If you are supposed to be receiving child support payments on behalf of a child or children, and the other parent is not making timely or complete child support payments, there are a number of steps you can take to enforce court-ordered child support. If you are required to pay child support, you should be aware of some of the measures that can be taken should you fail to fulfill your support obligation. A good place to start looking for information is the Frequently Asked Questions page on the Maryland Department of Human Resources Child Support website: http://www.dhr.state.md.us/blog/?page_id=2687.
Ask the Local Child Support Agency to Help You Enforce the Order
Families receiving public assistance. In Maryland, each county has a child support enforcement agency that can assist custodial parents in establishing an order for, and collecting child support from the other parent . This agency has responsibility for collecting child support for families receiving cash assistance. If you do receive cash assistance in Maryland, you must assign child support rights to the state. That means that the state will have the right to collect the child support owed to you, as reimbursement for the cash assistance you are receiving from the State. You must also help to locate the parent who is absent from the home.
If you do not cooperate, you may be denied public assistance benefits.
Families not receiving public assistance. The local child support agency can also help parents who do not receive public assistance. The agency will assign a child support worker, and if necessary, an attorney to got to court to enforce the order. To apply for the agency’s help you must complete an application and pay a one-time, non-refundable $25 fee.
Tools the Agency Can Use to Collect Child Support. If the noncustodial parent does not pay on time, or does not pay in full, the child support enforcement office may:
- Withhold child support from wages and unemployment benefits, Workers’ Compensation claims, etc.
- Intercept federal and state tax refunds to pay child support arrears
- Report parents owing past-due support to credit bureaus
- Refer parents owing past-due support to the Motor Vehicle Administration for driver’s license suspension
- Intercept Maryland lottery winnings to pay child support arrears
- Garnish accounts at financial institutions
- Request the suspension or revocation of a professional or recreational license
- Bring contempt of court actions against that parent
- Deny the issuance or renewal of a passport
- Refer cases for federal prosecution when non-custodial parents move to another state to avoid paying child support
Contact the child support enforcement agency at 800-332-6347 for additional information.
Use the Government's Parent Locator Service
Nonpaying parents may hide from the custodial parent in order to avoid their child support obligation. They may even go so far as to move out of state to avoid their responsibilities.
In order to fix this problem, the federal government has created the Parent Locator Service (The law also requires the states to establish a Parent Locator Services). The law allows you to use the resources of the federal government (including the Social Security Administration and the Internal Revenue Service ) to locate a nonpaying parent's employer. Once found, the custodial parent or the state can enforce the child support order and collect unpaid support recovering support from tax refunds. The law also permits the IRS to pay past due child support from tax refunds that the nonpaying parent is due from the government.
For more information on the Federal Parent Locator Service , see http://www.dhr.state.md.us/blog/?page_id=2909, or contact the local office of the Department of Health and Human Services.
Obtain a Wage Assignment
A wage assignment is a special procedure that allows the court to order an employer to make direct payments to the custodial parent from the wages of the supporting parent. You can ask to order that the other parent’s wages be withheld and the payment sent directly to you through an earnings withholding order. You can ask for this order when child support is first awarded, or later on if the person fails to pay support. . Notice of this action must be served on the paying parent's employer. The employer will deduct child support like any other deduction from the paying parent's paycheck and send the money directly to the custodial parent. If the nonpaying parent holds a steady job, this is a very valuable tool.
Ask the Court to Find the Person who Owes Child Support in Contempt.
If a person willfully disobeys a lawful child support order, s/he can be found in contempt of court. Once the court finds that person in contempt, the court can order a number of remedies, including that the person be temporarily incarcerated until they pay a certain amount established by the court to “purge” the contempt. The civil contempt action is brought by the custodial parent or the local child support agency acting on their behalf. If you are representing yourself, you can find a Petition for Contempt at: http://mdcourts.gov/family/forms.html. Once the petition is filed, the nonpaying parent will have to be notified (served with process) since he or she has the Constitutional right to appear at the hearing and present a defense. The court will schedule a hearing to determine if the person should be found in contempt.
Loss of Driver's License & Child Support
I Received a Notice of Driver License Suspension. What Can I do?
If you are 60 days or more behind on your child support obligation, the Child Support Administration is supposed to notify the Motor Vehicle Administration (MVA), which will then suspend your driver’s license. However, before notifying the MVA, the Child Support Administration must send you written notice that includes an explanation of your right to request an investigation if you disagree with the suspension.
It is important that you do not miss the deadline stated in the notice.
Be sure to date your request for investigation and keep a copy for your records. The Child Support Administration must then conduct an investigation and send you a notice of the results. The notice should explain your right to further appeal if you disagree with the decision . Date your appeal request and keep a copy for your records.
My License Has Been Suspended. Now What?
If your driver’s license has already been suspended, you can also try to file a motion to reinstate your driver’s license with the court which issued the child support order. You should include in your motion why you think the suspension is in error and/or why you believe it is in your children’s best interests for your driver’s license to be reinstated. For example, you may need your license to complete training school.
The Child Support Administration must tell the MVA to reinstate your license once the arrearages are paid in full or if you have "demonstrated good faith" by paying the ordered amount of support for 6 consecutive months after the suspension.
You can contact the Child Support Enforcement Administration (CSEA) by calling their main office from 9 a.m. to 5 p.m., Mondays through Fridays at (800) 332-6347.
Also available from 7 a.m. to 7 p.m., Mondays through Fridays and on most Saturdays, is the interactive phone information service . This service allows you to get recorded information about your case . Call (410) 962-1110 if you are calling from the Baltimore area, or (800) 723-9937 from outside the Baltimore Metropolitan Area. Note that the interactive phone information service is not available on state holidays, and that to use the system you must have your nine-digit Child Support case number. You can find the Child Support case number on your check.
Request a Restricted License.
If neither of the above apply and you are working, you can request a restricted license
If you are currently working and your driver’s license has been suspended, you can request a work-restricted driver’s license. To do this, you should obtain a letter from your employer verifying your employment. Next, contact your agent at your local child support enforcement office and arrange a meeting to present the proof of employment and request a work-restricted license. The Child Support Administration should then provide you with the paperwork to take to the MVA to get the restricted license.
You can contact the Child Support Enforcement Administration main office by calling (800) 332-6347, or by calling your local area office.