Md. Code Regs. 07.07.22.03

Current through Register Vol. 51, No. 24, December 2, 2024

Section 07.07.22.03 - Affidavit of Support to Establish a Support Obligation

A. 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:

(1) A party is receiving child support services under Title IV, Part D, of the Social Security Act;

(2) Paternity of the child has been established;

(3) A support conference, as specified in §B of this regulation, has been conducted; and

(4) The support conference resulted in an agreement by the parties.

B. 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:

(1) Specify the date, time, and location of the support conference;

(2) Advise the parties of the purpose of the support conference;

(3) Specify the documentation the parties are required to provide; and

(4) Be provided to the parties at least 30 days before the date on which the support conference will be held.

C. Support Obligation Amount.

(1) The Administration shall compute the child support obligation pursuant to Family Law Article, Title 12, Subtitle 2, Annotated Code of Maryland.

(2) 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.

(3) 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:

(a) The amount of child support that would have been required under the guidelines;

(b) How the affidavit of support varies from the guidelines;

(c) How the finding serves the best interest of the child; and

(d) 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.

D. Executing an Affidavit of Support.

(1) An affidavit of support shall be on a standardized form developed by the Administration.

(2) The completed affidavit of support form shall contain:

(a) Those statements provided for in Family Law Article, § 10-1 A-02(c), Annotated Code of Maryland; and

(b) Any other information considered appropriate by the Administration.

(3) Before completing an affidavit of support form, the Administration shall inform the parties, orally and in writing, of:

(a) The legal consequences of executing the affidavit; and

(b) The right to seek legal counsel.

(4) The Administration shall provide each party with a copy of the executed affidavit of support.

(5) 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.

Md. Code Regs. 07.07.22.03