2013 Maryland Code
FAMILY LAW
§ 12-104 - Modification of child support award

§12-104.

(a) The court may modify a child support award subsequent to the filing of a motion for modification and upon a showing of a material change of circumstance.

(b) The court may not retroactively modify a child support award prior to the date of the filing of the motion for modification.

§ 12-104 - 1. Suspension of child support payments and accrual of arrearages for incarcerated obligors

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Administration" has the meaning stated in § 10-101 of this article.

(3) "Obligee" has the meaning stated in § 10-101 of this article.

(4) "Obligor" has the meaning stated in § 10-101 of this article.

(b) In general. -- A child support payment is not past due and arrearages may not accrue during any period when the obligor is incarcerated, and continuing for 60 days after the obligor's release from confinement, if:

(1) the obligor was sentenced to a term of imprisonment of 18 consecutive months or more;

(2) the obligor is not on work release and has insufficient resources with which to make payment; and

(3) the obligor did not commit the crime with the intent of being incarcerated or otherwise becoming impoverished.

(c) Adjustment of account; notice. --

(1) In any case in which the Administration is providing child support services under Title IV, Part D of the Social Security Act, the Administration may, without the necessity of any motion being filed with the court, adjust an incarcerated obligor's payment account to reflect the suspension of the accrual of arrearages under subsection (b) of this section.

(2) Before making an adjustment under paragraph (1) of this subsection, the Administration shall send written notice of the proposed action to the obligee, including the obligee's right to object to the proposed action and an explanation of the procedures for filing an objection.