§ 10-129. Deductions from obligor's earnings

   (a) In general. -- On receipt of a copy of an earnings withholding order or earnings withholding notice an employer shall, beginning with the next pay period after receipt of the earnings withholding order or earnings withholding notice:

   (1) deduct the amount of the withholding from the obligor's earnings on a regular basis; and

   (2) send the deducted net amount directly to the State disbursement unit within 7 days not including Saturday, Sunday, or a legal holiday after the day on which the earnings are paid to the obligor.

(b) Additional deductions. -- An employer may deduct and retain from the obligor's wages an additional $ 2 for each deduction made under the earnings withholding order or earnings withholding notice.

(c) Prohibited acts. -- An employer may not use the withholding as a basis for:

   (1) reprisal against the obligor;

   (2) dismissal of the obligor from employment; or

   (3) refusal to hire or to promote the obligor.

(d) Civil action; employer's liability. --

   (1) Subject to the provisions of § 10-131 of this subtitle:

      (i) the recipient or the support enforcement agency may bring a civil action against an employer who willfully violates subsection (a) of this section; and

      (ii) an employer is liable for damages under this subsection in an amount equal to the amount of any withholding that the employer failed to deduct from the obligor's earnings or failed to send within the time required under subsection (a) of this section.

   (2) The employer's liability under this subsection shall be in addition to any amounts paid directly or indirectly by the obligor.

HISTORY: 1985, ch. 329; 1989, ch. 548; 1991, ch. 37; 1999, ch. 20; 2001, ch. 299, § 2; 2003, ch. 118.