1. A. The support enforcement agency shall initiate legal action to establish a court-ordered support obligation for a child:

   1. (1) Eligible for support enforcement services; and
   2. (2) Who has not had a support obligation established.

2. B. If the parent of a child is a minor, the support enforcement agency may attempt to establish a court-ordered support obligation for the child against the parents of the minor parent if the:

   1. (1) Child for whom support is sought receives TCA; and
   2. (2) Minor parent has insufficient financial resources to support the child.

3. C. The support enforcement agency is not required to establish a court order for support when:

   1. (1) The noncustodial parent:

      1. (a) Cannot be located;
      2. (b) Receives benefits from a means tested public assistance program;
      3. (c) Is confined to a hospital or other care institution for the chronically, mentally, or physically ill and has no income or assets; or

      4. (d) Is imprisoned without earnings or assets, and is not:

         1. (i) Participating in an institutional work release program; and
         2. (ii) Eligible for release before the child reaches the age of majority;
   2. (2) The custodial parent who receives TCA or Medical Assistance fails to cooperate with good cause;

   3. (3) The child is:

      1. (a) Married or has been married;
      2. (b) 18 years old and is not enrolled in secondary school;
      3. (c) 19 years old or older;
      4. (d) Otherwise emancipated; or
      5. (e) Deceased; or
   4. (4) Paternity cannot be established.

4. D. For any other situation not listed in §C of this regulation, the support enforcement agency, within 90 days of locating an absent parent, shall:

   1. (1) Establish an order for support, including a provision:

      1. (a) For health insurance for a child that is:

         1. (i) Reasonable in cost; and
         2. (ii) Accessible for the child; or
      2. (b) For cash medical support that is reasonable in cost, until health insurance is available;
   2. (2) Complete service of process, if necessary, to commence proceedings to establish an order for support; or
   3. (3) Document unsuccessful attempts to serve process.

5. E. To establish a child support order, the support enforcement agency shall petition the court to:

   1. (1) Provide for an earnings withholding and health insurance enrollment order; and
   2. (2) Authorize the immediate service of the earnings withholding and health insurance enrollment order on the obligor's employer.

6. F. When taking legal action in a TCA case in which the custodial parent does not cooperate and does not have good cause, the prosecutor may:

   1. (1) Name the State as the plaintiff; and
   2. (2) File the petition.
7. G. The support enforcement agency may not attempt to establish a spousal support order.

Authority: Family Law Article, §§10-114, 10-204, 10-301—10-359, and 12-101—12-204, Annotated Code of Maryland;
Agency Note: Federal Regulatory Reference — 45 CFR §§302.56, 303.4—303.5, 303.8, and 303.31; 42 U.S.C. §652(f)

Effective date: March 22, 1999 (26:6 Md. R. 482)

Regulation .02B amended effective September 17, 2001 (28:18 Md. R. 1620)

Regulation .02C amended effective August 16, 2004 (31:16 Md. R. 1253)

Regulation .02D amended effective September 8, 2008 (35:18 Md. R. 1600); May 17, 2010 (37:10 Md. R. 721)

Regulation .03 amended effective September 17, 2001 (28:18 Md. R. 1620)

Regulation .03B, C amended effective September 8, 2008 (35:18 Md. R. 1600)

Regulation .03B amended effective October 31, 2011 (38:22 Md. R. 1344)

Regulation .03C amended effective August 16, 2004 (31:16 Md. R. 1253); May 17, 2010 (37:10 Md. R. 721); March 17, 2014 (41:5 Md. R. 341)

Regulation .04 amended effective October 31, 2011 (38:22 Md. R. 1344)