund due a taxpayer, and remitting it to OCSE for transmittal to the State. The Administration shall certify to OCSE a noncustodial parent whose support obligation assigned to the State is in arrears $150 or more. The Administration shall certify to OCSE any non-TCA child support arrears which are not assigned to the State if the: Amount of arrears equals or exceeds $500; and Obligation is payable to the Administration or other public child support collection agency, and the arrears certified are on record in that agency. The Administration shall notify the noncustodial parent of the: Pending certification of arrears to OCSE; and Right to request an investigation and manner to do so. The certification shall provide the noncustodial parent's name, Social Security number, case number, and the total amount of accumulated arrearages as of the date of the certification. Without further notice to the obligor, the Administration shall provide OCSE with updates at least monthly to adjust the amount of arrears to reflect any payments or additional arrears that accrue after the date of certification. The Administration shall instruct OCSE to remove a noncustodial parent's name from certification upon the Administration's conclusion that the noncustodial parent has been wrongly certified, or no longer meets the criteria for certification. The noncustodial parent has a right to request an investigation by the Administration if the: Noncustodial parent disputes the existence or amount of the arrears; and Request is received by the Administration not later than 15 days after the date on the notice. The Administration may decline to conduct an investigation under the following conditions: The request concerns an issue other than the existence or the amount of the arrears; or The request was received more than 15 days from the date the notification of certification was sent to the noncustodial parent. The Administration shall submit to the noncustodial parent a written report of its findings within 30 days from the date that the request for investigation was received. If, as a result of the investigation, the Administration finds that the obligation should not be certified under this chapter, the Administration may not proceed with the certification. A person who has been notified by IRS that all or part of the federal income tax refund has been offset for a support obligation arrearage certified by the Administration is entitled to an appeal. The appeal shall be conducted according to COMAR 07.01.04. The date for calculation of the amount of any arrearage used in the decision is the date of the review or hearing. If the decision on the appeal is that no arrearage exists, or that the amount of the income tax refund exceeds the arrearage, the Administration shall reimburse the appellant the appropriate amount within 60 days of the date of the decision, or within 60 days of the date the money is received from the U.S. Treasury, whichever is later. In the case of a consolidated appeal concerning a federal income tax offset and an intercept of a State income tax refund, reimbursement to the appellant, if any, is due 60 days from the date of the decision or 60 days from the date the money from the federal income tax refund is received from the U.S. Treasury, whichever is later. If an amount is offset from a noncustodial parent owing certified non-TCA and TCA arrears, the intercepted amount shall be applied first to the TCA obligation, and if there is any amount remaining, to the non-TCA obligation. Family Law Article, §§10-110, 10-113 and 10-114, Annotated Code of Maryland;Agency Note: Federal Regulatory Reference — 45 CFR §303.72; 42 U.S.C. §664 Effective date: October 10,1983 (10.20 Md. R. 1785) Regulations .01 and .02 amended effective October 7, 1985 (12:20 Md. R. 1924) Regulation .01A amended effective March 6, 1989 (16:4 Md. R. 495) Regulation .02B amended effective September 7, 1987 (14:18 Md. R. 1964) Regulation .03A, E amended effective September 28, 1992 (19:19 Md. R. 1704) Regulation .03 A, C, E, G amended effective June 19, 1995 (22:12 Md. R. 899) Regulation .04 adopted effective October 7, 1985 (12:20 Md. R. 1924) Chapter recodified from COMAR 07.07.03 to COMAR 07.07.09 effective March 22, 1999 (26:6 Md. R. 482) Regulation .03 amended effective April 5, 1999 (26:7 Md. R. 540) Chapter revised effective November 12, 2001 (28:22 Md. R. 1935) Regulation .02 amended effective November 24, 2005 (32:23 Md. R. 1825) Regulation .05B repealed effective April 25, 2016 (43:8 Md. R. 497) In this chapter, the following term has the meaning indicated. Term Defined. “Agency” means the State Lottery Agency. The Administration may periodically certify to the Agency any child support obligations which are $150 or more in arrears if the obligation is payable to the Administration or to another public support collection agency, and the arrears certified are on record in that agency. The certification shall provide the name and Social Security number of the obligor, the total arrears due and any other necessary information. In a case certified for non-TCA arrears only, if no appeal is filed, the Administration shall remit the intercepted amount to the custodial parent within 2 business days of the expiration of the appeal period. The Agency may not question the certifications of the Administration. The Agency shall compare the names and Social Security numbers certified by the Administration with the names and Social Security numbers of persons who claim lottery prizes to be paid by check directly by the Agency or by annuity payments. If a match is made between a prize winner and a certified obligor, the Agency shall determine whether the prize or the arrears due the Administration is greater. If the prize is equal to or less than the arrears due, the Agency shall pay the prize to the Administration. If the prize is greater than the arrears, the Agency shall pay that portion of the prize which is equal to the arrears to the Administration, and the remainder to the obligor. If a prize is won by a certified obligor along with another person or persons, the Agency shall intercept only that portion of the prize that is due the obligor. The Agency shall hand deliver or mail a written notification of the intercept to the obligor within 24 hours of the intercept. If the prize is to be paid by a series of payments, the notice shall be given only once. The notice shall be dated and inform the obligor: Of the Administration's certification of support arrears in the amount specified; Of the requirements of the law; That the Agency proposes to pay the prize, or that portion of it equal to the support arrears, to the Administration; and Of the right to appeal to the Administration. The Agency shall remit intercepted prizes to the Administration daily, accompanied by a list identifying the obligors for whom remittance is made. The list shall include the winner's name, Social Security number, the winner's home address, and any other information from the Agency files appropriate to the enforcement of the child support obligation. Upon notification by the Administration that the certified arrears of an obligor who has won a prize to be paid as an annuity are to be modified, the Agency shall modify its records. Appeal Rights and Restrictions. A certified noncustodial parent has the right to appeal the intercept of all or part of a lottery prize. An appeal shall be conducted according to COMAR 07.01.04. A noncustodial parent may claim on appeal that either the: Arrearage certified does not exist; or Arrears are less than the amount intercepted. Decisions and Remedies. The decision shall be mailed to the noncustodial parent and representative and, in a non-TCA case, the custodial parent. The decision shall include a statement of the noncustodial parent's right to a judicial review of the decision. If a prize is to be paid in a series of payments, and the arrears are not entirely eliminated by the first intercept, the Administration shall notify the Agency of its decision. If the Administration determines that no arrears exist, the Administration shall pay the full amount of the intercept to the noncustodial parent within 30 days of the date of that determination. If the Administration determines that the intercept is in excess of the arrears as of the date of the review of the record or of the hearing, the Administration shall remit the excess amount to the noncustodial parent within 30 days of the date of the decision. If, in a non-TCA case, the administrative law judge determines that the intercept, or part of the intercept, is due to the custodial parent, the Administration shall remit the amount to the custodial parent within 15 days after expiration of the period of appeal to the circuit court. If the case is appealed to the circuit court, the Administration shall distribute the intercepted amount as ordered by the court. Family Law Article, §§10-113.1 and 10-114, Annotated Code of Maryland Effective date: May 1, 1989 (16:8 Md. R. 908) Chapter recodified from COMAR 07.07.04 to COMAR 07.07.10 effective March 22, 1999 (26:6 Md. R. 482) Regulation .01 amended effective October 15, 2001 (28:20 Md. R. 1781) Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 540) Regulation .02 amended effective October 15, 2001 (28:20 Md. R. 1781) Regulation .02C amended effective February 26, 2007 (34:4 Md. R. 398) Regulation .04 amended effective April 5, 1999 (26:7 Md. R. 540); October 15, 2001 (28:20 Md. R. 1781) Regulation .04B amended effective February 22, 2010 (37:4 Md. R. 338) Under federal law, the Office of Child Support Enforcement (OCSE) computes and pays the State an incentive payment based on the efficiency and effectiveness of the State's child support enforcement program as measured by prescribed performance standards. Federal and State laws provide that incentives paid to the State shall be divided between the State and its political subdivisions based on a formula devised by the State. This chapter establishes a formula to determine the amount of the incentive to be paid to a political subdivision. In this chapter, the following terms have the meanings indicated. Terms Defined. Collections. “Collections” means child support payments received and disbursed for cases within a subdivision's child support caseload. “Collections” includes payments received from other states as well as payments forwarded to other states. “Privatized” means operated by a private company as provided in COMAR 07.07.14. “Subdivision” means Baltimore City or a Maryland county. “Support enforcement agency” means a State or local government unit in a subdivision that administers one or more functions of the child support enforcement program. The total amount of federal incentives earned by the State shall be allocated between the State and its local subdivisions. The Administration shall determine annually what portion of the total federal incentives shall be made available for distribution to subdivisions Statewide. The Administration shall pay incentives to an individual subdivision based on a measurement of performance for that subdivision: In the following areas: Paternity establishment; Support order establishment; Current support collections; Cases with collections on arrears; and Cost-effectiveness; and Using the methodology used by OCSE to measure the performance of states as provided in 42 U.S.C. §658a(b)(6). The incentive amount paid to a subdivision shall be allocated among the support enforcement agencies within that subdivision. The total incentive amount paid to an individual support enforcement agency shall be based on the number of full-time staff employed by that agency relative to the number of full-time staff employed by the subdivision's support enforcement agencies collectively. Pursuant to §D of this regulation, the incentive amount that would be paid to a privatized support enforcement agency in a subdivision shall be retained by the Administration. The Administration shall make quarterly incentive payments to support enforcement agencies. Before adoption of any change in the distribution methodology, the Administration shall submit a draft of the proposed methodology, including the projected fiscal impact of the change on individual support enforcement agencies, to the administrators of support enforcement agencies for review and comment. A support enforcement agency shall expend incentives only for activities that contribute to the efficiency and effectiveness of the Statewide child support enforcement program, including: Privatizing and outsourcing of child support enforcement services; Improving automation capabilities; Creating public awareness projects; Developing programs and special projects; Assisting in staff development and training; Establishing community outreach programs and activities; and Other activities approved by the Secretary of the U.S. Department of Health and Human Services. A support enforcement agency's request for approval of expending incentives on beneficial activities not currently eligible for funding under the federal child support enforcement program shall be submitted to the Administration in accordance with instructions issued by OCSE. A support enforcement agency may not use incentives to supplant its budget. The Administration shall require support enforcement agencies to periodically report or provide other documentation regarding the activities for which incentive funds were expended. Family Law Article, §§10-106.1 and 10-114, Annotated Code of MarylandAgency Note: Federal Regulatory Reference — 45 CFR §§302.55, 303.52, and 304; 42 U.S.C. §§658 and 658a Effective date: December 25, 1989 (16:25 Md. R. 2709) Regulation .02B amended effective June 20, 1994 (21:12 Md. R. 1060) Chapter recodified from COMAR 07.07.05 to COMAR 07.07.11 effective March 22, 1999 (26:6 Md. R. 482) Chapter revised effective June 11, 2001 (28:11 Md. R. 1053) Regulation .02B amended effective April 15, 2013 (40:7 Md. R. 609) Regulation .05A amended effective April 15, 2013 (40:7 Md. R. 609) In this chapter, the following term has the meaning indicated. Term Defined. “Consumer reporting agency” means any person or entity that, for monetary fees or dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer credit reports to third parties. The Administration shall disclose to any consumer reporting agency information regarding an administrative or court-ordered support obligation owed by the noncustodial parent that: Is payable to a support enforcement agency; and Has arrears equal to or greater than payments required in a 60-day period. Before disclosing any information to a consumer reporting agency concerning arrears, the Administration shall send written notice to the last known address of the noncustodial parent. The notice shall: State that the Administration periodically intends to disclose information regarding the noncustodial parent's support obligation to consumer reporting agencies; State the amount of the current obligation shown on the support enforcement agency's records; State the amount of arrears shown on the support enforcement agency's records; and Advise the noncustodial parent of the: Right to request a review by the Administration if the noncustodial parent disputes the existence or the amount of the support obligation or of the arrears, and Procedures to request a review. When a proper request for a review is received, the Administration may not disclose information to a consumer reporting agency until the noncustodial parent's claim is investigated and a decision is rendered. If no request for review is received within 15 days of the date of the notice, the Administration may disclose to a consumer reporting agency information regarding a support obligation that is 60 days or more in arrears. A noncustodial parent has a right to request that the Administration review the accuracy of the information that it intends to disclose to a consumer reporting agency. A request for a review is effective only if it is: In writing; Signed by the noncustodial parent; and Submitted to the Administration at the address indicated in the notice within 15 days of the date on the notice of the Administration's intent to disclose information to a consumer reporting agency. An noncustodial parent may request a review only on a claim that the: Support obligation does not exist; or Amounts specified in the notice are incorrect. A request for a review may be withdrawn by the noncustodial parent at any time. Upon request for review, the Administration shall: Use the date of the review as the date of determination of the support obligation amount and the calculation of the amount of any arrears due; Prepare a written summary of the conclusions of its review; Forward its review summary to the noncustodial parent; and Advise the noncustodial parent of the right to appeal the decision of the Administration. The Administration's notice of the right to appeal shall include: The result of the Administration's review; The procedures for requesting a hearing; and Filing fee information. When the Administration has notified the noncustodial parent of the decision, the Administration, if appropriate, may disclose information to consumer reporting agencies about the support obligation. The Administration shall: Receive and process requests from a consumer reporting agency regarding the reverification of information; and Respond to requests made by a consumer reporting agency in a timely manner. If the Administration finds that it has supplied erroneous information to a consumer reporting agency concerning arrears owed by a noncustodial parent, the: Administration shall notify the consumer reporting agency; and Consumer reporting agency shall remove any information concerning the erroneous arrears from the noncustodial parent's credit file. Appeal Rights and Restrictions. A noncustodial parent has the right to appeal the decision made by the Administration to disclose to consumer reporting agencies information regarding an administrative or court-ordered support obligation. An appeal shall be conducted according to COMAR 07.01.04. A noncustodial parent may not appeal except on the claim that the arrearage: As determined by the Administration does not exist; or Is a lesser amount than determined by the Administration. Remedies. The date of the review or hearing is the date for calculating the amount of any arrearage used in the decision. Family Law Article, §10-108.1, Annotated Code of MarylandAgency Note: Federal Regulatory Reference—42 U.S.C. §666(a)(7) Effective date: November 7, 1994 (21:22 Md. R. 1874) Chapter recodified from COMAR 07.07.06 to COMAR 07.07.12 effective March 2, 1999 (26:6 Md. R. 482) Regulation .01 amended effective October 15, 2001 (28:20 Md. R. 1781) Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 540) Regulation .02 amended effective October 15, 2001 (28:20 Md. R. 1781) Regulation .03 amended effective October 15, 2001 (28:20 Md. R. 1781) Regulation .03H amended effective February 26, 2007 (34:4 Md. R. 399) Regulation .04 amended effective October 15, 2001 (28:20 Md. R. 1781) Regulation .05 amended effective April 5, 1999 (26:7 Md. R. 540); October 15, 2001 (28:20 Md. R. 1781) The purpose of these regulations is to describe the Voluntary Parentage Acknowledgment Program. The Administration shall maintain and monitor a parentage acknowledgement program in cooperation with: Hospitals; The Maryland Department of Health, Division of Vital Records (MDH/DVR); and Other participating entities as designated by the Administration. The program shall provide unmarried parents an opportunity to voluntarily acknowledge parentage of a child by providing: Written material about establishment of parentage; A standardized affidavit of parentage form; Oral and written notice of the legal consequences and the rights and responsibilities of acknowledging parentage; and The opportunity to speak with individuals employed by participating entities who are trained to clarify information and answer questions about establishment of parentage. The Administration shall supply participating entities with a standardized affidavit of parentage form which provides the following information: A statement that an executed affidavit of parentage is a legal document and constitutes a legal finding of parentage; A statement that the affidavit may be rescinded by either parent in writing within 60 days of execution of the affidavit; The full name of the child, and the child's place and date of birth; The full name of the parent who gave birth to the child; The full name of the parent who did not give birth to the child; The signatures of the parents of the child attesting, under penalty of perjury, that the information provided on the affidavit of parentage is true and correct; A statement by the mother consenting to the assertion of parentage by the other parent and acknowledging that: The mother’s cosignatory is the only possible father of the child; or The mother and the mother’s cosignatory consented to the conception of the child by means of assisted reproduction with the shared intent to be the parents of the child; A statement by the individual who did not give birth to the child that: The individual is the father of the child; or The individual and the child’s mother consented to the conception of the child by means of assisted reproduction with the shared intent to be the parents of the child; and The personal Social Security number of each parent, or if a parent has no Social Security number, an assertion by the parent that the parent has no Social Security number. The Administration shall supply participating entities with: Affidavit of parentage forms; and Training on the: Completion of the form; Alternatives to voluntary acknowledgement of parentage; Legal consequences of the executed form; and Rights and responsibilities of the parents signing the form. Upon the birth of a child to an unmarried mother in a Maryland hospital, the hospital administrator or the hospital administrator’s designee shall: Provide an opportunity for the child’s parents to complete an affidavit of parentage; and Forward the executed affidavit of parentage to the Maryland Department of Health, Division of Vital Records. Upon request, authorized individuals employed by participating entities shall provide an affidavit of parentage to an unmarried mother or the individual who did not give birth to the child who wishes to acknowledge the parentage of the child. A properly completed affidavit of parentage shall be: Witnessed if signed in a participating facility or agency; Notarized if not signed in a participating facility or agency; and Forwarded to the MDH/DVR at the address provided on the form. The Administration shall: Maintain and stock informational brochures about the benefits of establishing parentage and the availability of child support services in Maryland; and Provide the brochures to participating entities. Upon the birth of a child to an unmarried mother in a Maryland hospital, the hospital administrator or the administrator’s designee shall furnish the brochures to the parents. Family Law Article, §§5-1028 and 10-114; Health-General Article, §4-208; Annotated Code of MarylandFederal Regulatory Reference — 45 CFR §§302.70 and 303.5; 42 U.S.C. §666(a)(5)(C), (D), and (E) Effective date: June 19, 1995 (22:12 Md. R. 900) Chapter recodified from COMAR 07.07.07 to COMAR 07.07.13 effective March 22, 1999 (26:6 Md. R. 482) Chapter revised effective October 15, 2001 (28:20 Md. R. 1781) Regulation .01 amended effective August 10, 2020 (47:16 Md. R. 737) Regulation .02 amended effective August 10, 2020 (47:16 Md. R. 737) Regulation .03 amended effective August 10, 2020 (47:16 Md. R. 737) Regulation .03A amended effective January 6, 2005 (31:26 Md. R. 1860); February 26, 2007 (34:4 Md. R. 399) Regulation .04 amended effective August 10, 2020 (47:16 Md. R. 737) A child support enforcement privatization program may operate in Baltimore City. The Secretary may contract with private companies to privatize any of the Department's child support enforcement functions, including: Locating absent parents; Establishing paternities; Establishing child support orders; Collecting and disbursing support payments; and Reviewing and modifying child support orders. A private company contracted by the Department to provide child support enforcement services shall comply with: Federal and State laws and regulations governing child support enforcement services under Title IV-D of the Social Security Act; and Policy directives issued by the Child Support Administration. A private contractor may not use information obtained in the provision of child support enforcement services for purposes other than the child support enforcement program or purposes specified under COMAR 07.01.02. Family Law Article, §10-114, Annotated Code of Maryland Effective date: Regulations .01—.08 adopted as an emergency provision effective November 1, 1996 (23:21 Md. R. 1463); adopted permanently effective April 7, 1997 (24:7 Md. R. 552) Chapter recodified from COMAR 07.07.08 to COMAR 07.07.14 effective March 22, 1999 (26:6 Md. R. 482) Regulation .02B amended effective October 15, 2001 (28:20 Md. R. 1782) Regulation .03D amended effective October 15, 2001 (28:20 Md. R. 1782) Regulation .04A amended effective October 15, 2001 (28:20 Md. R. 1782) Regulation .05 amended effective October 15, 2001 (28:20 Md. R. 1782) Regulation .06 amended effective October 15, 2001 (28:20 Md. R. 1782) Chapter revised effective August 2, 2004 (31:15 Md. R. 1184) Chapter revised effective February 7, 2011 (38:3 Md. R. 151) This chapter sets out the procedures of the Child Support Administration for reporting to the Motor Vehicle Administration (MVA) non-custodial parents who owe child support arrears. The purpose of reporting the delinquent non-custodial parents to the MVA is to have the non-custodial parent's license or privilege to drive suspended. In this chapter, the following terms have the meanings indicated. Terms Defined. “License” has the meaning stated in Transportation Article, §11-128, Annotated Code of Maryland. “Motor Vehicle Administration (MVA)” means the Motor Vehicle Administration of the Department of Transportation. “Potential employment” means a bona fide offer of employment or enrollment in job-related training which may lead to a bona fide offer of employment. The Administration may send to the MVA information regarding child support cases in which: The Administration is providing services under Title IV-D of the Social Security Act, 42 USC §651 et seq.; and The obligor is 60 days or more out of compliance with the most recent court or administrative order. Before reporting information to the MVA, the Administration shall send written notice of the proposed action to the last known address of the noncustodial parent. The written notice shall: Include the support enforcement agency's address and telephone number; Contain the following noncustodial parent identification information: Full name, Last known address, Social Security number, Child support case number, and Arrearage amount as of the date of the written notice; Advise the noncustodial parent of the: Opportunity and procedures for entering into an arrearage payment schedule agreement as described in Regulation .04 of this chapter; Right to a reasonable opportunity to contest the Administration's proposed action by requesting an investigation by the Administration as described in Regulation .05 of this chapter; and Procedures to request an investigation. The Administration may not send information to the MVA if: An arrearage payment schedule agreement has been negotiated under Regulation .04 of this chapter, and the noncustodial parent is in compliance with that agreement and with any court order embodying the terms of that agreement; or The Administration has received a proper and timely request for an investigation from the noncustodial parent, as specified in Regulation .05B of this chapter, and, after completion of the investigation, or completion of any subsequent appeal to OAH, the Administration has determined that a claim specified in Regulation .05C of this chapter is valid. If an arrearage payment schedule agreement is not reached or the noncustodial parent's request for an investigation is not postmarked within 30 days of this notice, the Administration may report the noncustodial parent's information to the MVA. An noncustodial parent may contact the support enforcement agency to arrange a written arrearage payment schedule agreement. The support enforcement agency and the noncustodial parent shall attempt to negotiate a mutually acceptable agreement. The arrearage payment schedule agreement shall: Provide for the payment of the full amount of arrearage at the time of the agreement or the reduction of the total arrearage to less than the payments required in a 60-day period; Establish a time limit for the payment of the full amount of the arrearage; Provide for payment of the total amount of arrearage owed based on the noncustodial parent's ability to pay; and Include the date and signature of the noncustodial parent. The agreement shall state that to be in compliance, the noncustodial parent shall: Pay the current support amount; Comply with the arrearage payment schedule agreement; and Make all payments on or by the date each payment is due. The support enforcement agency may petition the court to enter a court order that includes the terms of the agreement. The support enforcement agency shall monitor the noncustodial parent's compliance with the agreement. If the noncustodial parent fails to comply with the agreement, the Administration shall send the noncustodial parent's information to the MVA. A noncustodial parent may contest the Administration's proposed action by requesting an investigation. A request for an investigation shall be effective only if it is: In writing; Signed by the noncustodial parent; and Submitted to the Administration postmarked within 30 days of the date on the notice of the Administration's intent to report information to the MVA. A noncustodial parent may request an investigation only on a claim that: The support obligation does not exist; Amounts specified in the notice are incorrect and the noncustodial parent is less than 60 days out of compliance with the most recent support order; Suspension of the noncustodial parent's license or privilege to drive would be an impediment to the obligor's current or potential employment because a driver's license is required by the employer to perform the duties of the job; Suspension of the noncustodial parent's license or privilege to drive would place an undue hardship on the obligor because of the noncustodial parent's documented disability resulting in a verified inability to work; or Suspension of the noncustodial parent's license or privilege to drive would place an undue hardship on the noncustodial parent because of the noncustodial parent's subsequent inability to comply with the court order due to: Unemployment; Insufficient income to meet the child support obligation; or Incarceration, not on work release and no other resources to meet the child support obligation. A noncustodial parent may submit any documents relevant to the noncustodial parent's claim. A request for an investigation may be withdrawn by the noncustodial parent at any time. Within 5 days of receiving a request for an investigation, the Administration shall send a letter to the custodial parent advising that parent of the: Administration's proposed action; Noncustodial parent's request for an investigation, including the grounds specified; and Right to submit information relevant to the investigation to the Administration within 15 days of the date of the letter. Upon receipt of a request for an investigation, the Administration shall: Use the date of the written notice as the date of determination of the support obligation amount and the calculation of the amount of any arrearage due; Conduct an investigation; Review any documents submitted by the noncustodial parent under §D of this regulation; Review any documents submitted by the custodial parent under §F of this regulation; Prepare a written summary of the conclusions of its investigation and issue a decision concerning the amount of the arrearage; Forward its investigation summary to the noncustodial parent and to the custodial parent; and Advise the noncustodial parent of the right to appeal the decision of the Administration to OAH. The Administration shall advise the noncustodial parent of the right to appeal and the procedures for filing an appeal with OAH. If the request for an appeal hearing is not received within 20 days of the date of the results of the investigation, the Administration may report the information to the MVA. A noncustodial parent has the right to appeal to OAH the Administration's proposed action. An appeal shall be conducted according to COMAR 07.01.04. A noncustodial parent may not appeal except on a claim specified in Regulation .05C of this chapter. Remedies. The administrative law judge shall use the date of the review or hearing as the date for calculating the amount of any arrearage used in the decision. The noncustodial parent is eligible for driver's license reinstatement when the: Noncustodial parent has paid the arrearage in full; Noncustodial parent has paid the administrative or court-ordered amount of support for 6 consecutive months; Administration finds that the noncustodial parent's claim under Regulation .05C of this chapter is valid; or The MVA receives an administrative or court order which orders the MVA to reinstate the noncustodial parent's license. The Administration shall notify the MVA when the noncustodial parent satisfies the reinstatement criteria cited in Regulation .07 of this chapter. Family Law Article, §§10-114 and 10-119; Transportation Article, §16-203; Annotated Code of MarylandAgency Note: Federal Regulatory Reference—42 U.S.C. §666(a)(16) Effective date: Regulations .01—.08 adopted as an emergency provision effective November 1, 1996 (23:24 Md. R. 1673); adopted permanently effective February 24, 1997 (24:4 Md. R. 290) Chapter recodified from COMAR 07.07.09 to COMAR 07.07.15 effective March 22, 1999 (26:6 Md. R. 482) Regulation .02B amended effective April 5, 1999 (26:7 Md. R. 540) Regulation .06 amended effective April 5, 1999 (26:7 Md. R. 540) Chapter revised effective October 15, 2001 (28:20 Md. R. 1782) Regulation .02B amended effective October 25, 2004 (31:21 Md. R. 1544) Regulation .03A amended effective June 7, 2004 (31:11 Md. R. 856); October 25, 2004 (31:21 Md. R. 1544) Regulation .03C, D, E amended effective October 25, 2004 (31:21 Md. R. 1544) Regulation .03E amended effective January 12, 2009 (36:1 Md. R. 21) Regulation .05 amended effective October 25, 2004 (31:21 Md. R. 1544) Regulation .05B, C amended effective January 12, 2009 (36:1 Md. R. 21) Regulation .06A, C amended effective October 25, 2004 (31:21 Md. R. 1544) Regulation .07 amended effective October 25, 2004 (31:21 Md. R. 1544) This chapter establishes the procedures for identifying and reporting certain delinquent obligors of child support to a licensing authority for the purpose of suspension or denial of the obligor's license necessary to practice or engage in a business, occupation, or profession. In this chapter, the following terms have the meanings indicated. Terms Defined. “Arrearage” means unpaid and past due child support payments owed under a court order. “Days” means calendar days except when business days are specified. “License” means a license, certificate, registration, permit, or other authorization that is: Issued by a licensing authority; Subject to suspension, revocation, forfeiture, or termination by a licensing authority; and Necessary for an individual to practice or engage in a particular business, occupation, or profession. Licensing Authority. “Licensing authority” means a State agency, unit of an agency, a commission, board, office, or Court of the State that issues licenses. “Licensing authority” includes: Clerks of the court; Comptroller of the Treasury; Department of Agriculture; Department of Health; Department of Human Services; Department of Natural Resources; Department of the Environment; Department of Transportation Maryland Insurance Administration; Maryland Department of Labor; Office of the Attorney General; Public Service Commission; Secretary of State; State Department of Education; and Court of Appeals. The Administration may request information under this chapter from a licensing authority concerning an obligor who is in arrears amounting to more than 120 days under the most recent court order that is payable through a support enforcement agency. The request for information shall contain the obligor's: Full name; Social Security number; and Most recent address, if known. Upon request from the Administration, a licensing authority shall submit to the Administration information regarding an obligor who is licensed by or has applied for a license from the licensing authority. The licensing authority shall include: The obligor's full name, including aliases, if known; The obligor's most recent home and business addresses; The obligor's Social Security number, if known; A description of the license applied for or held by the obligor; and The date the license was issued, if applicable. The licensing authority shall make available any record compiled under this regulation only to an individual in an official capacity who has a right to the record, except as otherwise provided by law. Except as provided in Regulations .06 and .08 of this chapter, the Administration may request a licensing authority to suspend or deny an obligor's license if the obligor is in arrears amounting to more than 120 days under the most recent court order, and the: Administration has accepted an assignment of support under Article 88A, §50(b)(2), Annotated Code of Maryland; or Recipient of support payments has filed an application for support enforcement services with the Administration. The Administration shall send the obligor written notice of the intended action as provided in Regulation .06 of this chapter. If an individual meets the criteria specified in Regulation .03 of this chapter and holds a license issued by the Court of Appeals, the Administration may make a referral to the Attorney Grievance Commission of Maryland for proceedings in accordance with the Maryland Rules governing attorney discipline. At the recommendation of the Attorney Grievance Commission of Maryland, the Court of Appeals may suspend an individual's license or take other action against the individual as authorized by the Maryland Rules governing attorney discipline. The Administration shall send written notice of the proposed action to the obligor at the obligor's last known address at least 30 days before: Requesting a licensing authority to suspend or deny a license; or Making a referral under Regulation .06 of this chapter. The written notice shall: Include the support enforcement agency's address and telephone number; Contain the following identification information on the obligor: Full name; Last known address; Social Security number; Child support case number; and Arrearage amount as of the date of the written notice; and Advise the obligor of the: Opportunity and procedure for entering into an arrearage payment schedule agreement as provided in Regulation .09 of this chapter; Right to contest, within 15 days of the date of the notice, the accuracy of the information by requesting an investigation by the Administration as provided in Regulation .10 of this chapter; and Procedures to request an investigation. The Administration may not request a licensing authority to suspend or deny a license or make a referral under Regulation .06 of this chapter if: The Administration has entered into an arrearage payment schedule agreement with the obligor, as provided in Regulation .09 of this chapter, and the obligor is complying with the agreement; The Administration has received an investigation request from the obligor, as provided in Regulation .10 of this chapter, and the Administration has determined that it is inappropriate to suspend or deny the license; The obligor has appealed the decision of the Administration to the Office of Administrative Hearings (OAH) and a decision: Has not yet been reached; or In favor of the obligor was reached; or A court has issued an order: For the obligor's scheduled payment of arrearage to which the obligor is complying; Which prohibited the Administration from requesting the licensing authority to suspend or deny the obligor's license or make a referral under Regulation .06 of this chapter; or Which otherwise would be violated by, or in conflict with, a request for license suspension or referral under Regulation .06 of this chapter. An obligor may contact the support enforcement agency to arrange a written arrearage payment schedule agreement. The support enforcement agency shall attempt to negotiate with the obligor to reach a mutually acceptable agreement. The arrearage payment schedule agreement shall: Provide for the: Payment of the full amount of arrearage at the time of the agreement, or Reduction of the total arrearage to less than the payments required in a 120-day period; Establish a time limit for the payment of the full amount of the arrearage; Provide for payment of the total amount of arrearage owed based on the obligor's ability to pay; and Be signed by the: Obligor, and Representative of the local support enforcement agency. The agreement shall state that to be in compliance, the obligor shall: Pay the current support amount; Comply with the arrearage payment schedule agreement; Make all payments on or by the due date of each payment; and Comply with all other court orders and support payment agreements. The support enforcement agency may petition the court to enter a court order that includes the terms of the agreement. The Administration may forward to the licensing authority a request for suspension or denial of the obligor's license or make a referral under Regulation .06 of this chapter if: An arrearage payment schedule agreement is not reached; or The obligor fails to comply with an agreement. An obligor may request that the Administration investigate the accuracy of the Administration's records regarding the support obligation and the arrears. A request for an investigation is effective only if it is: In writing; Signed by the obligor; and Submitted to the Administration in an envelope postmarked within 15 days of the date of the Administration's notice issued under Regulation .07 of this chapter. An obligor may request an investigation on a claim that the: Support obligation does not exist; Obligor is not the individual who owes support under the court order; or Amounts specified in the notice are incorrect. An obligor may submit to the Administration any documents relevant to the accuracy of the claim. An obligor may withdraw a request for an investigation at any time. If the Administration does not receive an investigation request as specified in §B of this regulation, the Administration may: Forward to the licensing authority a request for suspension or denial of the obligor's license; or Make a referral under Regulation .06 of this chapter. Upon receipt of a written request for an investigation, the Administration shall: Conduct an investigation; Use the date of receipt of the request as the date of: Determination of the support obligation amount, and Calculation of the amount of any arrearage due; Review any documents submitted by the obligor; Prepare a written summary of the conclusions of its investigation; Issue a decision concerning the: Amount of the arrearage, and Intent to proceed with the request for license suspension; and Forward to the obligor: The Administration's investigation summary, and Information of the obligor's right to appeal the Administration's decision to OAH. The Administration's notice of the obligor's right to appeal the Administration's decision shall include: The result of the Administration's investigation; The procedures for requesting a record review or an appeal hearing if the results are adverse to the obligor; and Filing fee information. If, after the investigation, the Administration finds its records are incorrect, the Administration: Shall correct its records; and May not send a notification about an individual to a licensing authority or make a referral under Regulation .06 of this chapter. An obligor may appeal to OAH the Administration's decision to request a licensing authority to suspend or deny the obligor's license. The obligor may appeal the decision only on a claim that the: Support order does not exist; Obligor is not the individual who owes support under the order; or Amount of arrearage owed is incorrect. The obligor shall file a signed written appeal with OAH, which shall be received by OAH within 30 days of the Administration's decision. The appeal request shall be for a hearing or record review and be accompanied by: A copy of the investigation summary and a notice of the right to appeal; and Payment of any fee required by OAH. The appeal to OAH shall be conducted as provided in COMAR 07.01.04. Upon request from the Administration, the licensing authority shall: Suspend the obligor's license; or Deny the license of the obligor who is an applicant for a license from the licensing authority. At least 30 days before the licensing authority suspends or denies a license, the licensing authority shall provide written notice to the obligor of the proposed license suspension or denial at the obligor's last known address. The written notice shall advise the obligor of the: Effective date of the proposed suspension or denial; Opportunity to prevent the suspension or denial by contacting the child support enforcement agency within 15 days of the date of the notice to arrange to pay the arrears in full; Right to appeal the proposed license suspension within 30 days of the date of the notice; and Procedures for filing the appeal. The licensing authority shall suspend or deny the obligor's license not later than 45 days from the date of the notice unless: The Administration notifies the licensing authority that the obligor has paid the arrears in full; or The obligor appeals the proposed suspension or denial within 30 days of the date of the notice. The licensing authority shall notify the Administration of the effective date of the suspension of an obligor's license. An obligor may appeal the licensing authority's decision to suspend or deny the obligor's license by filing a signed written appeal, within 30 days of the date of the licensing authority's notice of suspension, with the licensing authority or OAH. The obligor may appeal the decision only on a claim of mistaken identity and has the burden of proof to prove that the obligor is not the individual in question. The appeal to OAH shall be conducted as provided in COMAR 07.01.04. The licensing authority may require that a representative from the Administration: Provide testimony or evidence; or Submit documents for a hearing or record review. The Administration shall notify the licensing authority to reinstate any license suspended or denied within 10 days after the: Administration receives a court order to reinstate the suspended license; Obligor pays the: Support arrearage in full; or Ordered amount of support for 4 consecutive months after the effective date of the license suspension; or Administration discovers it has erred in its decision to request suspension. The licensing authority shall reinstate the license of an obligor within 1 business day upon receipt of a: Notice from the Administration requesting reinstatement; or Court order: Directing the licensing authority to reinstate the license, or Which otherwise would be violated or in conflict with the license suspension. The obligor shall pay the licensing authority any fees associated with reinstatement of the license. Family Law Article, §10-119.3, Annotated Code of Maryland(Agency Note: Federal Statutory Reference—42 U.S.C. §666(a)(16)) Effective date: June 28, 1999 (26:13 Md. R. 1019) Chapter revised effective March 24, 2008 (35:6 Md. R. 696) This chapter establishes the procedures of the Child Support Administration for identifying and reporting certain delinquent obligors of child support to the federal Office of Child Support Enforcement (OCSE) for the denial, revocation, or limitation of the obligor's passport. An obligor with support obligations over $2,500 is subject to denial, revocation, or limitation of the obligor's passport. The Administration shall certify to OCSE an obligor whose support obligation arrearage exceeds $2,500. The Administration shall send written notice of the certification to the obligor at the obligor's last known address at least 30 days before certification. The notice shall advise the obligor of the: Amount of the arrears as of the date of the notice; Possibility that the obligor's passport will be denied, revoked, or restricted by the State Department of the United States; Opportunity to contest the accuracy of the arrears by requesting an investigation; Procedures for requesting an investigation; and Right to appeal the denial, revocation, or limitation of the obligor's passport. The mailing of the notice of certification to the obligor at the last address known to the Administration is considered proper and sufficient notice. Upon notice of certification, an obligor may request that the Administration investigate the accuracy of the records regarding the: Support obligation; and Arrears. A request for an investigation is effective if it is: In writing; Signed by the obligor; and Submitted to the Administration postmarked within 15 days of the date of the Administration's notice of certification for passport denial or limitation. An obligor may request an investigation on a claim that the: Support obligation does not exist; Amounts specified in the notice are incorrect and the arrearage does not exceed $2,500; or Passport is required for employment purposes and neither the obligor nor the obligor’s employer is able to pay the arrears in full. An obligor may submit to the Administration any documents relevant to the accuracy of the information. An obligor may withdraw a request for an investigation at any time. Upon receipt of a timely request for an investigation, the Administration shall: Use the date of receipt of the written request for an investigation as the: Date of determination of the support obligation amount, and Calculation of the amount of any arrearage due; Conduct an investigation by: Determining the date of the notice; Determining the support obligation amount; and Calculating the amount of any arrearage due; Review any documents submitted by the obligor; Prepare a written summary of the conclusions of the investigation which includes: A decision concerning the amount of the arrearages; and The intent of the agency; and Forward the investigation summary to the obligor. If the Administration determines that the child support arrears were in excess of $2,500 as of the date of the notice, the Administration shall notify the obligor that to prevent passport denial or revocation, the obligor shall pay the arrears in full. If the Administration determines that a support obligation does not exist or the obligor owed arrears in an amount of $2,500 or less as of the date of the notice, the Administration shall update the records to reflect the results of the investigation. If the Administration determines that a passport is needed for employment purposes, and that neither the obligor nor the obligor’s employer is able to pay the arrears in full, the Administration may request that the Office of Child Support Enforcement withdraw the passport denial or revocation upon a payment that is less than the full amount of arrears. The State Department of the United States will notify an obligor when the obligor's passport has been denied, revoked, or limited. Within 30 days of receipt of the State Department's notice, the obligor may appeal the Administration's certification of arrears to the Office of Administrative Hearings (OAH). The obligor may appeal only on the claim that: An arrearage does not exist; An arrearage does exist but never exceeded the $2,500 threshold; or A passport is required for employment purposes and neither the obligor nor the obligor’s employer is able to pay the arrears in full. The appeal shall be conducted in accordance with COMAR 07.01.04. The Administration shall request that the Office of Child Support Enforcement withdraw the passport denial if the: Administration has received a court order to withdraw the passport denial; Obligor has: Paid the support arrearage in full; or Provided documentation from the employer that a passport is required for employment purposes and that the Administration has been paid an agreed upon amount that is less than the full amount of arrears; Obligor has appealed the passport denial to OAH and OAH has ruled in favor of the obligor; or Secretary of the Department or a designee of the Secretary determines that the passport denial or revocation would result in undue hardship. Family Law Article, §10-114, Annotated Code of Maryland;42 U.S.C. §654(31) Effective date: May 17, 1999 (26:10 Md. R. 797) Regulation .01B amended effective October 9, 2006 (33:20 Md. R. 1614) Regulation .02A amended effective October 9, 2006 (33:20 Md. R. 1614) Regulation .03C amended effective October 9, 2006 (33:20 Md. R. 1614) Regulation .04 amended effective November 25, 2002 (29:23 Md. R. 1810) Regulation .04B, C amended effective October 9, 2006 (33:20 Md. R. 1614) Regulation .05A, C amended effective November 25, 2002 (29:23 Md. R. 1810) Regulation .06C amended effective November 25, 2002 (29:23 Md. R. 1810); October 9, 2006 (33:20 Md. R. 1614) Regulation .07B amended effective November 25, 2002 (29:23 Md. R. 1810) Chapter revised effective May 12, 2014 (41:9 Md. R. 520) This chapter establishes the procedures of the Child Support Administration for identifying and reporting certain delinquent obligors of child support to the federal Office of Child Support Enforcement (OCSE) for the offset of certain federal payments. In this chapter, the following terms have the meanings indicated. Terms Defined. “Financial Management Services (FMS)” means the unit of the U.S. Department of the Treasury, which, under federal law, offsets certain federal payments to satisfy support obligation arrears. “Offset” means withholding by the FMS of all or part of certain federal payments due an individual, and remitting payments to OCSE for transmittal to the State. The Administration shall certify to OCSE support arrears which are: Assigned to the State if the arrears are $150 or more; and Not assigned to the State if the: Amount of arrears equals or exceeds $500; Obligation is payable to a support enforcement agency, and the certified arrears are on record in that agency; and Obligee is receiving services under the Social Security Act, Title IV, Part D. At least 30 days before certification, the Administration shall send written notice of the certification to the obligor, at the obligor's last known address, which shall advise the obligor of the: Amount of the arrears as of the date of the notice; Possibility that the individual may have certain federal payments offset by FMS; Opportunity to contest the accuracy of the arrears by requesting an investigation; Procedures for requesting an investigation; and Right to appeal the offset. The certification shall provide the: Obligor's name, Social Security number, and case number; and Total amount of accumulated arrears. Without further notice to the obligor, the Administration shall provide OCSE with updates at least monthly to adjust the certified arrears to reflect any payments or additional arrears that accrue. The certification does not affect the Administration's authority to enforce payment of support obligations under other provisions of this subtitle. Upon notice of certification, an obligor may request that the Administration investigate the accuracy of the Administration's records regarding the support obligation and arrears. A request for an investigation is effective if it is: In writing; Signed by the obligor; and Submitted to the Administration postmarked within 15 days of the date of the certification notice. An obligor may: Request an investigation only on a claim that the: Support obligation does not exist; Arrears are inaccurate; or Certification was based on a mistaken identity; Submit to the Administration any documents relevant to the accuracy of the information; and Withdraw a request for an investigation at any time. Upon receipt of a timely request for an investigation, the Administration shall: Conduct an investigation; Review any documents submitted by the obligor; Calculate the arrears owed as of the date of the investigation; Update the case records to reflect new or additional information; Prepare a written summary of the investigation conclusions including a decision concerning the: Amount of the arrears; and Administration's pending actions, if any; and Forward the investigation summary to the obligor. If the Administration determines that the obligor owes child support arrears pursuant to Regulation .03 of this chapter, the Administration shall transmit the certification to OCSE. FMS notifies an obligor in writing when all or part of the obligor's federal payment has been offset. Within 30 days of receipt of the notice from FMS, the obligor may appeal the offset of the federal payment. The appeal may be based only on a claim: That the arrearage: Does not exist; or Does exist, but is less than the amount offset; or Of mistaken identity. The appeal shall be conducted in accordance with COMAR 07.01.04. Family Law Article, §10-114, Annotated Code of Maryland; 31 U.S.C. §3716, Debt Collection Improvement Act, Public Law 104-134 Effective date: September 20, 1999 (26:19 Md. R. 1447) Regulation .03A amended effective February 26, 2007 (34:4 Md. R. 399) This chapter establishes the procedures of the Child Support Administration for: Issuing an administrative earnings withholding notice to an employer of an obligor; Determining the amount of arrears to be withheld by the employer; and Providing the obligor with an opportunity to contest the withholding. In this chapter, the following terms have the meanings indicated. Terms Defined. “Earnings withholding notice” means a notice in a format prescribed by federal law issued by the Administration to an employer requiring the employer to deduct support payments from the earnings of an obligor. “New hire data match” means the automated process of matching obligors who owe a child support obligation with information on a newly hired employee reported by employers under 42 U.S.C. §653(a). “Newly hired employee” means an employee who: Has not been previously employed by the employer; or Was previously employed by the employer but has been separated from such prior employment for at least 60 consecutive days. “Support” includes: Child support; Spousal support if included in an order for child support; Nondifferentiated child and spousal support; and Any medical support ordered by a court, including converted funds as defined in Health-General Article, §15-122.2, Annotated Code of Maryland. The Administration may issue an earnings withholding notice if a tribunal has issued a support order subjecting the obligor to earnings withholding, and either: The Administration is providing child support services under Title IV-D of the Social Security Act; or The obligor requests the service of an earnings withholding order under Title IV-D of the Social Security Act. The Administration shall issue the earnings withholding notice based on information obtained from: The new hire data match; The federal parent locator service; or Other verifiable sources. In cases where employment information is received through the new hire data match, the Administration shall issue an earnings withholding notice not later than 2 business days after the match, unless the obligor is not subject to withholding under 42 U.S.C. §666(b)(3). If employment information is received from sources other than the new hire data match, the Administration shall issue an earnings withholding notice not later than 2 business days after the employment information has been verified, unless the obligor is not subject to withholding under 42 U.S.C. §666(b)(3). The Administration shall: Determine the total amount to be withheld from the obligor's earnings pursuant to Family Law Article, §10-122, Annotated Code of Maryland; and Specify the amount to be withheld in the earnings withholding notice. The total amount withheld shall be sufficient to pay: Any current support obligation as specified in the support order; Any amount specified in the support order to be applied toward arrearages existing at the time the court issued the support order; and Any amount to be determined by the Administration to be applied toward arrearage accumulated after the issuance of the support order. The amount due on a monthly basis under §B(3) of this regulation shall be 25 percent of the current monthly support obligation specified in the most recent support order, unless a lesser amount is set by the Administration after a request for reduction on grounds specified in Regulation .10B of this chapter. The total amount to be withheld from the obligor's earnings may not exceed the maximum amount permitted under §303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. §1673(b). The Administration shall serve an employer with an earnings withholding notice by: First class mail; Certified mail; or Electronic format, if the employer has entered into an agreement with the Administration to accept service of an earnings withholding notice in this manner. When the Administration serves the earnings withholding notice on an employer, the Administration shall send, by first class mail, notification of the administrative action to the obligor at the obligor's: Last known home address; and Place of employment. The notification sent to the obligor shall include: A copy of the earnings withholding notice; A statement of the obligor's right to contest the accuracy of the information contained in the earnings withholding notice by filing a motion for stay of the earnings withholding notice in the circuit court or by requesting an investigation by the Administration, noting that any contest must be initiated within 30 calendar days of the date the earnings withholding notice was mailed to the obligor; A statement of the amount of arrears apportioned to each payment that is to be included in the amount of earnings withheld; and A statement of the procedures under Family Law Article, §10-134, Annotated Code of Maryland, that the obligor shall follow to terminate earnings withholding. Upon receipt of an earnings withholding notice, an employer shall, beginning with the next pay period after receipt of the notice: Deduct the amount of the withholding from the obligor's earnings on a regular basis; and Send the deducted amount to the State disbursement unit as specified in the earnings withholding notice, within 7 business days after the day on which the earnings are paid to the obligor. An employer may deduct and retain an additional $2 for each deduction made under the earnings withholding notice. Within 10 days after the obligor terminates employment, the employer shall: Notify the Administration of the termination; Provide the Administration with the obligor's last known address; and Provide the Administration with the name and address of the obligor's new employer, if known. The Administration shall issue an amended earnings withholding notice to an obligor's employer when: The support obligation changes; The Administration changes the amount to be paid toward the arrears; or All arrears have been paid in full and only current support is due. The Administration shall issue a notice to terminate earnings withholding when: The child support obligation is terminated; and All arrears, if any, are paid in full. An earnings withholding notice sent to an employer is sufficient to order withholding. An earnings withholding notice is binding on each present and future employer on whom a copy of the earnings withholding notice is served. An obligor may contest the accuracy of the information contained in an earnings withholding notice by filing a: Request for an investigation with the Administration within 15 days of the date the earnings withholding notice was mailed to the obligor under Regulation .05 of this chapter; or Motion for stay of the earnings withholding notice in circuit court within 15 days of the date the earnings withholding notice was mailed to the obligor under Regulation .05 of this chapter. The grounds for contest shall be limited to the accuracy of the earnings withholding notice. The obligor may contest: The existence of an arrearage; The amount of the withholding or the amount of any arrearage; The identity of the obligor; or That the amount specified in the earnings withholding notice exceeds the maximum amount permitted under §303(b) of the federal Consumer Credit Act, 15 U.S.C. §1673(b). In addition to the grounds specified in §A of this regulation, the obligor may seek a reduction in the amount of withholding set by the Administration under Regulation .04B(3) of this chapter to pay arrearages accumulated after the issuance of the most recent support order. The request shall be based upon proof that the obligor is incurring and meeting extraordinary expenses on behalf of the child in addition to any court ordered payments. If the evidence submitted under §B of this regulation warrants, the Administration may reduce the amount due accordingly. In any case, the amount due to pay arrearage accumulated after the issuance of the most recent court order shall be at least $1 but not more than 25 percent of the current monthly support obligation specified in the most recent support order. When deciding a request for reduction brought under §B of this regulation, the Administration shall make a specific written finding on the record. The written finding shall include a statement of the: Total amount of postorder arrears due; Amount of postorder arrears which would have been due on a monthly basis if the rule stated in Regulation .04C of this chapter had been invoked; Amount of postorder arrears which the Administration decides shall be due on a monthly basis; and Facts upon which the Administration relied in reaching its decision. An obligor may contest the accuracy of the information provided in the earnings withholding notice by requesting an investigation. A request for an investigation is effective only if it is: In writing; Signed by the obligor; Accompanied by a copy of the earnings withholding notice; Sent to the Administration at the address provided in the earnings withholding notice; and Received by the Administration not later than 30 days after a copy of the earnings withholding notice was mailed to the obligor. The only issues that may be contested in an investigation are those in Regulation .10 of this chapter. Upon receiving a request for an investigation, the Administration shall: Conduct and complete an investigation within 15 days of the date of receiving the obligor's request for an investigation; Upon completion of the investigation, promptly notify the obligor in writing of the result of the investigation; and Advise the obligor of the right to appeal the Administration's decision to the Office of Administrative Hearings. The obligor may appeal the results of the Administration's investigation to OAH. The only issues that may be appealed to OAH are those in Regulation .10 of this chapter. The appeal to OAH shall be effective only if it is: Submitted in writing on a form provided by the Administration; Signed by the obligor; Accompanied by: A copy of the results of the Administration's investigation; A copy of the earnings withholding notice; and Payment of any fee required by OAH; and Received by OAH within 30 days of the date the results of the investigation were mailed to the obligor. OAH shall conduct a hearing and inform the obligor and the Administration of the results of the appeal in accordance with COMAR 07.01.04. The decision rendered by OAH shall be the final decision of the Administration. The obligor or the Administration may seek a judicial review of a final decision. Family Law Article, §§10-114, 10-120—10-138, and 12-105, Annotated Code of MarylandAgency Note: Federal Regulatory Reference—45 CFR §§302-35 and 303.100 Effective date: March 17, 2003 (30:5 Md. R. 366) Regulation .02B amended effective December 24, 2012 (39:25 Md. R. 1611) Regulation .05B amended effective October 11, 2004 (31:20 Md. R. 1484) Regulation .11B amended effective October 11, 2004 (31:20 Md. R. 1484) The purpose of this chapter is to: Establish the procedures of the Child Support Administration for issuing a national medical support notice (NMSN) to an employer of a parent who is obligated under a child support order to provide medical support for the child; Establish specific responsibilities, procedures, and time frames for employers, insurers, and health insurance plan administrators with respect to enrolling children in health insurance plans; and Create an administrative appeal process for the parent to contest the enforcement of the NMSN. In this chapter, the following terms have the meanings indicated. Terms Defined. “Child support order” means an order issued by a tribunal establishing a parent's obligation to pay child support or provide medical support for a child. “Health insurance coverage” means any type of health care coverage under which medical care services can be provided to the child through an insurer. “Insurer” means: An insurer, a nonprofit health service organization, or a health maintenance organization operating in the State under a certificate of authority issued by the Maryland Insurance Commissioner; An entity that provides a group health plan, as defined in §607(1) of the Employee Retirement Income Security Act of 1974 (ERISA); or An entity offering a service benefit plan as defined by federal law. “National medical support notice (NMSN)” means a notice in a format prescribed by federal law and issued by a tribunal for the purpose of enforcing the medical support provisions in a child support order. “Plan administrator” means the person responsible for administering the group health plan or other employer's insurance plan in which an obligated parent is enrolled or eligible for enrollment. “Qualified medical child support order” means a medical child support order issued under State law that complies with §609(A) of ERISA. “Tribunal” means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify a child support order. The Administration shall issue an NMSN for any child support case in which: An individual is receiving services under Title IV-D of the Social Security Act; A tribunal has ordered the obligated parent to include the child in the parent's health insurance coverage; Health insurance coverage is available through the obligated parent's employer; and The child does not have health insurance coverage. When the Administration issues an NMSN pursuant to §A of this regulation, the Administration shall issue the NMSN within 2 business days of: Receipt of employment information from the State directory of new hires indicating that the employer offers health insurance coverage; or Verification of employment information from sources other than the State directory of new hires. A properly completed NMSN has the same force and effect as a qualified medical child support order. Subject to federal law, an NMSN has priority over any other lien or legal process, except for the current support and support arrears withheld under an earnings withholding order or notice. An NMSN issued by a tribunal in any other state or territory has the same force and effect as an NMSN issued in this State. The Administration shall serve an employer with an NMSN by first class mail. The Administration may issue an NMSN separate from or in conjunction with an earnings withholding order or an earnings withholding notice. When the Administration serves an NMSN on the employer of an obligated parent under order to provide medical support, the Administration shall forward to the obligated parent: Notification that the NMSN was sent to the employer; and A form that the obligated parent completes to request an investigation. The Administration shall send the information as provided for in §C of this regulation by first class mail to the obligated parent at the parent's: Home address last reported to the court; or Place of employment, if the Administration has reason to believe that the home address is incorrect. Within 20 business days of receipt of the NMSN, the employer shall: Complete and forward Part A of the NMSN to the Administration if: The employer does not maintain or contribute to plans providing dependent or family health care coverage; The employee is not eligible for family health coverage; or Health care coverage is not available because the employee is no longer working for the employer; or Forward Part B of the NMSN to the employer's insurer, as required by the NMSN. Within 20 business days of receipt of an NMSN from an employer, an insurer shall: Determine if the NMSN contains the: Employee's name and mailing address; and Child's name and mailing address or the address of the Administration; If the NMSN does not contain the required information, complete Part B of the NMSN and forward it to the Administration and the employer indicating that the NMSN is incomplete and therefore does not constitute a qualified medical child support order; or If the NMSN contains the required information, enroll the child in a health care plan and send written notification of eligibility for enrollment and information about the insurance plan as specified in the NMSN to the: Employee; Employer; Other parent; and If requested, the Administration. Upon receiving notice from the insurer of the eligibility of an employee's child for enrollment, the employer shall: Withhold from the employee's next pay and each pay thereafter the amount of the employee contribution required to enroll the child, and notify the employee of the deduction; If the employee's child is ineligible for health insurance coverage but will become eligible, withhold from the employee's earnings, at the earliest time the employee's child becomes eligible, the contribution required to enroll the child, and notify the employee of the deduction; If the employer determines that the employee's child is not eligible for health insurance coverage, complete and forward Part A of the NMSN to the Administration indicating the reason the child is ineligible; or If the Federal Consumer Credit Protection Act withholding limitations or prioritization as specified in Regulation .06B of this chapter prevents withholding from the employee's earnings the amounts required for enrollment, complete and forward Part A of the NMSN to the Administration indicating the employee's income is insufficient for enrollment. If the employer withholds a contribution under §D(1) or (2) of this regulation, the employer shall send to the insurer the amount deducted from the employee's earnings each pay period within 10 business days after the day on which the earnings are paid to the employee. Within 15 days of the first deduction from the employee's pay, the employer shall provide to both parents and to the Administration the following information: The employee's Social Security number; The name, address, and telephone number of the insurer; The policy number; The group number; The effective date of coverage; and Any schedule of benefits. The amount of an employee's contribution for health insurance coverage to be withheld by an employer may not exceed the lesser of the amount: Specified in the underlying child support order; or Allowed by the limits of the Federal Consumer Credit Protection Act. If an employee's wages are insufficient for full withholding of all court-ordered obligations and the full cost of health insurance, the employer shall withhold in accordance with the following priority: Current child support; Child support arrears; Health insurance coverage premiums; Other medical support costs pursuant to the Family Law Article, §12-101(d), Annotated Code of Maryland; and Other costs owed to the Administration as allowed by law. If the amount available for withholding is insufficient to pay amounts owed for court ordered support and the full cost of health insurance premiums, the employer shall complete and forward Part A of the NMSN to the Administration. If the insurer sends written notice to the Administration that the obligated parent is eligible for more than one health insurance plan, and the parent is not enrolled in any plan that provides dependent coverage, the Administration shall select a plan in consultation with the custodial parent. If the Administration attempts to consult with the custodial parent as provided for in §A of this regulation, and the custodial parent fails to participate in the selection of a plan, the Administration shall select a plan: That provides comprehensive coverage, including: Hospital services; Medical services; and Prescriptions; That provides services that are accessible to the child; and Whose cost, in combination with the amount withheld for cash support, does not exceed the applicable withholding limits set by the Federal Consumer Credit Protection Act. If more than one plan meets the criteria set forth in §B of this regulation, the Administration shall select the least costly plan. If no plan meets all of the criteria set forth in §B of this regulation, the Administration: May not select a plan; and Shall allow the insurer to select a default plan. A parent or the Administration may take civil action against an employer or insurer who fails to comply with the provisions of the NMSN without good cause. An obligated parent shall have one opportunity to contest the withholding of earnings for the cost of health care coverage for a child enrolled in the plan pursuant to an NMSN, based on a mistake of fact, by requesting an investigation. A request for an investigation pursuant to §A of this regulation shall be: In writing on a form provided by the Administration; and Submitted to the Administration not later than 15 days after: Receiving the notification as specified in Regulation .04C of this chapter; or The first deduction for the health insurance premium is made from the employee's earnings. The only issues that may be contested are: The identity of the obligated parent; That there is no underlying child support order requiring the parent to provide medical support for the child; That the amount of the withholding exceeds the limits of the Federal Consumer Credit Protection Act; or That the child for whom health insurance coverage is sought is emancipated. Within 15 days of receiving a timely request for an investigation, the Administration shall: Conduct an investigation; and Notify the obligated parent in writing of the: Results of the investigation; and Right to appeal the Administration's decision to the Office of Administrative Hearings (OAH) as provided in Regulation .10 of this chapter. Enrollment of an employee's child may not be stayed or terminated until the employer receives written notice from the Administration that the contest is resolved in the employee's favor. The obligated parent may appeal to the Office of Administrative Hearings (OAH) the results of the Administration's investigation based on a mistake of fact. The only issues that may be appealed to OAH are: The identity of the obligated parent; That there is no underlying court order requiring the employee to provide medical support for the child; That the amount of the withholding exceeds the limits of the Federal Consumer Credit Protection Act; or That the child for whom health insurance coverage is sought is emancipated. The appeal to OAH is effective only if it is: Submitted in writing on a form provided by the Administration; Signed by the obligated parent; Received by OAH within 15 days after receiving the written results of the investigation; Accompanied by a copy of the results of the Administration's investigation; and Accompanied by payment of any fee required by OAH. OAH shall conduct the hearing and inform the obligated parent and the Administration of the hearing results in accordance with COMAR 07.01.04. Enrollment of an employee's child may not be stayed or terminated until the employer receives written notice from the Administration that the appeal has been resolved in the employee's favor. The Administration shall send a notice to the employer to terminate the NMSN within 15 days of obtaining documentation that: The court order requiring medical support was terminated by the court; The order for medical support is no longer in effect; The child has died or reached the age of emancipation; The results of an investigation conducted pursuant to regulation .09 of this chapter warrant termination of the NMSN; or A decision from the Office of Administrative Hearings (OAH) in an appeal filed by the parent was resolved in favor of the parent. Family Law Article, §§10-114, 12-102—12-102.3; Health-General Article, §19-706; Insurance Article, §15-405; Annotated Code of Maryland(Agency Note: Federal Regulatory References: 29 CFR Part 2590 and 45 CFR §303.32); 42 U.S.C. §652(f) Effective date: August 4, 2003 (30:15 Md. R. 991) Regulation .01A amended effective October 6, 2008 (35:20 Md. R. 1773) Regulation .02B amended effective October 6, 2008 (35:20 Md. R. 1773) Regulation .03 amended effective October 6, 2008 (35:20 Md. R. 1773) Regulation .03A, C amended effective October 11, 2004 (31:20 Md. R. 1484) Regulation .04 amended effective October 6, 2008 (35:20 Md. R. 1773) Regulation .04A amended effective October 11, 2004 (31:20 Md. R. 1484) Regulation .05 amended effective October 6, 2008 (35:20 Md. R. 1773) Regulation .07A amended effective October 6, 2008 (35:20 Md. R. 1773) Regulation .07A, B amended effective October 11, 2004 (31:20 Md. R. 1484) Regulation .07B amended effective August 9, 2010 (37:16 Md. R. 1060) Regulation .09 amended effective October 6, 2008 (35:20 Md. R. 1773) Regulation .10 amended effective October 6, 2008 (35:20 Md. R. 1773) This chapter sets forth the Administration's procedures for garnishing financial accounts owned by delinquent child support obligors. The chapter also clarifies the reasons for which an obligor or other account holder of interest may challenge the Administration's actions. In this chapter, the following terms have the meanings indicated. Terms Defined. “Account” has the meaning specified in Family Law Article, §10-108.2(a)(2), Annotated Code of Maryland. “Account holder of interest” has the meaning specified in Family Law Article, §10-108.2(a)(3), Annotated Code of Maryland. “Delinquent obligor” means an obligor who is $500 or more in arrears of a child support obligation and has made no payment in 60 days. “Financial institution” has the meaning specified in Family Law Article, §10-108.2(a)(4), Annotated Code of Maryland. “Good cause” means a mistake of fact. The Administration may take action to garnish an account owned by a delinquent obligor to satisfy child support arrears. The Administration's procedures for garnishing an account shall comply with the provisions of Family Law Article, §§10-108.3 and 10-108.4, Annotated Code of Maryland. If, pursuant to Family Law Article, §10-108.3(h), Annotated Code of Maryland, an obligor or account holder of interest challenges the Administration's actions, the challenge may be based only on a claim that: There is a mistake of fact, including: A mistake in the identity of the obligor; A mistake in ownership of an account; A mistake in the contents of an account; A mistake in the amount of arrearage due; or Other good cause; or The seized funds are exempt under Courts and Judicial Proceedings Article, §11-504 or 11-603, Annotated Code of Maryland. If, pursuant to Family Law Article, §10-108.3(h)(1)(ii), Annotated Code of Maryland, the obligor or account holder of interest challenges the Administration's actions by filing a motion with the circuit court, the obligor or account holder of interest shall provide written notice to the Administration at the time the motion is filed. An appeal to the Office of Administrative Hearings (OAH) pursuant to Family Law Article, §10-108.3(l), Annotated Code of Maryland, may be based only on the grounds specified in Regulation .04A of this chapter. The appeal to OAH shall be conducted in accordance with COMAR 07.01.04. The Administration shall send notice to the financial institution to forward the appropriate amount of funds seized if: No timely challenge of the Administration's actions is filed pursuant to Family Law Article, §10-108.3(h), Annotated Code of Maryland; No timely appeal to the Office of Administrative Hearings is filed pursuant to Family Law Article, §10-108.3(l), Annotated Code of Maryland; or The Administration has not received the notice required under Regulation .04B of this chapter within 30 days of the date of the notice sent by the Administration pursuant to Family Law Article, §10-108.3(e), Annotated Code of Maryland. Family Law Article, §§10-108.2—10-108.4 and 10-114, Annotated Code of MarylandFederal Statutory Reference: 42 U.S.C. §§666(a)(17) and (c)(1)(G)(ii) Effective date: August 16, 2004 (31:16 Md. R. 1254) This chapter describes the procedures of the Administration to establish a child support obligation by means of an affidavit of support. The chapter also describes the process for rescinding an executed affidavit of support. In this chapter, the following terms have the meanings indicated. Terms Defined. “Child support order” has the meaning stated in Family Law Article, §10-1A-01, Annotated Code of Maryland. “Date of execution” means: The date that all parties and the Administration have signed the affidavit of support form; or If a party or the Administration signs the affidavit of support on a date that is different from the date the other party or the Administration has signed, then the latest of the dates. “Executed affidavit of support” means an affidavit of support form that all parties and the Administration have signed. “On the record” means a document attached to the affidavit of support which delineates the reasons for deviating from child support guidelines pursuant to Family Law Article, Title 12, Subtitle 2, Annotated Code of Maryland. “Party” has the meaning stated in Family Law Article, §10-1A-01, Annotated Code of Maryland. “Support conference” means a conference conducted by the Administration to provide an opportunity to the parties to voluntarily agree to the provisions of a support obligation. The Administration may initiate action to establish a child support obligation pursuant to Family Law Article, Title 10, Subtitle 1A, Annotated Code of Maryland, if: A party is receiving child support services under Title IV, Part D, of the Social Security Act; Paternity of the child has been established; A support conference, as specified in §B of this regulation, has been conducted; and The support conference resulted in an agreement by the parties. Support Conference. Before the execution of an affidavit of support, the Administration shall provide notice to the parties to attend the support conference. The notice shall: Specify the date, time, and location of the support conference; Advise the parties of the purpose of the support conference; Specify the documentation the parties are required to provide; and Be provided to the parties at least 30 days before the date on which the support conference will be held. Support Obligation Amount. The Administration shall compute the child support obligation pursuant to Family Law Article, Title 12, Subtitle 2, Annotated Code of Maryland. The Administration may consider the factors stated in Family Law Article, §12-202, Annotated Code of Maryland, to determine if application of the guidelines would be unjust or inappropriate in a particular case. Upon determining that application of the guidelines is unjust or inappropriate in a particular case, the Administration shall make a written finding on the record. The Administration's finding shall state: The amount of child support that would have been required under the guidelines; How the affidavit of support varies from the guidelines; How the finding serves the best interest of the child; and In cases in which items of value are conveyed instead of a portion of the support presumed under the guidelines, the estimated value of the items conveyed. Executing an Affidavit of Support. An affidavit of support shall be on a standardized form developed by the Administration. The completed affidavit of support form shall contain: Those statements provided for in Family Law Article, §10-1A-02(c), Annotated Code of Maryland; and Any other information considered appropriate by the Administration. Before completing an affidavit of support form, the Administration shall inform the parties, orally and in writing, of: The legal consequences of executing the affidavit; and The right to seek legal counsel. The Administration shall provide each party with a copy of the executed affidavit of support. Following the 60-day rescission period specified in Regulation .04A of this chapter, the Administration shall file the affidavit of support with the clerk of a circuit court within 30 days following the recission period for the court's approval. A party may rescind the affidavit of support within 60 days after execution. To be effective, the request for rescission shall be: In writing, on a standardized form developed by the Administration; Signed and dated before a notary public; and Received by the Administration within 60 days from the date of execution. When an affidavit of support is properly rescinded: The obligation for ongoing support terminates; Any arrears accrued after the affidavit of support was executed remain owed to the obligee until paid; and Any support amount paid and disbursed to the custodial parent after the affidavit of support was executed, is owed to the custodial parent and is not subject to a refund to the noncustodial parent. The Administration shall enforce the provisions of the affidavit of support and collect the support obligation, including arrearages, from the date of execution. The affidavit of support shall be regarded in the same manner as a child support order issued by a court, with all the same enforcement remedies, including contempt of court, that are available to a support order issued by a tribunal. Pursuant to Family Law Article, §10-1A-03, Annotated Code of Maryland, if any party to the affidavit of support presents evidence to the Administration of a material change in circumstances since entry of the last child support order, the parties may execute a subsequent affidavit of support. If there is a preexisting child support order, the subsequently executed affidavit of support supersedes the order until overruled by a tribunal. Family Law Article, Title 10, Subtitle 1A, Annotated Code of Maryland Effective date: November 3, 2008 (35:22 Md. R. 1956) The purpose of this chapter is to establish the procedures for administering the Child Support Payment Incentive Program. The purpose of this Program is to encourage low income noncustodial parents to make consistent payments of child support in exchange for a reduction of permanently assigned State owed arrears. In this chapter, the following terms have the meanings indicated. Terms Defined. “Noncustodial parent's household” means the noncustodial parent, the children living in the noncustodial parent's current household, and the children for whom the noncustodial parent is required to pay child support under a support order that is the subject of the application to the Program. “Program” means the Child Support Payment Incentive Program. To be considered for participation in the Program, the noncustodial parent shall: Submit to the Administration a completed application on a form provided by the Administration; Provide all information specified in the application form; and Include documentation as required by the Administration. The Administration shall provide a written decision to the noncustodial parent not later than 60 days after the receipt of the application. The applicant shall be the noncustodial parent associated with a Maryland court order, for which there has been an assignment of support rights pursuant to Human Services Article, §5-312(b)(2), Annotated Code of Maryland. The noncustodial parent's gross income shall be less than 225 percent of the federal poverty level, as defined by the United States Department of Health and Human Services, for the noncustodial parent's household size as defined in Regulation .02B(1) of this chapter. Within 60 days of receiving a complete application, the Administration shall: Take into consideration: The noncustodial parent's current ability to pay; Whether the reduction of arrearages will encourage the noncustodial parent's economic stability; and Whether the agreement serves the best interests of a child for whom the noncustodial parent is required to support; Make a determination to accept or deny the application for participation; Provide written notice to the noncustodial parent regarding the Administration's decision; and If participation in the Program is denied, provide information regarding: The noncustodial parent's right to appeal; and The manner in which the appeal may be made pursuant to Regulation .06 of this chapter. If the Administration determines that the noncustodial parent's situation meets any one of the criteria described in §A(1) of this regulation, the Administration may presume that it is in the best interest of the State to authorize a noncustodial parent to participate in the Program. If an unemployed noncustodial parent applies to participate in the Program, the Administration shall give the noncustodial parent a list of referrals to programs that prepare individuals for entry into the workforce. If participation to the Program is denied, the Administration shall provide information to the noncustodial parent regarding a right to appeal the decision to the Office of Administrative Hearings (OAH). The Administration shall provide an appeal form along with the notice. A noncustodial parent who is appealing the Administration's decision shall file the appeal with OAH not later than 30 days from the date of the Administration's decision notice. OAH shall conduct an appeal in accordance with COMAR 07.01.04. If the noncustodial parent is authorized to participate in the Program, the Administration shall enter into an agreement with the participating noncustodial parent. The agreement shall include the following: An arrearage reduction schedule as described in Regulation .08 of this chapter; A statement that all enforcement actions shall be suspended, unless the suspension would be in conflict with federal law, such as Passport Denial and federal tax intercept; and The requirement that any earnings withholding in place shall continue in an amount consistent with the agreement. If the noncustodial parent makes: 12 months of consecutive court ordered payments, the arrearages shall be reduced by 50 percent of the amount of arrearages owed at the time of the agreement or the balance due at the end of the 12-month period, whichever is less; and 24 months of consecutive court ordered payments, the remaining arrearages from the original agreement shall be reduced to zero. The Administration shall distribute any child support arrearages received under this regulation in accordance with federal law. If the noncustodial parent fails to make two consecutive monthly support obligation payments, the noncustodial parent shall be terminated from the Program. If the noncustodial parent is terminated from the Program more than two times, the noncustodial parent is ineligible for future participation in the Program. If the noncustodial parent is terminated from the Program, as described in Regulation .09 of this chapter, and requests reapplication into the Program, the noncustodial parent may reapply and enter into a new agreement with the understanding that the time period starts from the time the noncustodial parent enters into the new agreement. Family Law Article, §§10-112.1 and 10-114, Annotated Code of Maryland Effective date: March 9, 2009 (36:5 Md. R. 421) The Administration shall establish a procedure by which an obligee may challenge the Administration’s intent to adjust the payment record of an obligor who has been sentenced to a period of incarceration of 18 months or more. The dministration may only make such an adjustment under this regulation with respect to a support order issued or modified after October 1, 2012. At the time of sentencing is expected to be imprisoned for 18 consecutive months or more: Including time served; and Excluding any portion of the sentence that is suspended; Has no resources from which to pay support; Is not on work release; and Did not commit the crime with the intent of being incarcerated or otherwise becoming impoverished. The Administration is providing services under Title IV-D of the Social Security Act. The Administration may adjust an eligible obligor’s payment account after an obligor is sentenced to at least 18 consecutive months, without filing a motion with the court. The Administration shall send written notice of the proposed action to the obligee, prior to adjusting the obligor’s payment account, that indicates that the obligee may object to the proposed action. Within 20 days of the date of the notice, an obligee may object to the proposed action by requesting that the Administration conduct an investigation. An obligee may request an investigation only on a claim that the obligor: Was sentenced prior to October 1, 2012; Was sentenced to less than 18 consecutive months; Had resources from which to pay support; Was on work release; or Committed the crime with the intent of becoming incarcerated or otherwise impoverished. An obligee shall submit to the Administration any documents relevant to the claim. Upon receipt of a timely request for an investigation, the Administration shall: Conduct an investigation; Review any documents submitted by the obligee; Prepare a written summary of the investigation, including any pending action; and Forward the investigation summary to the obligee. In the event the obligee disagrees with the action of the Administration, the obligee may file their objection with the Office of Administrative Hearings. Family Law Article, §§10-114 and 12-104.1, Annotated Code of Maryland Effective date: April 15, 2013 (40:7 Md. R. 609)