(a) Legislative findings. Prompt payment of child support payments are essential to the health and welfare of the children for whom the payments are intended. Many payors fail to satisfy the obligation they have to make child support payments in a timely manner. It is the purpose of this section to establish a procedure whereby persons who are entitled to receive child support payments from county employees may, without embarrassment to the parties or the necessity to prove any arrearage or other fault, cause the county to deduct the amount of child support directly from the salary of the employee.
(b) Definitions.
Chief administrative officer means the county's chief administrative officer, or his designee.
Child support means a sum of money required to be paid for the support of one (1) or more children pursuant to a court order or a written agreement.
Clerk means the office of the clerk of the circuit court for Montgomery County.
Director means the director of the Montgomery County department of finance, or his designee.
Payee means any person entitled to receive child support.
Payor means any employee of the county who is obligated to pay child support.
(c) Application for deduction. Any payee may apply for a direct deduction of child support from the salary of a payor. The application shall be submitted to the clerk on a form prepared by the clerk, and a copy of the court order or separation agreement requiring the payment of child support shall be attached to the application form. If the clerk declines or is judicially determined unable to administer this program in accordance with the procedures established by this section, the functions prescribed herein to be performed by the clerk shall be performed by the county's office of hearing examiner.
(d) Notice and determination. The clerk shall notify the payor of any application for direct deduction of child support. The payor may object to the deductions by filing a written answer with the clerk within fifteen (15) days from the date of receipt of the notice. Where an objection is filed, the clerk shall provide the payee with a copy of the objection. Upon request of either party, the clerk shall schedule a conference to discuss the merits of the matter. Thereafter, the clerk shall make administrative determinations as to the support obligation of the payor, based on the court order, separation agreement or any modifications thereof, and the amount to be deducted from the payor's weekly or biweekly salary, and provide the director with a copy of the determination. The determination is solely intended to facilitate a child support collection procedure without consideration of collateral child support or custody issues.
(e) Administrative appeal and hearing. Either party may appeal the clerk's determination to the board of appeals under the procedures established by the board for this purpose. The board, if requested by either party, shall hold a hearing on the matter. The board's decision shall be subject to the same judicial review provisions found in section 2-114 of this Code. An appeal shall operate to stay the effect of the clerk's determination.
(f) Modifications. A payor or payee may, at any time, apply for a modification of the clerk's determination. Application for a modification shall be on a form specified by the clerk. The clerk, upon receipt of an application for modification, shall follow the same procedures applicable to initial applications for direct child support deductions.
(g) Director's duties. The director, upon receipt of the clerk's determination shall, unless contrary to law, court rule, or the provisions of a collectively bargained agreement, deduct the specified amount from the paycheck of the payor and transfer same to the clerk. The clerk shall then forward the amount of the payment directly to the payee. The director may also deduct from the amount of the support payment, a fee, established by executive regulation of the county executive adopted under method (3) of section 2A-15 of this Code, not to exceed the reasonable costs of implementing the determination of the clerk.
(h) Authority to enter into agreement. The chief administrative officer is authorized to enter into an agreement with the clerk for the administration of this program.
(i) Report. In any attachment (garnishment) action affecting the wages paid by the county to the payor, the county shall report to the court any deductions being made pursuant to this section.
(j) Executive regulations. The county executive is authorized to adopt regulations, under method (1) of section 2A-15 of this Code, for the implementation of the provisions of this section. (1983 L.M.C., ch. 16, § 1; 1983 L.M.C., ch. 39, § 1; 1983 L.M.C., ch. 56, § 1; 1984 L.M.C., ch. 24, § 39; 1984 L.M.C., ch. 27, § 23.)