Maryland Child Support Laws: Interstate Cases And Applications

Maryland has had child support guidelines in place since 1990, which provide a formula for calculating child support based on a proportion of each parent's gross income. The state's Uniform Interstate Family Support Act (UIFSA) allows for the establishment, enforcement, and modification of child support orders across state lines. Maryland's UIFSA enables individuals to apply for child support services in their state of residence, avoiding the need for personal appearances in Maryland. The act also facilitates the recognition and enforcement of child support orders from other states.

Maryland Uniform Interstate Family Support Act (UIFSA)

The Maryland Uniform Interstate Family Support Act (UIFSA) is a law that provides procedures for establishing, enforcing, and modifying child support orders across state lines. It is designed to ensure that parents meet their legal obligation to financially support their children, even when they live in different states. The UIFSA helps to ensure that children receive the financial support they need by making it easier for states to work together to establish, enforce, and modify child support orders.

Part I: General Provisions

The UIFSA defines key terms used in the Act, such as "child," "tribunal," and "support order." It also establishes the tribunals of the state, which are the courts, administrative agencies, or quasi-judicial entities authorized to deal with family support matters.

Part II: Jurisdiction

The UIFSA sets out the bases for a tribunal's jurisdiction over a non-resident, including if the individual is personally served within the state or if they submit to the jurisdiction by consent. It also addresses situations where simultaneous proceedings are taking place in another state and establishes the principle of "continuing, exclusive jurisdiction," which means that only one valid support order may be in effect at any given time.

Part III: Civil Provisions of General Application

This part outlines the procedures for initiating proceedings under the UIFSA, including the filing of a complaint and the required contents of the complaint. It also addresses the application of state law, the duties of the initiating and responding tribunals, and the role of support enforcement agencies.

Part IV: Establishment of Support Order

This part sets out the procedures for establishing a support order, including the information that must be included in the complaint and the circumstances under which a temporary support order may be issued.

Part V: Enforcement of Order of Another State Without Registration

This part addresses the enforcement of income withholding orders from another state, which is a procedure that allows a support order to be sent directly to an obligor's employer in another state without the need for court involvement. It also covers the employer's compliance with such orders and the immunity from civil liability for complying with them.

Part VI: Registration, Enforcement, and Modification of Support Order

This part sets out the procedures for registering a support order from another state for enforcement or modification. It covers the recognition of child support orders, the choice of law to be applied, and the process for contesting the validity or enforcement of a registered order. It also addresses the modification of child support orders, including the circumstances under which a tribunal may modify an existing order.

Part VII: Determination of Parentage

This part authorizes a tribunal to determine parentage in an interstate proceeding, either on its own or in conjunction with a proceeding to establish a support order.

Part VIII: Interstate Rendition

This part addresses the grounds and conditions for interstate rendition, which is the process of surrendering an individual charged with failing to provide support for a child to another state.

Child support order enforcement

Child support is a legal obligation in Maryland, requiring parents to provide financial assistance for the care and well-being of their children. This obligation typically arises when parents separate, divorce, or no longer live together with their children. In Maryland, each county has established a Child Support Enforcement Agency to assist in collecting child support payments and enforcing court orders. Here are some key aspects of child support order enforcement:

Enforcement Agencies and Tools

The Maryland Child Support Administration (CSA) plays a crucial role in enforcing child support orders. The CSA has various tools at its disposal to ensure compliance:

• Withholding child support from wages, unemployment benefits, or Workers' Compensation claims.
• Intercepting tax refunds, lottery winnings, or other financial assets to cover arrears.
• Reporting parents owing past-due support to credit bureaus and their new employers.
• Referring parents with arrears to the Motor Vehicle Administration for driver's license suspension.
• Garnishing accounts at financial institutions.
• Requesting the suspension or revocation of professional or recreational licenses.
• Taking legal action, such as contempt of court proceedings, to enforce payment.

Court Actions

If a parent fails to comply with a child support order, the custodial parent can take several legal steps:

• File a Motion to Compel: The court can order additional payments to make up for missed ones.
• Obtain a Wage Assignment: The court can order an employer to make direct payments from the non-compliant parent's wages.
• Contempt of Court: The court can find the non-compliant parent in contempt and impose remedies, including temporary incarceration until they pay a certain amount.

Interstate Enforcement

Even if a parent lives in another state or country, Maryland's CSA can still work to enforce child support orders. The Uniform Interstate Family Support Act (UIFSA) enables the enforcement of child support orders across state lines. Additionally, the federal and state Parent Locator Services help find non-paying parents and enforce support orders.

Child Support Guidelines

Maryland has established guidelines for calculating child support, based on a proportion of each parent's gross income. These guidelines can be adjusted based on individual circumstances, ensuring that the child's financial needs are met.

Child support order modification

Child support orders can be modified in Maryland, but this will not happen automatically. One of the parents must request the change by filing a formal motion to the court. The court that made the original child support award has the authority to modify the order if conditions change. Either parent may request the court to change the order while the child is under 18 years old. The court will need to see a clearly indicated change in the parties' circumstances, needs, and financial condition to modify the order. This is referred to as a "material change", which means the change is significant and relevant to the situation.

What constitutes a material change? A material change can be the result of changes to income or other life events. For example, in Maryland, if one parent's income has changed (either increased or decreased) by at least 25%, this is usually enough of a change to require a modification to the support order. Changed circumstances can also arise from changes in the child's needs. For example, if the child becomes sick or disabled, the court can increase the amount of support. Additionally, as a child grows older, expenses may increase, justifying an increase in child support payments.

Support can also be reduced if the paying parent can demonstrate why this would be fair. For instance, if the custodial parent inherits money, gets a substantial raise, or otherwise has an increased ability to support the child, the paying parent may request a reduction in support payments. On the other hand, if the paying parent loses their job, they can ask the court to reduce support payments during the period of unemployment.

It is important to note that verbal agreements between parents to modify child support are not advisable. Any agreement to modify child support should be put in writing and approved by a judge to avoid future problems and misunderstandings.

If child support payments are made through the Maryland Child Support Administration, either parent may request a review of the child support order for possible modification once every three years. If payments do not go through this administration, either parent can file a motion to modify the existing child support order at any time.

Jurisdiction

Maryland's Uniform Interstate Family Support Act (UIFSA)

Maryland has adopted the Uniform Interstate Family Support Act (UIFSA), which provides a framework for handling interstate child support cases. UIFSA establishes procedures for courts in different states to work together and determine which state has the authority to establish and modify child support orders. This legislation ensures that multiple states do not issue conflicting orders, providing clarity and consistency in interstate cases.

Bases for Jurisdiction in Maryland

Maryland law outlines specific bases for a court's jurisdiction over a nonresident in child support cases. These include instances where the nonresident:

• Lives in Maryland
• Lives in a state with a reciprocal agreement with Maryland
• Owns property in Maryland, such as real estate, bank accounts, businesses, or stocks and bonds, particularly when enforcing a monetary agreement
• Was married in Maryland to the other spouse seeking child support
• Has an obligation to pay child support that arose under Maryland laws or an agreement executed in Maryland

Continuing Jurisdiction

Maryland law also recognises the concept of continuing jurisdiction, which means that once a valid child support order is established in the state, Maryland courts retain the power to modify or enforce that order, even if the supporting parent or children no longer reside in the state. This provision ensures that Maryland can continue to exercise its authority over child support matters that were initially decided within its jurisdiction.

Encouraging Out-of-State Applicants to Use UIFSA

While Maryland does allow out-of-state applicants to apply directly for child support services, it encourages them to utilise UIFSA instead. By filing a UIFSA case with Maryland, out-of-state applicants can avoid the need for personal appearances in the state and can instead participate telephonically, making the process more convenient and accessible.

In summary, Maryland law recognises the importance of jurisdiction in interstate child support cases and has established clear guidelines to determine when its courts have the authority to hear and decide on such matters. By adhering to these guidelines and utilising tools like UIFSA, individuals can navigate interstate child support cases more effectively, ensuring that the best interests of the children involved are prioritised.

Non-compliance

Maryland law provides for several enforcement tools to address non-compliance with child support orders. These tools are designed to ensure the timely and complete payment of child support and can be employed by the custodial parent or the local child support agency. Here are some of the measures that can be taken:

• Filing a Motion to Compel: The custodial parent can file a motion to compel when the non-custodial parent falls behind on their payments. This involves requesting the court to mandate additional payments on top of the monthly child support amount to make up for missed payments. The court typically orders up to 25% additional monthly payments if it is determined that the non-custodial parent has the financial capacity to make the payments.
• Obtaining a Wage Assignment: A wage assignment is a procedure that enables the court to order an employer to make direct payments to the custodial parent from the non-custodial parent's wages. This can be requested when child support is initially awarded or at a later date if the non-custodial parent fails to pay. The non-custodial parent's employer must be served notice of this action.
• Finding the Non-compliant Parent in Contempt of Court: If a person willfully disobeys a lawful child support order, they can be held in contempt of court. This can result in temporary incarceration until the non-compliant parent pays a certain amount determined by the court to "purge" the contempt. The custodial parent or the local child support agency can initiate this process by filing a Petition for Contempt. The non-paying parent has the right to appear at a hearing and present their defence.
• Enforcement through Uniform Interstate Family Support Act (UIFSA): If a non-custodial parent leaves the state to avoid paying child support, the child support order can still be enforced through UIFSA. This applies whether or not a support order has been issued by the court. UIFSA actions can be handled through the Maryland child support agency in the relevant county.
• Federal and State Income Tax Refund Offset: Federal and state laws authorise the Child Support Administration (CSA) to intercept federal and Maryland state income tax refunds if certain conditions are met. For federal tax offset, cases are automatically certified if the arrears are $500 or more, and are equal to or greater than twice the monthly support order. For state tax intercept, cases are automatically certified if the obligor owes $150 or more in arrears, and the arrears are equal to or greater than twice the monthly support order.
• Administrative Passport Denial: The CSA can certify obligors for passport denial if they owe $2,500 or more in past-due support. Typically, the obligor must pay the arrears in full before the CSA will withdraw its request for passport suspension.
• Driver's License Suspension: Non-custodial parents who are 60 days or more out of compliance with their most recent court order are referred to the Motor Vehicle Administration for driver's license suspension. To reinstate their license, they may need to pay the arrears in full or demonstrate good faith by paying the ordered amount for a certain period.
• Professional License Suspension: Non-custodial parents who are 120 days or more out of compliance with their court order can be referred to the licensing authority for professional license suspension. To reinstate their license, they must pay the arrears in full or pay the court-ordered amount for four consecutive months.
• Wage Withholding Orders: Employers are mandated to withhold child support payments from the wages of non-custodial parents. Most child support obligations are collected through these withholding orders, which ensure accurate payment tracking and prompt payments to the custodial parent.
• Credit Bureau Reporting: The CSA or a local child support office is authorised to report delinquent payors' accounts to consumer credit reporting agencies when the arrears balance is greater than or equal to 60 days of the current total combined support ordered amount.
• Administrative Liens and Asset Seizure: The state has the authority to issue a lien on real or personal property and seize assets for past-due support.
• State Lottery Intercept: The CSA may intercept lottery winnings to cover past-due child support if the amount owed is at least $150.
• Other Enforcement Tools: The CSA is also authorised to obtain and enforce medical support from either parent, collect unemployment insurance amounts for past-due and current child support, and intercept Workers' Compensation awards for past-due child support.

It is important to note that non-custodial parents who fail to comply with court-ordered child support may face legal consequences, including contempt of court proceedings and, in some cases, criminal prosecution for intentional failure to pay. However, if a non-paying parent can demonstrate a genuine inability to pay, the court will generally not impose incarceration as a penalty.

Frequently asked questions