Md. Code Regs. 07.07.05.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 07.07.05.03 - Review and Modification of Child Support Orders

A. Notification.

(1) 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.

(2) The notice shall include:

(a) A description of the method for obtaining the Administration's review of an order; and

(b) The information that each parent must provide to the Administration.

B. Cases Eligible for Review.

(1) 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.

(2) 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.

(3) 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.

(4) 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.

C. Conduct of Review.

(1) 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:

(a) Federal and State automated databases to which the agencies have access;

(b) The parties in the case;

(c) Employers; and

(d) Other sources as determined appropriate by the support enforcement agency.

(2) In cases when a review is conducted, the support enforcement agency shall:

(a) 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

(b) Determine if the order provides for a provision for health insurance or cash medical support, until health insurance is available for the child.

(3) The support enforcement agency shall notify both parents subject to the order of the:

(a) Outcome of the review; and

(b) Support enforcement agency's intent regarding further action on the case.

(4) The support enforcement agency shall initiate action to modify the support order if:

(a) Material change in circumstance has occurred;

(b) Modification is needed to provide for a provision for health insurance or cash medical support, until health insurance is available for the child; or

(c) Modification is needed to extend the duration of the order to provide for support of a child who:

(i) Is 18 years old;

(ii) Is enrolled in secondary school; and

(iii) Has not attained 19 years old.

(5) 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:

(a) Provide for an earnings withholding;

(b) Provide for a health insurance enrollment order, if appropriate; and

(c) Authorize the immediate service of the earnings withholding and health insurance enrollment order on the obligor's employer.

(6) 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:

(a) Take appropriate steps to adjust the order; or

(b) Determine that the order should not be adjusted.

Md. Code Regs. 07.07.05.03

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); 41:5 Md. R. 341, eff.3/17/2014