Family Law - Child Support - Assignment of Rights

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0319*

SENATE BILL 319
D4 6lr2080
CF HB 324
By: Senator Muse
Introduced and read first time: January 22, 2026
Assigned to: Judicial Proceedings

A BILL ENTITLED

AN ACT concerning 1

Family Law – Child Support – Assignment of Rights 2

FOR the purpose of authorizing the Child Support Administration to take action to secure 3
an assignment to the State of any rights to support on behalf of a child receiving 4
foster care maintenance payments under certain circumstances; requiring a court to 5
terminate a child support order that was previously established or assigned for a 6
child receiving a foster care maintenance payment under certain circumstances; and 7
generally relating to child support. 8

BY repealing and reenacting, without amendments, 9
Article – Family Law 10
Section 5–501(a) and (b) and 12–104 11
Annotated Code of Maryland 12
(2019 Replacement Volume and 2025 Supplement) 13

BY adding to 14
Article – Family Law 15
Section 5–525.4 and 12–104.2 16
Annotated Code of Maryland 17
(2019 Replacement Volume and 2025 Supplement) 18

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20

Article – Family Law 21

5–501. 22

(a) In this subtitle the following words have the meanings indicated. 23

(b) “Administration” means: 24
2 SENATE BILL 319

(1) the Social Services Administration of the Department; or 1

(2) any other unit within the Department to which the Secretary of Human 2
Services has delegated in writing specified responsibilities of the Administration under this 3
subtitle. 4

5–525.4. 5

(A) ONLY IN LIMITED CIRCU MSTANCES, WHERE THE ADMINISTRATION 6
FINDS IT APPROPRIATE, MAY ACTION BE TAKEN TO SECURE AN ASSIGNMENT TO THE 7
STATE OF ANY RIGHTS T O SUPPORT ON BEHALF OF A CHILD RECEIVING FOSTER 8
CARE MAINTENANCE PAYMENTS UNDER THIS PART III OF THIS SUBTITLE. 9

(B) THE ADMINISTRATION MAY TA KE ACTION , WHEN APPROPRIATE , TO 10
DISCONTINUE AN ASSIGNMENT OF RIGHTS TO SUPPORT AND T ERMINATE EXISTING 11
SUPPORT ORDERS FOR A CHILD RECEIVING FOST ER CARE MAINTENANCE 12
PAYMENTS. 13

(C) THE SECRETARY OF HUMAN SERVICES SHALL ADOPT RULES AND 14
REGULATIONS TO IMPLEMENT THIS SECTION. 15

12–104. 16

(a) The court may modify a child support award subsequent to the filing of a 17
motion for modification and upon a showing of a material change of circumstance. 18

(b) The court may not retroactively modify a child support award prior to the date 19
of the filing of the motion for modification. 20

(c) If a party becomes incarcerated, the court may determine that a material 21
change of circumstance warranting a modification of child support has occurred, provided 22
that the party’s ability to pay child support is sufficiently reduced due to incarceration. 23

12–104.2. 24

THE COURT SHALL TERMI NATE A CHILD SUPPORT ORDER THAT WAS 25
PREVIOUSLY ESTABLISHED OR ASSIGNED FOR A CHILD RECEIVING A FOSTER CARE 26
MAINTENANCE PAYMENT , WITHOUT A SHOWING OF A MATERIAL CHANGE OF 27
CIRCUMSTANCE, ON THE FILING FOR A TERMINATION BY THE CHILD SUPPORT 28
ADMINISTRATION, LOCAL OFFICE OF CHIL D SUPPORT , OR LOCAL DEPARTMENT , 29
AFTER THE SOCIAL SERVICES ADMINISTRATION OR ITS DESIGNEE DETERMINES 30
THAT THE ORDER IS NO LONGER APPROPRIATE. 31

SENATE BILL 319 3

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2026. 2