Maryland Code, FAMILY LAW 10-319
Terms Used In Maryland Code, FAMILY LAW 10-319
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Fiduciary: A trustee, executor, or administrator.
- including: means includes or including by way of illustration and not by way of limitation. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Plaintiff: The person who files the complaint in a civil lawsuit.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(1) shall provide services to a plaintiff residing in a state;
(2) shall provide services to a plaintiff requesting services through a central authority of a foreign country as described in § 10-301(f)(1) or (4) of this subtitle; and
(3) may provide services to a plaintiff who is an individual not residing in a state.
(b) A support enforcement agency of this State that is providing services to the plaintiff shall:
(1) take all steps necessary to enable an appropriate tribunal of this State, another state, or a foreign country to obtain jurisdiction over the defendant;
(2) request an appropriate tribunal to set a date, time, and place for a hearing;
(3) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;
(4) within 2 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the plaintiff;
(5) within 2 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of communication in a record from the defendant or the defendant’s attorney, send a copy of the communication to the plaintiff; and
(6) notify the plaintiff if jurisdiction over the defendant cannot be obtained.
(c) A support enforcement agency of this State that requests registration of a child support order in this State for enforcement or for modification shall make reasonable efforts to ensure that:
(1) the order to be registered is the controlling order; or
(2) if two or more child support orders exist and the identity of the controlling order has not been determined, a request for a determination of the controlling order is made in a tribunal having jurisdiction to do so.
(d) A support enforcement agency of this State that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amount stated in the foreign currency into the equivalent amount in dollars under the applicable official market exchange rate as publicly reported.
(e) A support enforcement agency of this State shall request a tribunal of this State to issue a child support order and an income withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to § 10-331 of this subtitle.
(f) This subtitle does not create a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency. The attorney representing the support enforcement agency shall advise the person being assisted by the agency that the attorney’s representation of the Administration does not create an attorney-client relationship between the attorney and that person.