Section 10-128 - Contents and effect of order. - Maryland Statutes

§ 10-128. Contents and effect of order.
 

(a)  Contents.- An earnings withholding order or an earnings withholding notice sent to the obligor's employer shall: 

(1) be a separate document, and not include any other orders or pleadings; and 

(2) include only the following information: 

(i) the amount to be withheld from the obligor's earnings including explanation of the application of the federal Consumer Credit Protection Act limits; 

(ii) that subject to further orders of the tribunal, the employer is required to withhold the stated amount on a regular and continuing basis commencing on the beginning of the next pay period after receipt of the earnings withholding order or the earnings withholding notice; 

(iii) that the employer may deduct and retain from the employee's earnings an additional $2 for each deduction made under the earnings withholding order or earnings withholding notice; 

(iv) that the net amount withheld is to be sent promptly to the State disbursement unit; and 

(v) any other information that the employer needs to comply with the earnings withholding order or earnings withholding notice. 

(b)  Order binding on present and future employers.- An earnings withholding order or earnings withholding notice is binding on each present and future employer of the obligor on whom a copy of the earnings withholding order or earnings withholding notice is served. 

(c)  Priority.- Subject to federal law, an earnings withholding order or earnings withholding notice under this Part III of this subtitle has priority over any other lien or legal process. 

(d)  Statement of penalties.- The copy of the earnings withholding order or earnings withholding notice served on the employer of the obligor shall contain a statement that upon willful violation of the earnings withholding order or earnings withholding notice the employer shall be subject to civil penalties. 
 

[1985, ch. 329; 1987, ch. 155; 1991, ch. 37; 2001, ch. 299, § 2; 2003, ch. 118.]