Wage Garnishment Maryland: Maryland Child Support Garnishment
When custody proceedings have concluded, the noncustodial parent's employer is generally served with an order for child support collection, which will begin the process of wage garnishment in Maryland. In Maryland, this wage garnishment order can combine child support with other types of support as well. Both an employer and/or an administrator of other income are bound by law to enforce an order for wage garnishment. Payments must be withheld each pay period, and no matter how often the employer withholds, the deductions may not be combined to be sent in one monthly payment. This article provides a brief explanation of the laws governing wage garnishment in Maryland.
Maryland Child Support Collection
When served with a support order, the order must be complied with until the issuing agency notifies you. In Maryland, the Child Support Enforcement Agency alone has the authority to notify you that the support order is no longer in effect. An order of support can include child support, spousal support, support of destitute adult children, and support of destitute parents.
Who Withholds the Money
Typically, an employer is served with an order for support for their employee. The employer is responsible for garnishing the employee's wages and remitting the support payment. An "employer" is defined as any person that is paying wages to an employee. This includes a government entity. When an administrator of another source of payment is served with a support order for an individual receiving these payments, they are also responsible for enforcing the order. This includes, but is not limited to, pension funds, third-party sick pay insurance, and workers' compensation insurance.
When is Money Withheld
When an employer is served with a support order, they must begin withholding on the very next pay period. If the order does not say how much to withhold for each paycheck, the employer should multiply the monthly amount by twelve, then divide by the amount of pay periods in a year. Thereafter, the employer must remit payment to the Maryland Child Support Account within seven days of each pay period. The employer must remit a payment after every pay period, and cannot accumulate deductions to make monthly payments.
Maryland accepts electronic payments in the Cash Concentration and Disbursement format (CCD+). Payments for different support can be combined, but the employer must identify the amounts for each along with the payment. Further, the payments made to the Maryland Child Support Account must have at least two of the following: employee's name, employee's Social Security number, a Maryland court order number, an IV-D case number (for each income withholding), date withheld, amount withheld, or Federal Employer ID Number (FEIN).
When an employer receives a support order from another state, they must enforce it. Maryland has adopted the Uniform Interstate Family Support Act (UIFSA), which requires that all employers honor out-of-state support orders. Further, employers must follow the withholding limits allowed by the state in which the employee works.