(a) The Administration may certify to the State Comptroller any obligor who is in arrears under a child support order, if:
(1) the amount of arrears exceeds $150; and
(2) the Administration is providing services in the case under Title IV, Part D, of the federal Social Security Act.
(b) The Administration shall notify the obligor that:
(1) a certification has been made by the Administration; and
(2) the obligor has a right to request an investigation as provided under subsection (d) of this section.
(c) The certification shall include, if known:
(1) the full name of the obligor, and any other names known to be used by the obligor;
(2) the address and Social Security number of the obligor; and
(3) the amount of the arrearage.
(d) (1) Within 30 days of the date of the notice of certification, an obligor who disputes the existence or amount of the arrearage may request that the Administration conduct an investigation of the arrearage.
(2) (i) On receipt of a request for investigation from the obligor, the Administration shall conduct an investigation as to the existence or amount of the arrearage.
(ii) On completion of the investigation, the Administration shall notify the obligor of the outcome of the investigation.
(iii) If, after the investigation the Administration finds there is an error, the Administration shall correct the amount of the reported arrears, or, if appropriate, withdraw the certification.
(e) The State Comptroller shall:
(1) withhold the amount of the arrearage from:
(i) any payment due to the obligor; or
(ii) any abandoned property delivered to the State Comptroller under Title 17 of the Commercial Law Article in which the obligor has an interest;
(2) forward the amount withheld to the Administration; and
(3) notify the obligor of:
(i) the amount paid to the Administration; and
(ii) the right to appeal the intercept to the Office of Administrative Hearings as provided in subsection (g) of this section.
(f) On receipt of the intercepted payment, the Administration shall:
(1) retain any part of the payment that does not exceed the amount of arrearage owed at the time the payment was received; and
(2) pay to the obligor any part of the payment that exceeds the amount of arrearage owed at the time the payment was received.
(g) (1) Within 30 days of the date of the notice of intercept from the State Comptroller, an obligor who disputes the existence or amount of the arrearage may appeal to the Office of Administrative Hearings.
(2) An appeal to the Office of Administrative Hearings shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.
(h) The Secretary of Human Services and the State Comptroller may adopt regulations to carry out this section.
Structure Maryland Statutes
Subtitle 1 - Civil and Criminal Enforcement
Part II - Child Support Administration
Section 10-106 - Administration Established
Section 10-106.1 - Child Support Reinvestment Fund
Section 10-107 - Authority of Secretary of Human Services
Section 10-108 - Duties -- in General
Section 10-108.1 - Reports to Consumer Reporting Agencies; Notice; Appeal; Regulations
Section 10-108.2 - Report From Financial Institution
Section 10-108.5 - Payment Through Support Enforcement Agency
Section 10-108.6 - Subpoena Duces Tecum
Section 10-108.7 - State Disbursement Unit
Section 10-109 - Approval for Child Support Services
Section 10-110 - Powers -- Collection of Fees
Section 10-111 - Powers -- Cooperative Agreements
Section 10-112 - Powers -- Settlement of Arrearage
Section 10-112.1 - Child Support Payment Incentive Program
Section 10-113 - Powers -- Income Tax Refund Intercept; Interception of State Lottery Prizes
Section 10-113.1 - Certification to State Lottery and Gaming Control Agency
Section 10-113.2 - Interception of State Payments for Child Support Arrears
Section 10-114 - Duties of Secretary of Human Services
Section 10-115 - Legal Representation
Section 10-116 - Enforcement by Local Support Enforcement Office
Section 10-117 - Transfer of Support Enforcement From Local Support Enforcement Office
Section 10-118 - Responsibility to Best Interest of Child
Section 10-119 - Suspension of Driving Privileges for Arrearages
Section 10-119.3 - Suspension or Denial of Occupational License for Arrearages