Md. Code Regs. 07.07.19.10

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

Section 07.07.19.10 - Grounds for Contest

A. The grounds for contest shall be limited to the accuracy of the earnings withholding notice. The obligor may contest:

(1) The existence of an arrearage;

(2) The amount of the withholding or the amount of any arrearage;

(3) The identity of the obligor; or

(4) That the amount specified in the earnings withholding notice exceeds the maximum amount permitted under § 303(b) of the federal Consumer Credit Act, 15 U.S.C. § 1673(b).

B. In addition to the grounds specified in §A of this regulation, the obligor may seek a reduction in the amount of withholding set by the Administration under Regulation .04B(3) of this chapter to pay arrearages accumulated after the issuance of the most recent support order. The request shall be based upon proof that the obligor is incurring and meeting extraordinary expenses on behalf of the child in addition to any court ordered payments.

C. If the evidence submitted under §B of this regulation warrants, the Administration may reduce the amount due accordingly. In any case, the amount due to pay arrearage accumulated after the issuance of the most recent court order shall be at least $1 but not more than 25 percent of the current monthly support obligation specified in the most recent support order.

D. When deciding a request for reduction brought under §B of this regulation, the Administration shall make a specific written finding on the record. The written finding shall include a statement of the:

(1) Total amount of postorder arrears due;

(2) Amount of postorder arrears which would have been due on a monthly basis if the rule stated in Regulation .04C of this chapter had been invoked;

(3) Amount of postorder arrears which the Administration decides shall be due on a monthly basis; and

(4) Facts upon which the Administration relied in reaching its decision.

Md. Code Regs. 07.07.19.10