Rule 9-202.1. Child Support Modification

(a) Applicability This Rule applies to a motion to modify child support pursuant to Code, Family Law Article, § 12-104 that is filed more than 30 days after entry of an order by a Maryland court establishing or modifying child support. It does not apply to modification of a support order or income withholding order issued in another state or a foreign support order registered in this State.

(b) Form of Motion The motion shall be substantially in the form approved by the State Court Administrator, posted on the Judiciary website, and available in the clerks' offices.

(c) Issuance of Summons Pursuant to Rule 1-321 (e), the clerk shall issue a summons to be served with the motion.

(d) Service

(1) On Non-Moving Party Except as otherwise provided in section (e) of this Rule, the summons and the motion shall be served on the non-moving party in accordance with Rule 2-121 (a).

(2) On Child Support Administration If the Child Support Administration is charged with collecting child support in the action, in addition to the service required by subsection (d)(1) of this Rule, the moving party shall serve a copy of the summons and the motion on the local office of child support by first-class mail.

(e) Alternative Methods of Service

(1) Request If (A) the current address of the non-moving party is not known to the moving party, (B) the moving party is unable to serve the non-moving party after having made reasonable good faith efforts to do so, or (C) the moving party alleges facts supporting that personal service on the non-moving party is impracticable, the moving party may file a request to permit an alternative method of service pursuant to Rule 2-121 (b) or (c), as appropriate, together with an affidavit in support of the request. The request and affidavit shall be substantially in the form approved by the State Court Administrator, posted on the Judiciary website, and available in the clerks' offices. If the Child Support Administration is charged with collecting child support in the action, the moving party shall serve the Child Support Administration by mailing a copy of the request and affidavit to the local office of child support by first-class mail.

(2) Determination of Request The court promptly shall consider a request filed pursuant to section (e) of this Rule. The court may hold a hearing to determine an appropriate method of service, except that the court shall hold a hearing if the Child Support Administration is charged with collecting child support in the action and requests a hearing within 15 days of being served pursuant to subsection (e)(1) of this Rule. If a hearing is held, the court shall permit remote electronic participation pursuant to Rule 21-201. If the court grants the request, it shall enter an order permitting an alternative method of service reasonably calculated to give actual notice of the action to the non-moving party, which may include:

(A) authorizing service pursuant to Rule 2-121 (b);

(B) permitting the moving party to send a copy of the summons and the motion to the non-moving party by electronic means, including email, text message, or social media; or

(C) if no other means of contact is available, and the Child Support Administration is charged with collecting child support and has an email address not known to be inactive for the non-moving party in its records, ordering the Child Support Administration to make prompt electronic service by email.

(3) Order Permitting Alternative Service An order permitting an alternative method of service shall include:

(A) the authorized method or methods of alternative service;

(B) a method for demonstrating proof of service;

(C) if the Child Support Administration is ordered to serve the non-moving party electronically, instructions for providing the court with the email address used for service confidentially; and

(D) a directive to the non-moving party to provide to the court, in writing, within the time allowed for filing a response to the motion, an address to which pleadings, papers, and notices are to be sent.

Committee note: The non-moving party may provide any street address or post office box at which the party is willing and able to receive pleadings, papers, and notices, including any documents that may require prompt action on the part of the non-moving party. The address may be provided as part of a response to the motion.

(4) Failure to Provide Address If a non-moving party who is served pursuant to section (e) of this Rule fails to provide the court with an address as required by subsection (e)(3)(D) of this Rule within the time allowed for responding to the motion, the court shall enter an order stating a method by which pleadings and papers may be served and notices may be sent, which may be the method of alternative service used for service of the initial motion.

(f) Motion to Modify Child Support as Counterclaim A non-moving party who is served with a summons and motion to modify child support or a petition for contempt in an action involving child support may file a motion to modify child support as a counterclaim and serve it on the moving party in accordance with Rule 1-321 (a). If the Child Support Administration is charged with collecting child support in the action and is not the moving party, the party filing the counterclaim shall serve a copy of it on the local office of child support by first-class mail. If the Child Support Administration is the moving party, the party filing the counterclaim shall serve each other party named in the child support order sought to be modified in accordance with the procedure set forth in subsection (d)(1) or section (e) of this Rule.

Committee Notes

Cross reference: See Code, Family Law Article, Title 10, Subtitle 3, Part VI, Subpart C pertaining to registration and modification of a child support order of another state. Cross reference: See Code, State Government Article, §§ 7-301 to 7-313 and Rule 1-205 concerning participation in the Address Confidentiality Program. See Rule 1-311 (a) concerning information to be provided when filing a pleading or paper with the court. Cross reference: See Code, State Government Article, §§ 7-301 to 7-313 and Rule 1-205 concerning participation in the Address Confidentiality Program. See Rule 1-311 (a) concerning information to be provided when filing a pleading or paper with the court. Cross reference: See Code, State Government Article, §§ 7-301 to 7-313 and Rule 1-205 concerning participation in the Address Confidentiality Program. See Rule 1-311 (a) concerning information to be provided when filing a pleading or paper with the court. Source: This Rule is new.