MD rules committee approves use of electronic service in child support modification cases

ANNAPOLIS – Maryland’s Standing Committee on Rules of Practice and Procedure approved on Friday a new rule that would allow electronic service as an alternative service in child support modification cases when the non-moving party’s address cannot be confirmed.

The change must first be approved by the Maryland Supreme Court before taking effect.

Alternative service methods could include modern options, according to the Rules Committee, such as emailing, texting and sending messages via social media.

Last year, the Maryland Judiciary recorded 4,285 “child support modification events” that occurred in Maryland’s circuit courts across the state. According to the judiciary, these events include custody cases, visits and custodial matters, among a host of others.

The proposed change comes in response to a workgroup’s finding that obligors seeking to reduce their support payment due to a change in circumstances often struggle to obtain service on the custodial parent and face dismissal of the motion.

The proposed rule is intended to “balanc[e] the very real procedural barriers faced by pro se litigants who struggle with service with the due process owed to the respondent to have notice of the proceeding and an opportunity to be heard,” according to the Rules Committee.

The Rules Committee was tasked with determining if the procedural process in child custody cases creates potential unfairness for low-income litigants, according to materials prepared in the Rules Committee’s agenda for Friday’s meeting.

“Because child support modification cases are frequently filed pro se and carry significant consequences for the filer if not promptly served and litigated, a pathway to request alternate service and suggest modern options could provide actual notice to the non-moving party,” the Rules Committee wrote in the meeting agenda.

Judge Julia Weatherly, retired associate judge of the Prince George’s County Circuit Court and chair of the child support work group of the Judicial Council Domestic Law Committee, noted that pro se litigants often struggle with notifying the non-moving party.

“One of the early issues that really resonated with all of our members was the difficulty that pro se, self-represented, non-custodial parents had in modifying their child support obligations,” Weatherly said.

At the same time, Weatherly said the proposed rule fails to help litigants who can’t get service, and may create the need for more hearings.

“I am not here to beat a dead horse,” Weatherly said, “But I do want to tell the Committee that there’s really nothing that I see in the proposal before you that helps low-income, poorly educated, self-represented litigants process their motions for modification any more easily or efficiently. In fact, in some jurisdictions, I think it will make it harder.”

Dawne Lindsey, clerk of the Allegany County Circuit Court and member of the Rules Committee, spoke of the concern that permitting alternative service in “one niche of family law” may not be broad enough.

“If something like this goes through, I would prefer it to either be all family law or none of it,” Lindsey said.

Judge Catherine Chen, associate judge of the Maryland District Court and member of the Rules Committee, said email should be added as a form of alternative service.

“To me, I think the whole point is we want people to know that this is what’s happening and that it’s impacting your life,” Chen said.

Editor’s Note: This story has been corrected to accurately reflect Judge Julia Weatherly’s title as chair of the child support work group of the Judicial Council Domestic Law Committee.