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Unannotated Code of Maryland (Last Updated: May 16, 2014) |
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FAMILY LAW |
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TITLE 10. SUPPORT IN GENERAL |
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SUBTITLE 1. CIVIL AND CRIMINAL ENFORCEMENT |
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PART II. CHILD SUPPORT ENFORCEMENT ADMINISTRATION |
§ 10-115. Legal representation
Latest version.
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(a) "Legal proceeding" defined. -- In this section, "legal proceeding" means:
(1) a civil action for child support;
(2) a paternity proceeding under Title 5, Subtitle 10 of this article; and
(3) a proceeding under Subtitle 3 of this title.
(b) Initiation of legal proceding. -- In any support action in which the Administration is providing child support services under federal law, the Administration may initiate a legal proceeding to establish, modify, or enforce a duty of support.
(c) By whom provided. -- In a legal proceeding, the Administration shall be represented by:
(1) the Attorney General;
(2) the State's Attorney, if the State's Attorney has agreed to provide representation under subsection (g) of this section; or
(3) a qualified lawyer who is appointed by and subject to supervision and removal by the Attorney General.
(d) Representation of Administration. -- An attorney who initiates or participates in a legal proceeding under this section shall represent the Administration.
(e) Attorney-client relationship -- Administration. -- Representation of the Administration by an attorney under this section:
(1) creates an attorney-client relationship between that attorney and the Administration; and
(2) does not create an attorney-client relationship between that attorney and any other person.
(f) Attorney-client relationship -- Parent. -- The attorney representing the Administration in a legal proceeding under this section shall advise the person whom the Administration has approved for child support services that the attorney's representation of the Administration does not create an attorney-client relationship between the attorney and that person.
(g) Conditions for State's Attorney's representation. --
(1) A State's Attorney may make a written agreement with the Secretary of Human Resources and the county to provide legal representation for a fiscal year. An agreement shall be made by September 1 of the year preceding the fiscal year for which representation will be provided.
(2) An agreement shall establish reasonable administrative and fiscal requirements for:
(i) providing and continuing representation; and
(ii) reimbursement.