§ 10-108.3. Action to attach and seize funds for child support arrears from financial institution

   (a) Definitions. --

   (1) In this section and in § 10-108.4 of this subtitle, "financial institution" means:

      (i) a depository institution, as defined in the Federal Deposit Insurance Act at 12 U.S.C. § 1813(c);

      (ii) a federal or state credit union, as defined in the Federal Credit Union Act at 12 U.S.C. § 1752;

      (iii) a State credit union regulated under Title 6 of the Financial Institutions Article; or

      (iv) a benefit association, insurance company, safe deposit company, money market mutual fund, or similar entity doing business in the State that holds property or maintains accounts reflecting property belonging to others.

   (2) In this section and in § 10-108.4 of this subtitle, "financial institution" does not include an institution-affiliated party, as defined in § 10-108.2(a)(4)(ii) and (v) of this subtitle.

(b) In general. --

   (1) If an obligor identified in a report submitted under § 10-108.2 of this subtitle or in a report made to the Federal Parent Locator Service under 42 U.S.C. § 666(a)(17) is $ 500 or more in arrears of a child support obligation and has not paid child support for more than 60 days, the Administration may institute an action to attach and seize the amount of the arrearage in one or more of the accounts of the obligor with a financial institution to satisfy the amount of arrearage owed by the obligor.

   (2) Before attaching and seizing the obligor's accounts, the Administration shall send a notice to the obligor at the obligor's last known address advising the obligor of the enforcement actions that may be taken, including that the obligor's accounts may be subject to garnishment for payment of a child support arrearage.

(c) Notice to financial institutions. --

   (1) If the Administration institutes an action against an obligor under subsection (b) of this section, the Administration shall send a notice to the financial institution in which one or more of the obligor's accounts are located, by certified mail, return receipt requested, or by other method acceptable to the financial institution, at the address designated for this purpose by the financial institution or, if no address has been designated, to the principal office of the financial institution.

   (2) The notice shall contain the following information, to the extent known by the Administration:

      (i) the address of the Administration;

      (ii) the telephone number, address, and name of a contact person at the Administration;

      (iii) the name and Social Security number or other taxpayer identification number of the obligor;

      (iv) the address of the obligor;

      (v) for each account of the obligor, the obligor's account number and known balance with the financial institution;

      (vi) the amount of arrearage that the financial institution shall seize and attach from one or more of the accounts of the obligor; and

      (vii) a statement instructing the financial institution to immediately attach and seize the amount of arrearage stated in item (vi) of this paragraph from one or more of the accounts of the obligor and, upon subsequent notice by the Administration, to forward the amount to the Administration.

(d) Seizure and attachment of funds. --

   (1) On receipt of the notice under subsection (c) of this section, the financial institution shall promptly seize and attach from one or more of the accounts identified in the Administration's notice to the financial institution an aggregate amount equal to the lesser of the amounts in all accounts or the amount stated in the notice.

   (2) Not later than 30 days after the financial institution receives the notice directing it to seize and attach accounts of the obligor, the financial institution shall send notice to the Administration by regular mail specifying the aggregate amount held under this subsection.

   (3) If an account that has been seized and attached is maintained by the obligor with one or more account holders of interest as reflected on the records of the financial institution, the financial institution's notice to the Administration shall state that fact and shall provide, to the extent reflected in the financial institution's records, the name and address of the other person or persons.

   (4) (i) The financial institution may assess a fee against the accounts or the obligor, in addition to the amount identified in the notice under subsection (c) of this section.

      (ii) In the case of insufficient funds to cover both the fee and the amount identified in the notice under subsection (c) of this section, the financial institution may first deduct and retain the fee from the amount seized and attached as provided in this section.

   (5) The financial institution may not be held liable to any person, including the Administration, the obligor, or any person named on the account, for wrongful dishonor or for any other claim relating to the seizure and attachment of the account or other actions taken in compliance with this section.

(e) Seizure and attachment of funds -- Notice to obligor. --

   (1) Within 2 days after the Administration has received the return receipt from the notice sent to the financial institution under subsection (c) of this section, the Administration shall promptly send a notice to the obligor, by regular mail, to the obligor's last known address, or if the home address is not known, to the place of last known employment.

   (2) The notice shall contain the following information, to the extent known by the Administration:

      (i) the address of the Administration;

      (ii) the telephone number, address, and name of a contact person at the Administration;

      (iii) the name and Social Security number or other taxpayer identification number of the obligor;

      (iv) the address of the obligor;

      (v) for each account of the obligor, the obligor's account number and known balances with the financial institution;

      (vi) the total amount of the arrearage owed by the obligor;

      (vii) the date the notice is being sent;

      (viii) a statement informing the obligor that the Administration has directed the financial institution to seize and attach the amount of the arrearage owed by the obligor from one or more of the accounts of the obligor and, upon subsequent notice by the Administration, to forward the amount to the Administration; and

      (ix) a statement informing the obligor that, unless a timely challenge is made to the Administration by the obligor or an account holder of interest under subsection (h) of this section, the Administration shall notify the financial institution to forward the amount seized and attached by the financial institution to the Administration.

(f) Notice to financial institution to forward funds to Administration. -- If a timely challenge is not made by the obligor or an account holder of interest under subsection (h) of this section, the Administration shall send a notice to the financial institution, in the manner specified in subsection (c) of this section, directing the institution to forward the amount seized and attached by the financial institution to the Administration.

(g) Application of funds to child support arrears. -- The Administration shall apply the amount seized and forwarded by the financial institution to the obligor's child support arrears. If the obligor has more than one child support case with arrears, the Administration shall allocate the amount received among one or more of the obligor's cases, as determined appropriate by the Administration.

(h) Challenge by obligor. --

   (1) An obligor or an account holder of interest may challenge the actions of the Administration under this section by:

      (i) filing a request for an investigation with the Administration; or

      (ii) filing a motion with the circuit court.

   (2) A challenge under paragraph (1)(i) of this subsection shall:

      (i) be in writing;

      (ii) be received by the Administration within 30 days from the date of the notice under subsection (e) of this section;

      (iii) be sent to the contact person identified in the notice sent to the obligor under subsection (e) of this section; and

      (iv) specify, in detail, the reasons for the challenge.

   (3) An obligor or account holder of interest may not challenge the actions of the Administration on issues related to visitation, custody, or other matters not related to an account.

   (4) An obligor or an account holder of interest may challenge the actions of the Administration based on an exemption in § 11-504 or § 11-603 of the Courts Article or for any other good cause.

(i) Review of challenge by Administration; release or reduction of amount. --

   (1) Upon receipt of a challenge under subsection (h) of this section, the Administration shall review the challenge in accordance with this subsection.

   (2) The Administration shall release or reduce the amount seized and attached by the financial institution for a mistake of fact, including:

      (i) a mistake in the identity of the obligor;

      (ii) a mistake in the ownership of an account;

      (iii) a mistake in the contents of an account;

      (iv) a mistake in the amount of arrearage due; or

      (v) any other good cause.

   (3) The Administration shall release or reduce the amount seized and attached by the financial institution if the account is exempt under § 11-504 or § 11-603 of the Courts Article or for any other good cause.

   (4) The Administration shall send a notice to the financial institution, in the manner specified in subsection (c) of this section, directing the financial institution to release the amount seized and attached by the financial institution if the Administration determines that a mistake of fact has occurred, the account is exempt under § 11-504 or § 11-603 of the Courts Article, or other good cause exists.

   (5) The Administration shall send a notice to the financial institution, in the manner specified in subsection (c) of this section, directing the financial institution to reduce the amount seized and attached to the revised amount stated and to release the excess amount if the Administration determines that:

      (i) the amount owed by the obligor is less than the amount originally indicated on the notice under subsection (b) of this section;

      (ii) the obligor does not have an ownership interest in one or more of the accounts seized and attached or a portion thereof; or

      (iii) the account or a portion of the account is exempt under § 11-504 or § 11-603 of the Courts Article or other good cause exists.

(j) Notice of findings to obligor or other challenging party; right to appeal. --

   (1) The Administration shall send by regular mail a notice of its findings, including a finding of no mistake of fact, to the obligor and any other challenging party.

   (2) The notice shall inform the obligor or the challenging party of the right to appeal the decision of the Administration to the Office of Administrative Hearings or to the circuit court.

(k) Notice to financial institution where no appeal filed. -- If no timely appeal is filed, the Administration shall send a notice to the financial institution, in the manner specified in subsection (c) of this section, directing the financial institution to forward the amount specified in the notice, including any revised amount under subsection (i)(5) of this section, to the Administration.

(l) Procedure on appeal. --

   (1) An appeal to the Office of Administrative Hearings authorized under subsection (j) of this section shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.

   (2) An appeal to the Office of Administrative Hearings shall be:

      (i) in writing; and

      (ii) received by the Office of Administrative Hearings within 30 days after the notice is sent to the obligor or other challenging party under subsection (j) of this section.

(m) Procedure following completion of appeal. -- After the completion of an appeal to the Office of Administrative Hearings authorized under subsection (j) of this section, the Administration shall:

   (1) send a notice to the financial institution, in the manner specified in subsection (c) of this section, directing the financial institution to release the amount seized and attached by the financial institution if the Office of Administrative Hearings finds that:

      (i) there is a mistake of identity;

      (ii) the obligor does not have an ownership interest in the contents of any account held; or

      (iii) there is no arrearage;

   (2) send a notice to the financial institution, in the manner specified in subsection (c) of this section, directing the financial institution to release the attachment on any amount in excess of the revised amount stated and that the revised amount stated be forwarded to the Administration if the Office of Administrative Hearings finds that:

      (i) the obligor is delinquent, but the amount of the arrearage is less than the amount indicated in the notice under subsection (c) of this section or in a subsequent notice under subsection (i)(5) of this section; or

      (ii) the obligor does not have ownership interest in one or more of the accounts seized and attached or a portion of the accounts; or

   (3) send a notice to the financial institution, in the manner specified in subsection (c) of this section, directing the financial institution to transfer the amounts seized and attached to the Administration if the Office of Administrative Hearings upholds the determination of the Administration.

(n) Withdrawal of appeal or notice to attach. --

   (1) A challenging party may withdraw an administrative challenge or appeal by submitting a notice of the withdrawal to the person identified as the contact person for the Administration in the notice under subsection (e) of this section, or to the Office of Administrative Hearings.

   (2) The Administration may withdraw the notice to attach accounts by sending notice to the financial institution, in the manner specified in subsection (c) of this section, directing the financial institution to release the attachment on the account.

(o) Release of funds. -- If a determination is made by the Administration or by the Office of Administrative Hearings that the account or accounts of the obligor should not have been held, the Administration shall notify the financial institution, in the manner specified in subsection (c) of this section, to release the amount seized and attached by the financial institution.

(p) Immunity of financial institution. --

   (1) A financial institution that complies with a request or notice from the Administration made under this section is not liable under State law to any person for:

      (i) any disclosure of information to the Administration under this section;

      (ii) seizing and attaching any amounts from an account, sending any amount seized and attached by the financial institution to the Administration, or releasing all or a part of the amount seized and attached by the financial institution; or

      (iii) any other action taken in good faith to comply with the requirements of this section.

   (2) An institution-affiliated party, as defined in § 10-108.2(a)(4)(ii) and (v) of this subtitle, is immune from any civil liability or criminal penalty for any action taken under this section.

(q) Provisions establish method of collection of delinquent child support. --

   (1) Notwithstanding any other statutory provisions or rules of court that provide for the execution, attachment, garnishment, or levy against an account, and subject to paragraph (2) of this subsection, the Administration may utilize the procedures established in this section exclusively to collect delinquent child support.

   (2) This section may not be construed to prohibit the Administration from collecting delinquent child support in any other manner authorized by law.

HISTORY: 2002, ch. 536, § 1, 2; 2003, ch. 138.