Maryland Family Law Section 10-113.1

Article - Family Law

§ 10-113.1.

      (a)      The Administration may certify to the State Lottery Agency the name of any obligor who is in arrears in the amount of $150 or more if:

            (1)      the Administration has accepted an assignment of support under Article 88A, § 50(b)(2) of the Code; or

            (2)      the recipient of support payments has filed an application for support enforcement services with the Administration.

      (b)      The certification shall contain:

            (1)      the full name of the obligor, and any other names known to be used by the obligor;

            (2)      the Social Security number of the obligor; and

            (3)      the amount of the arrearage.

      (c)      If an obligor who has been certified as an obligor wins a lottery prize to be paid by check directly by the State Lottery Agency, the State Lottery Agency shall send a notice to the obligor that:

            (1)      the obligor has won a prize to be paid by check directly by the State Lottery Agency;

            (2)      the State Lottery Agency has received certification from the Child Support Enforcement Administration of the obligor's child support arrearage in the amount specified;

            (3)      subsection (d) of this section requires the State Lottery Agency to withhold the prize to pay it towards the obligor's support arrearage;

            (4)      the State Lottery Agency proposes to transfer the prize, or that part of it which is equal to the support arrearage, to the Administration if no appeal is filed within 15 days;

            (5)      the obligor may appeal to the Administration if the obligor disputes the existence or the amount of the arrearage;

            (6)      if the obligor appeals to the Administration, the prize will be distributed as the Administration directs; and

            (7)      if no appeal is filed within 15 days, the prize, or that part of it equal to the support arrearage, will be transferred to the Administration.

      (d)      If the prize exceeds the arrearage, the State Lottery Agency shall immediately pay the excess to the obligor. The State Lottery Agency shall withhold any part of the prize that does not exceed the arrearage until notified by the Administration to whom the withheld prize money shall be paid.

      (e)      Upon receipt of a notice from the State Lottery Agency any obligor who disputes the existence or amount of the arrearage may appeal the proposed transfer within 15 days of the date of the notice to the Administration.

      (f)      If no appeal is filed within 15 days, the State Lottery Agency shall transfer the amount of the prize withheld to the Administration.

      (g)      The Administration shall notify the State Lottery Agency that upon appeal, the withheld prize shall be:

            (1)      paid to the obligor;

            (2)      transferred to the Administration; or

            (3)      partly paid to the obligor and partly transferred to the Administration, in the amounts specified.

      (g-1)      The State Lottery Agency shall honor lottery prize interception requests in the following order:

            (1)      an interception request under this section; and

            (2)      an interception request under § 11-618 of the Criminal Procedure Article.

      (h)      The Secretary of Human Resources and the Director of the State Lottery Agency may jointly adopt regulations to implement this section.



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