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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0142*
HOUSE BILL 142
D4 6lr1305
(PRE–FILED) CF SB 16
By: Delegate Taylor
Requested: October 23, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Child Support – Earnings Withholdings Limits 2
FOR the purpose of specifying that the amount of earnings withholding or a wage 3
withholding order for child support may not exceed a certain percentage of the 4
obligor’s disposable earnings under certain circumstances ; requiring an earnings 5
withholding order or earnings withholding notice sent to an obligor ’s employer to 6
include information on certain limits on earnings withh olding; authorizing an 7
employee to contest the amount of an earnings withholding order based on certain 8
limits; and generally relating to limits on the amount of earnings withholding for 9
child support obligors. 10
BY repealing and reenacting, without amendments, 11
Article – Family Law 12
Section 10–101(a) and (b) 13
Annotated Code of Maryland 14
(2019 Replacement Volume and 2025 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Family Law 17
Section 10–122, 10–128, 10–138, and 12–102.3 18
Annotated Code of Maryland 19
(2019 Replacement Volume and 2025 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Family Law 23
10–101. 24
2 HOUSE BILL 142
(a) In this title the following words have the meanings indicated. 1
(b) “Administration” means the Child Support Administration of the Department 2
of Human Services. 3
10–122. 4
(a) IN THIS SECTION, “DISPOSABLE EARNINGS” MEANS THAT PART OF THE 5
EARNINGS OF AN INDIV IDUAL REMAINING AFTER THE DEDUCTION FROM THOSE 6
EARNINGS OF ANY AMOUNTS REQUIRED BY LAW TO BE WITHHELD. 7
(B) The amount of the earnings withholding [shall]: 8
(1) SHALL be enough to pay the support and any arrearage included in the 9
payments required by the support order; [and] 10
(2) SHALL include any arrearage accrued since the support order; AND 11
(3) MAY NOT EXCEED 25% OF THE OBLIGOR’S DISPOSABLE EARNINGS 12
FOR THE COMBINED SUP PORT ORDER AND ARREA RAGE IF THE OBLIGOR ’S 13
INDIVIDUAL INCOME FO R THE CURRENT YEAR DOES NOT EXCEED 250% OF THE 14
FEDERAL POVERTY GUID ELINES, UNLESS THE OBLIGOR W AS DETERMINED TO BE 15
VOLUNTARILY IMPOVERISHED AT THE TIME OF THE MOST RECENT COURT ORDER. 16
[(b)] (C) (1) (i) When arrearages under subsection [(a)(2)] (B)(2) of this 17
section are part of an earnings withholding order or earnings withholding notice, the total 18
arrearage withheld shall be in one lump–sum payment or apportioned over a period of time. 19
(ii) The amount of the arrearage withheld under subparagraph (i) of 20
this paragraph shall be determi ned by the tribunal or, in a case in which the 21
Administration is providing support services, by the Administration. 22
(2) The amount of arrears under subsection [(a)(2)] (B)(2) of this section 23
apportioned to each payment shall be at least $1 but not more than 25% of the current 24
support payment. 25
[(c)] (D) If there is more than one earnings withholding order or earnings 26
withholding notice against a single obligor, the Administration shall allocate amounts 27
available for withholding, giving priority to curre nt support, up to the limits imposed by 28
the federal Consumer Credit Protection Act. 29
10–128. 30
(a) An earnings withholding order or an earnings withholding notice sent to the 31
obligor’s employer shall: 32
HOUSE BILL 142 3
(1) be a separate document, and not include any other orders or pleadings; 1
and 2
(2) include only the following information: 3
(i) the amount to be withheld from the obligor’s earnings including 4
explanation of the application of the federal Consumer Credit Protection Act limits OR THE 5
LIMITS UNDER § 10–122 OF THIS SUBTITLE; 6
(ii) that subject to further orders of the tribunal, the employer is 7
required to withhold the stated amount on a regular and continuing basis commencing on 8
the beginning of the next pay period after receipt of the earnings withholding order or the 9
earnings withholding notice; 10
(iii) that the employer may deduct and retain from the employee’s 11
earnings an additional $2 for each deduction made under the earnings withholding order 12
or earnings withholding notice; 13
(iv) that the net amount withheld is to be sent promptly to the State 14
disbursement unit; and 15
(v) any other information that the employer needs to comply with 16
the earnings withholding order or earnings withholding notice. 17
(b) An earnings withholding order or e arnings withholding notice is binding on 18
each present and future employer of the obligor on whom a copy of the earnings withholding 19
order or earnings withholding notice is served. 20
(c) Subject to federal law, an earnings withholding order or earnings withholding 21
notice under this Part III of this subtitle has priority over any other lien or legal process. 22
(d) The copy of the earnings withholding order or earnings withholding notice 23
served on the employer of the obligor shall contain a statement that upon willful violation 24
of the earnings withholding order or earnings withholding notice the employer shall be 25
subject to civil penalties. 26
10–138. 27
(a) Upon request of the obligor, the court shall immediately authorize service of 28
an earnings withholding order. 29
(b) Notwithstanding any other provision of this Part III, a court may at any time 30
issue an earnings withholding order, in a contempt or other proceeding, if: 31
(1) the recipient or the support enforcement agency has filed a petition that 32
includes a request for an earnings withholding order; and 33
4 HOUSE BILL 142
(2) the obligor is in arrears in support payments of more than 30 days. 1
(c) A hearing shall be held if the obligor appears and contests the issuance of the 2
order. 3
(d) The amount of the wage withholding order entered under this subsection: 4
(1) shall be enough to pay the support as originally entered by the court; 5
[and] 6
(2) may include a part of the arrearage; AND 7
(3) MAY NOT EXCEED 25% OF THE OBLIGOR’S DISPOSABLE EARNINGS 8
FOR THE COMBINED SUP PORT ORDER AND ARREA RAGE IF THE OBLIGOR ’S 9
INDIVIDUAL INCOME FO R THE CURRENT YEAR DOES NOT EXCEED 250% OF THE 10
FEDERAL POVERTY GUID ELINES, UNLESS THE OBLIGOR W AS DETERMINED TO BE 11
VOLUNTARILY IMPOVERISHED AT THE TIME OF THE MOST RECENT COURT ORDER. 12
12–102.3. 13
(a) (1) This section applies to administrative contests of withholdings from an 14
employee’s earnings made by an employer for the purpose of complying with this title. 15
(2) Nothing in this section may be construed to limit an employee’s right to 16
judicially contest an underlying court order requiring the employee to provide health 17
insurance coverage for the employee’s child. 18
(b) (1) An employee may only contest a withholding und er this section based 19
on a mistake of fact. 20
(2) The only issues that may be contested are: 21
(i) the identity of the employee; 22
(ii) whether there is an underlying court order requiring the 23
employee to provide health insurance coverage for the employee’s child; 24
(iii) that the amount of the withholding exceeds the limits of the 25
federal Consumer Credit Protection Act OR THE LIMITS UNDER § 10–122 OF THIS 26
ARTICLE; and 27
(iv) that the child for whom health insurance coverage is sought is 28
emancipated. 29
HOUSE BILL 142 5
(c) An employee may contest a withholding by sending a written request for an 1
investigation to the Administration within 15 days after receiving notice of the withholding 2
from the employer. 3
(d) If an employee requests an investigation, the Administration: 4
(1) shall conduct an investigation within 15 days after the request; and 5
(2) on completion of the investigation, shall notify the employee of the 6
results of the investigation and the employee’s right to appeal the decision of the 7
Administration to the Office of Administrative Hearings. 8
(e) (1) (i) An employee may appeal the Administration’s decision to the 9
Office of Administrative Hearings by filing a written request for a hearing with the 10
Administration or the Office of Administrative Hearings. 11
(ii) The request for a hearing shall be made: 12
1. on a form provided by the Administration; and 13
2. within 15 days after receiving the written results of the 14
Administration’s investigation. 15
(2) The only issues that may be contested in an administrative hearing are: 16
(i) the identity of the employee; 17
(ii) whether there is an underlying court order requiring the 18
employee to provide health insurance coverage for the employee’s child; 19
(iii) that the amount of the withholdi ng exceeds the limits of the 20
federal Consumer Credit Protection Act OR THE LIMITS UNDER § 10–122 OF THIS 21
ARTICLE; and 22
(iv) that the child for whom health insurance coverage is sought is 23
emancipated. 24
(3) An appeal under this section shall be conducted in accordance with Title 25
10, Subtitle 2 of the State Government Article. 26
(f) Enrollment of the employee’s child may not be stayed or terminated until the 27
employer receives written notice that the contest is resolved in the employee’s favor. 28
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29
October 1, 2026. 30