Md. Code Regs. 07.07.01.02

Current through Register Vol. 51, No. 18, September 6, 2024

Section 07.07.01.02 - Definitions

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

(1) "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.

(1-1) "Administration" means the Child Support Enforcement Administration of the Department of Human Resources.

(2) "Administrative law judge" means an administrative law judge of the Office of Administrative Hearings.

(3) "Arrearage payment schedule agreement" means an agreement between the Administration and the obligor regarding a payment schedule for the obligor's child support arrearage.

(3-1) "Cash medical support" means an amount paid:

(a) Toward the cost of health insurance provided by a public entity, or one or both parents through employment, or otherwise; or

(b) For other medical costs not covered by insurance, including extraordinary medical expenses.

(4) "Certify" means to furnish the name, other identification, and amount of arrearage of an individual owing a delinquent support obligation for:

(a) A federal income tax refund or offset;

(b) An administrative offset of certain federal payments:

(c) A State tax refund intercept;

(d) A lottery intercept;

(e) Abandoned property;

(f) Any payment due to the obligor; or

(g) The purpose of denying, revoking, or restricting a passport.

(5) "County" means a county of the State or Baltimore City.

(6) "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.

(7) "Custodial parent" means the parent or relative who resides in the primary home with the child entitled to support.

(8) "Department" means the Department of Human Resources.

(9) "Earnings" has the meaning stated in Family Law Article, §10-101, Annotated Code of Maryland.

(10) "Earnings withholding" means a court order or other legal process directed at an employer to withhold support from the earnings of an individual.

(11) "Employer" means any person or governmental entity who is paying earnings to an obligor.

(12) "FIA" means the Family Investment Administration of the Department.

(13) "Foster care" means a program under the Social Services Administration that provides maintenance payments for children who:

(a) Live apart from their parents; and

(b) Are legally placed in the care of the local department.

(14) "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.

(15) "Intercept" means the action of the:

(a) State Comptroller in withholding all or a part of:

(i) A State income tax refund due a taxpayer;

(ii) Abandoned property; or

(iii) Any payment due to the obligor; or

(b) State Lottery Agency withholding all or part of a lottery prize due an obligor and remitting the monies to the Administration.

(16) "Maryland Central Registry" means the unit in the Administration that coordinates requests for support enforcement in intergovernmental cases.

(17) "Local department" means a department of social services in a county or Baltimore City, and the Montgomery County Department of Health and Human Services.

(18) "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.

(19) "Medical Assistance" means a federal program that assists individuals with medical expenses.

(20) "Medical Assistance recoveries" means court-ordered payments to repay the State for medical assistance to a family or individual.

(21) "Noncustodial parent" means a parent who resides outside the primary home of the child.

(22) "Non-TCA arrears" means arrears owed to an obligee which are not assigned to the State.

(23) "Non-TCA obligee" means an individual who:

(a) Does not receive TCA; and

(b) Is owed a duty of support under a court order.

(24) "Obligee" means an individual to whom support is owed under a court order.

(25) "Obligor" means an individual who is required to pay support under a court order.

(26) "Office of Administrative Hearings (OAH)" means the unit within the Executive Branch established by State Government Article, §9-1602, Annotated Code of Maryland.

(27) "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.

(28) "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.

(29) "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.

(29-1) "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.

(30) "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.

(31) "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.

(32) "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.

(33) "Support" means child support or spousal support.

(34) "Support enforcement agency" means the Administration, a local department, or a local support enforcement office.

(35) "Support obligated amount" means the amount of court-ordered support due in a month.

(36) "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.

(37) "TCA obligee" means an individual who receives TCA and who is owed a duty of support under a court order.

(38) "UIFSA" means the Maryland Uniform Interstate Family Support Act under Family Law Article, Title 10, Subtitle 3, Annotated Code of Maryland.

Md. Code Regs. 07.07.01.02

Regulations .02 amended effective August 31, 1977 (3:18 Md. R. 1394)
Regulation .02B amended effective January 13, 1986 (13:1 Md. R. 15)
Regulations .02, Child Support Enforcement, repealed effective March 22, 1999 (26:6 Md. R. 482)
Regulations .02, Child Support Enforcement _ Definitions, adopted effective March 22, 1999 (26:6 Md. R. 482)
Regulation .02A, B, Camended 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 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)