19-A M.R.S. § 2201 — ME Code / Title 19-A / Part 3 / Chapter 65 / Section 2201
19-A §2201. Notice to licensing boards and obligor; judicial review
Status: in_force

1. Notice. The department may serve notice upon a support obligor who is not in compliance with an order of support that informs the obligor of the department's intention to submit the obligor's name to the appropriate board as a licensee who is not in compliance with an order of support. The notice must inform the obligor that: A. The obligor may request an administrative hearing to contest the issue of compliance; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] B. A request for hearing must be made in writing and must be received by the department within 20 days of service; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] C. If the obligor requests a hearing within 20 days of service, the department shall stay the action to certify the obligor to a board for noncompliance with an order of support pending a decision after hearing; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] D. If the obligor does not request a hearing within 20 days of service and is not in compliance with an order of support, the department shall certify the obligor to the appropriate board for noncompliance with an order of support; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] E. If the department certifies the obligor to a board for noncompliance with an order of support, the board must revoke the obligor's license and refuse to issue or reissue a license until the obligor provides the board with a written confirmation of compliance from the department that states the obligor is in compliance with the obligor's order of support. A revocation by an agency or a refusal by an agency to reissue, renew or otherwise extend the license or certificate of authority is deemed a final determination within the meaning of Title 5, section 10002 ; and [PL 2009, c. 158, §1 (AMD).] F. [PL 2009, c. 158, §2 (RP).] G. The obligor can comply with an order of support by: (1) Paying current support; (2) Paying all past-due support or, if unable to pay all past-due support and a periodic payment for past-due support has not been ordered by the court, by making periodic payments in accordance with a written payment agreement with the department; and (3) Meeting the obligor's health insurance obligation. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] The notice must include the address and telephone number of the department's support enforcement office that issues the notice and a statement of the need to obtain a written confirmation of compliance from that office as provided in subsection 8 . The department shall attach a copy of the obligor's order of support to the notice. Service of the notice must be made in the manner provided for service of summons by the Maine Rules of Civil Procedure, Rule 4. For purposes of this subsection, this must be deemed to be an action pursuant to Chapter XIII of the Maine Rules of Civil Procedure. Personal service within the State of the notice described in this subsection may be made by an authorized representative of the commissioner. [PL 2009, c. 158, §§1, 2 (AMD); PL 2009, c. 290, §22 (AMD).]

1-A. Written agreement to pay past-due support. An obligor who is presently unable to pay all past-due support may come into compliance with the support order by executing a written payment agreement with the department and by complying with that agreement. A condition of a written payment agreement must be that the obligor pay the current child support when due. Before a written payment agreement is executed, the obligor shall: A. Disclose fully to the department in writing on a form prescribed by the department the obligor's financial circumstances, including income from all sources, assets, liabilities and work history for the past year; and [PL 1997, c. 466, §9 (NEW); PL 1997, c. 466, §28 (AFF).] B. Provide documentation to the department concerning the obligor's financial circumstances, including copies of the most recent state and federal income tax returns, both personal and business, a copy of a recent pay stub representative of current income and copies of other records that show the obligor's income and the present value of assets held by the obligor. [PL 1997, c. 466, §9 (NEW); PL 1997, c. 466, §28 (AFF).] After full disclosure, the department shall determine the obligor's ability to pay past-due support and request the obligor to execute a written payment agreement consistent with the obligor's ability to pay, not to exceed the limits on income withholding in section 2356 . [PL 1997, c. 466, §9 (NEW); PL 1997, c. 466, §28 (AFF).]

1-B. Failure to comply with written agreement. Failure to comply with a written payment agreement is grounds for license revocation unless the obligor notifies the department that the obligor is unable to comply with the agreement and provides the department with evidence of the obligor's current financial circumstances to support the claim. The consequences of failing to comply with a written payment agreement and the requirements to avoid license revocation, if the obligor can not comply with the agreement, must be stated in the agreement. If the obligor claims inability to comply with a written payment agreement, the department, upon motion to the District Court, may request the court to determine the obligor's ability to pay past-due support. After notice and an opportunity for hearing, the court may make a finding of money due, render judgment in that amount and order any relief provided under sections 2603 and 2603‑A . For purposes of this subsection, the commissioner may designate employees of the department who are not attorneys to represent the department in District Court. The commissioner shall ensure that appropriate training is provided to all employees designated to represent the department under this subsection. [PL 1997, c. 466, §9 (NEW); PL 1997, c. 466, §28 (AFF).]

2. Administrative hearing. An obligor may request an administrative hearing upon service of the notice described in subsection 1 . The request for hearing must be made in writing and must be received by the department within 20 days of service. The department shall conduct hearings under this subsection in accordance with the requirements of Title 5, chapter 375, subchapter IV . The issues that may be determined at hearing are limited to whether the obligor is required to pay child support under an order of support and whether the obligor is in compliance with an order of support. The obligor may raise additional issues, including the reasonableness of a payment agreement in light of the obligor's current circumstances, to be preserved for appeal. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

3. Decision after hearing. The department shall render a decision after hearing without undue delay as to whether the obligor is in compliance with the obligor's order of support. The decision must be based on the hearing record and rules adopted by the commissioner. The decision must inform the obligor that the obligor may file a petition for judicial review of the decision within 30 days of the date of the decision. The department shall send an attested copy of the decision to the obligor by regular mail to the obligor's most recent address of record. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

4. Appeal to Superior Court. If the obligor appeals the department's decision under subsection 3, the Superior Court may hear and determine issues raised at the hearing, including the reasonableness of a payment agreement in light of the obligor's current circumstances. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

5. Stay. If an obligor timely requests a hearing to contest the issue of compliance, the department may not certify the name of the obligor to a board for noncompliance with an order of support until the department issues a decision after hearing that finds the obligor is not in compliance with an order of support. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

6. Certification of noncompliance. The department may certify in writing to the appropriate board that a support obligor is not in compliance with an order of support if: A. The obligor does not timely request a hearing upon service of a notice issued under subsection 1 and is not in compliance with an order of support 21 days after service of the notice; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] B. The department issues a decision after a hearing that finds the obligor is not in compliance with an order of support and the obligor has not appealed the decision within the 30-day appeal period provided in subsection 3; [PL 1997, c. 466, §10 (AMD); PL 1997, c. 466, §28 (AFF).] C. The court enters a judgment on a petition for judicial review that finds the obligor is not in compliance with a support order; [PL 1997, c. 466, §10 (AMD); PL 1997, c. 466, §28 (AFF).] D. The obligor abandons a timely request for a hearing on the department's notice of noncompliance and is not in compliance with the support order; or [PL 1997, c. 466, §11 (NEW); PL 1997, c. 466, §28 (AFF).] E. The obligor fails to comply with a written payment agreement, does not notify the department that the obligor is unable to comply with the agreement and does not provide the department with evidence of the obligor's current financial circumstances. [PL 1997, c. 466, §11 (NEW); PL 1997, c. 466, §28 (AFF).] The department shall send by regular mail a copy of a certification of noncompliance filed with a board to the obligor at the obligor's most recent address of record. [PL 1997, c. 466, §§10, 11 (AMD); PL 1997, c. 466, §28 (AFF).]

7. Notice from board. A board shall notify an obligor certified by the department under subsection 6 , without undue delay, that the obligor's application for the issuance or renewal of a license may not be granted or that the obligor's license has been revoked because the obligor's name has been certified by the department as a support obligor who is not in compliance with an order of support. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

8. Written confirmation of compliance. When an obligor who is served notice under subsection 1 subsequently complies with the official order of support, the department shall provide the obligor with written confirmation that the obligor is in compliance with the order of support. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

9. Rules. The department shall adopt rules to implement and enforce the requirements of this section. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

10. Agreements. The department and the various boards shall enter into agreements that are necessary to carry out the requirements of this section, but only to the extent the department determines it is cost-effective. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

11. Motion to modify order of support; stay. This section does not prohibit a support obligor from filing a motion to modify support with the court or from requesting the department to amend a support obligation established by an administrative decision. [PL 2009, c. 158, §3 (AMD).]

12. Reporting. On or before April 1, 1994, or as soon as economically feasible and at least annually, all boards subject to this section and the Department of Professional and Financial Regulation, Division of Administrative Services shall provide to the department specified information, on magnetic tape or other machine-readable form, according to standards established by the department, about applicants for licensure and all current licensees. The Department of Professional and Financial Regulation, Office of Securities shall provide the specified information for only those current licensees that are residents of this State. The information to be provided must include all of the following information about the licensee: A. Name; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] B. Address of record; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] C. Federal employer identification number or social security number; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] D. Type of license; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] E. Effective date of license or renewal; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] F. Expiration date of license; and [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] G. Active or inactive status. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] [PL 2001, c. 182, §6 (AMD).]

12-A. Commissioner of Inland Fisheries and Wildlife report. The Commissioner of Inland Fisheries and Wildlife shall provide annually to the department on magnetic tape or other machine-readable form, according to standards established by the department, watercraft, snowmobile and ATV registration information concerning obligors who are residents of this State. The information to be provided must include all of the following information about the registrant: A. Name; [PL 2007, c. 206, §3 (NEW).] B. Address of record; [PL 2007, c. 206, §3 (NEW).] C. Make, model and identification number for each watercraft registered under Title 12, section 13052 ; each snowmobile registered under Title 12, section 13104 ; and each ATV registered under Title 12, section 13155 ; [PL 2007, c. 206, §3 (NEW).] D. Type of registration; [PL 2007, c. 206, §3 (NEW).] E. Effective date of registration or registration renewal; and [PL 2007, c. 206, §3 (NEW).] F. Expiration of registration. [PL 2007, c. 206, §3 (NEW).] [PL 2007, c. 206, §3 (NEW).]

13. Effect of noncompliance. The department, upon receipt of the licensee information referred to in subsection 12 and registration information referred to in subsection 12‑A , shall identify and notify each board and the Department of Professional and Financial Regulation, Division of Administrative Services, of the names of their licensees and registrants who are support obligors subject to this section. The notice must include the social security number and address of the support obligor, the name, address and telephone number of the department's designee for implementing this section and a certification by the department that it has verified that the licensee or registrant is a support obligor subject to this section. When the department notifies a board under this subsection, the department shall provide adequate notice of its action to the obligor. The notice must inform the obligor of the right to request a hearing on the issue of whether the obligor is in compliance with an order of support. The board may not issue or renew a license or registration to a person whose name is on the most recent list from the department until the board receives a copy of the written confirmation of compliance specified in subsection 8. [PL 2007, c. 206, §4 (AMD).]

14. Subsequent reissuance, renewal or other extension of license or certificate. The board may reissue, renew or otherwise extend the license or certificate of authority in accordance with the board's rules after the board receives a copy of the written confirmation of compliance specified in subsection 8 . A board may waive any applicable requirement for reissuance, renewal or other extension if it determines that the imposition of that requirement places an undue burden on the person and that waiver of the requirement is consistent with the public interest. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

15. Program review. In furtherance of the public policy of increasing collection of child support, the department shall report the following to the Legislature and the Governor on January 31, 1999 and biennially thereafter: A. The number of support obligors identified as licensees subject to this section; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] B. The number of support obligors identified by the department under this section who are not in compliance with a support order; and [PL 2003, c. 396, §8 (AMD).] C. The number of actions taken by the department under this section and the results of those actions. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] [PL 2003, c. 396, §8 (AMD).]
19-A M.R.S. § 3312 — ME Code / Title 19-A / Part 3 / Chapter 67 / Section 3312
19-A §3312. Applicability
Status: in_force

This subchapter applies only to a support proceeding under the Convention. In such a proceeding, if a provision of this subchapter is inconsistent with a provision in subchapters 1 to 6 , this subchapter controls. [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
19-A M.R.S. § 610 — ME Code / Title 19-A / Part 2 / Chapter 21 / Section 610
19-A §610. Limitation of actions
Status: in_force

A statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. Equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
19-A M.R.S. § 2012 — ME Code / Title 19-A / Part 3 / Chapter 63 / Section 2012
19-A §2012. Medical support
Status: in_force

The department, after consultation with the Supreme Judicial Court and interested parties, shall adopt rules in accordance with Title 5, chapter 375 establishing medical support. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375 , subchapter 2-A . [PL 2007, c. 448, §4 (NEW).]
19-A M.R.S. § 1570 — ME Code / Title 19-A / Part 3 / Chapter 53 / Section 1570
19-A §1570. Dismissals
Status: in_force

1. Procedure. [PL 2015, c. 296, Pt. B, §14 (RP); PL 2015, c. 296, Pt. D, §1 (AFF).]

2. Dismissal without prejudice. Dismissals of paternity actions must be without prejudice in all cases except: A. When an adjudication on the merits has occurred; or [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] B. When the department is a party to the action and the department consents to the dismissal with prejudice. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
19-A M.R.S. § 1936 — ME Code / Title 19-A / Part 3 / Chapter 61 / Section 1936
19-A §1936. Termination of gestational carrier agreement
Status: in_force

1. Termination of agreement; parties. A party to a gestational carrier agreement may withdraw consent to any medical procedure and may terminate the gestational carrier agreement at any time prior to any embryo transfer or implantation by giving written notice of termination to all other parties. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

2. Obligations upon termination; no liability to gestational carrier. Upon termination of the gestational carrier agreement under subsection 1 , the parties are released from all obligations recited in the agreement except that the intended parent or parents remain responsible for all expenses that are reimbursable under the agreement incurred by the gestational carrier through the date of termination. The gestational carrier is entitled to keep all payments she has received and obtain all payments to which she is entitled. Neither a prospective gestational carrier nor her spouse, if any, is liable to the intended parent or parents for terminating a gestational carrier agreement. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
19-A M.R.S. § 353 — ME Code / Title 19-A / Part 1 / Chapter 5 / Section 353
19-A §353. Consultants; experts
Status: in_force

Whenever it considers appropriate, the commission shall seek the advice of consultants or experts, including representatives of the legislative and executive branches of State Government, in fields related to its duties. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
19-A M.R.S. § 355 — ME Code / Title 19-A / Part 1 / Chapter 5 / Section 355
19-A §355. Organization; staff
Status: in_force

The Chief Justice of the Supreme Judicial Court shall notify all members of the time and place of the first meeting. At that time the commission shall organize, elect a chair, vice-chair and secretary-treasurer from its membership and adopt rules governing the administration of the commission and its affairs. The commission shall maintain financial records as required by the State Auditor. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
19-A M.R.S. § 852 — ME Code / Title 19-A / Part 2 / Chapter 27 / Section 852
19-A §852. Preliminary injunction, effect; attachment or trustee process
Status: in_force

1. Issuance of preliminary injunction by the court; service; contents; effect. In all actions for judicial separation, the District Court shall issue a preliminary injunction order in the following manner. A. The preliminary injunction must bear the signature or facsimile signature of the clerk, be under the seal of the court and contain the name of the court issuing the preliminary injunction and the names of the parties. If the plaintiff is represented, the preliminary injunction must also state the name and address of the plaintiff's attorney. The preliminary injunction may be obtained in blank from the clerk for a fee. The plaintiff or the plaintiff's attorney shall serve the preliminary injunction on the defendant along with the summons and complaint. [PL 2023, c. 204, §1 (AMD).] B. The preliminary injunction must be directed to each party to the action and must order that, unless the parties otherwise agree in writing or unless the court orders otherwise: (1) Except as specifically allowed by paragraph B‑1 , each party is prohibited from damaging, destroying, transferring, encumbering, concealing, selling or otherwise disposing of any property owned or claimed by either or both of the parties, regardless of whose name the property is in or who holds title to the property. Violations of this subparagraph include but are not limited to the following: (a) Withdrawing from or borrowing from or against all or any part of the cash surrender value of a life insurance policy of either party or of a child of the parties; (b) Withdrawing from or borrowing from or against all or any part of the retirement, profit-sharing, pension, death or other employee benefit plan or from an employee savings plan, an individual retirement account or a "Keogh" retirement account; and (c) Intentionally or knowingly damaging or destroying the personal property of the parties, including but not limited to any electronically stored materials, electronic communications, financial records and documents that represent or embody anything of value; (3) Each party is prohibited from canceling or voluntarily removing the other party or a child of the parties from a policy of health, dental or disability insurance that provides coverage for the other party or the child of the parties and that each party is required to comply with any annual renewal requirements or deadlines necessary for the maintenance of such policies; (4) Each party is prohibited from canceling or changing in any way, including by changing a beneficiary of, a casualty, life or motor vehicle policy insuring a party or the party's property; (5) Each party is prohibited from opening, tampering with, destroying, deleting or withholding mail, e-mail or text messages or any other form of communication addressed to the other party; and (6) Each party is prohibited from signing the other party's name on any negotiable instrument, check or draft, including but not limited to a tax refund, security deposit, insurance payment or dividend. [PL 2023, c. 204, §1 (AMD).] B-1. Notwithstanding paragraph B , subparagraph (1), the preliminary injunction does not prohibit a party from accessing funds or incurring debt for the following purposes: (1) To continue the regular operations of an ongoing business; (2) To pay for the necessities of life, including housing, utilities, food, transportation, school, child care and medical expenses; (3) To retain an attorney for the legal separation or divorce proceeding; and (4) To make regular withdrawals or required minimum withdrawals in the normal course of retirement. [PL 2023, c. 204, §1 (NEW).] C. The preliminary injunction must include the following statement: "Warning This is an official court order. If you disobey this order the court may find you in contempt of court. This court order will remain in effect until the earliest of the following: (1) The court revokes or modifies it; (2) A final divorce judgment or decree of judicial separation is entered; or (3) The action is dismissed." [PL 2023, c. 204, §1 (AMD).] D. The preliminary injunction is effective against the plaintiff upon the commencement of the action and against the defendant upon service of a copy of both the complaint and the preliminary injunction in accordance with the Maine Rules of Civil Procedure. The plaintiff is deemed to have accepted service of the plaintiff's copy of the preliminary injunction and to have actual notice of its contents by filing or causing the complaint to be served. [PL 2023, c. 204, §1 (AMD).] E. The preliminary injunction has the force and effect of and is an order of a Judge of the District Court and is enforceable by all remedies made available by law, including contempt of court. [PL 2023, c. 204, §1 (AMD).] [PL 2023, c. 204, §1 (AMD).]

2. Revocation or modification by the court. A preliminary injunction may be revoked or modified by the court after hearing for good cause shown. The party seeking to revoke or modify the preliminary injunction shall file a motion together with an affidavit that demonstrates the good cause necessary for revocation or modification. A. Notwithstanding any law to the contrary, on 7 days' notice to the other party or on shorter notice as the court may order, either party subject to a preliminary injunction may appear and move the dissolution or modification of the preliminary injunction, and in that event the court shall proceed to hear and determine the motion as expeditiously as justice requires. [PL 2023, c. 204, §1 (AMD).] B. Mediation is not required before a hearing on a motion to revoke or modify a preliminary injunction except as directed by the court. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] C. The court may modify or add to the terms of the preliminary injunction at any time during the pendency of the proceeding. [PL 2023, c. 204, §1 (AMD).] D. A preliminary injunction terminates and ceases to have effect when: (1) The court revokes or modifies it, except that, if the court modifies the preliminary injunction, the modified preliminary injunction takes effect upon the termination of the existing preliminary injunction and remains effective until later terminated as provided in this paragraph; (2) A final divorce judgment or decree of judicial separation is entered; or (3) The action is dismissed. [PL 2023, c. 204, §1 (AMD).] [PL 2023, c. 204, §1 (AMD).]

3. Remedies. The court may enforce a preliminary injunction issued pursuant to this section: A. By finding a person who disobeys or resists the injunction in contempt of court; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] B. By requiring a person who disobeys or resists the injunction to pay the costs and attorney's fees that the other party incurred to enforce the preliminary injunction; or [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] C. By appropriate processes as in other actions. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] The remedies provided in this subsection for enforcement of a preliminary injunction are in addition to any other civil or criminal remedies available, including civil contempt of court. The use of one remedy does not prevent the simultaneous or subsequent use of any other remedy. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

4. No effect on protection orders. Orders issued pursuant to this section do not supersede orders issued pursuant to former chapter 101 or to chapter 103 . [PL 2023, c. 204, §1 (AMD).]

5. Attachment of property; trustee process. Attachment of real or personal property or on trustee process may be used in connection with an action for judicial separation. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
19-A M.R.S. § 611 — ME Code / Title 19-A / Part 2 / Chapter 21 / Section 611
19-A §611. Application and construction
Status: in_force

This Act must be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Act among states enacting it. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
19-A M.R.S. § 1774 — ME Code / Title 19-A / Part 3 / Chapter 58 / Section 1774
19-A §1774. Appeals
Status: in_force

An appeal may be taken from a final order in a proceeding under this subchapter in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under section 1764 , the enforcing court may not stay an order enforcing a child custody determination pending appeal. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
19-A M.R.S. § 102 — ME Code / Title 19-A / Part 1 / Chapter 1 / Section 102
19-A §102. Residency
Status: in_force

The right to file a complaint or bring a petition under this Title may not be denied a person for failure to meet a residency requirement if the person is a member of the Armed Forces of the United States on active duty stationed in this State or the spouse of that member or a parent of a child of that member. The member is deemed to be a resident either of the county in which the military installation, or other place at which the member has been stationed, is located or of the county in which the member has sojourned. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
19-A M.R.S. § 354 — ME Code / Title 19-A / Part 1 / Chapter 5 / Section 354
19-A §354. Duties
Status: in_force

1. Examine, evaluate and recommend. It is the duty of the commission: A. To examine the sections of this Title that pertain to family law and to draft amendments to those sections as the commission considers advisable; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] B. To evaluate the operation of this Title and to recommend amendments based on the evaluation; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] C. To examine current laws pertaining to family law pleadings and to recommend changes based on the examination; and [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] D. To examine any other aspects of Maine's family law, including substantive, procedural and administrative matters, that the commission considers relevant. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

2. Propose changes. The commission may propose to the Legislature, at the start of each session, changes in the family laws and in related provisions as the commission considers appropriate. The commission may also make recommendations to the Chief Justice of the Supreme Judicial Court, the Advisory Committee on Criminal Rules, the Advisory Committee on Civil Rules and to any other organization or committee whose affairs pertain to family law and its practice in Maine. [PL 1997, c. 134, §12 (AMD); PL 1997, c. 134, §13 (AFF).]
19-A M.R.S. § 2104 — ME Code / Title 19-A / Part 3 / Chapter 65 / Section 2104
19-A §2104. State registry of support orders
Status: in_force

1. Record of all support orders. On or before October 1, 1998, the department shall maintain a record of each support order established or modified in the State. The record must include standardized data elements, including the names, social security numbers and dates of birth of the parties. The department shall update and monitor the record relating to each support order in all cases in which support rights are assigned to the department or for which the department otherwise provides support enforcement services. The department and the judicial branch shall work cooperatively to develop efficient procedures for implementing the requirements of this subsection. [PL 1997, c. 537, §29 (NEW); PL 1997, c. 537, §62 (AFF).]

2. Automated data matching. The department shall compare by automated data processing the record of each support order maintained by the department with the records of the Federal Government, other states and other state agencies for the purposes of matching, receiving and disclosing information as required by 42 United States Code, Chapter 7, Subchapter IV, Part D (1996). All state agencies shall work cooperatively with the department to develop automated procedures for providing the department with information the department is permitted access to for purposes of carrying out its responsibilities under the Social Security Act, Chapter 7, Subchapter IV, Part D. [PL 1997, c. 537, §29 (NEW); PL 1997, c. 537, §62 (AFF).] Revisor's Note: §2104. Credit for dependent benefits (As enacted by PL 1997, c. 466, §8 and affected by §28 is REALLOCATED TO TITLE 19-A, SECTION 2107)
19-A M.R.S. § 4110 — ME Code / Title 19-A / Part 4 / Chapter 103 / Section 4110
19-A §4110. Relief
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Final protection order. The court, after a hearing or opportunity for hearing and upon finding that the defendant has committed the abuse or conduct specified in section 4103 , may grant a final protection order to bring about the cessation of the abuse or alleged conduct. The court may enter a finding that the defendant represents a credible threat to the physical safety of the plaintiff or a minor child residing in the household. The court may enter a finding of economic abuse. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]

2. Final protection order by consent. The court may approve a final protection order by consent if all parties agree to the terms, including whether an order under this section includes findings by the court. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]

3. Relief. Relief granted under this section may include: A. Directing the defendant not to threaten, assault, molest, harass, attack or otherwise abuse the plaintiff and any minor children residing in the household; [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] B. Directing the defendant not to possess a firearm, muzzle-loading firearm, bow, crossbow or other dangerous weapon for the duration of the order; [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] C. Prohibiting the defendant from the use, attempted use or threatened use of physical force that would reasonably be expected to cause bodily injury against the plaintiff or a minor child residing in the household; [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] D. Directing the defendant not to go upon the premises of the plaintiff's residence; [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] E. Directing the defendant to refrain from repeatedly and without reasonable cause: (1) Following the plaintiff; (2) Being at or in the vicinity of the plaintiff's home, school, business or place of employment; or (3) Engaging in conduct defined as stalking in Title 17‑A, section 210‑A ; [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] E-1. (TEXT EFFECTIVE 1/01/26) Directing the defendant to refrain from knowingly being within a specified distance of the plaintiff or prohibiting the defendant from being present at a specific location; [PL 2025, c. 22, §1 (NEW); PL 2025, c. 22, §2 (AFF).] F. Directing the defendant not to have any direct or indirect contact with the plaintiff, including via social media; [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] G. When the mutual residence or household of the parties is jointly owned or jointly leased or when one party has a duty to support the other or their minor children living in the residence or household and that party is the sole owner or lessee: (1) Granting or restoring possession of the residence or household to one party, excluding the other; or (2) A consent agreement, allowing the party with the duty to support to provide suitable alternate housing; [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] H. Directing the defendant not to injure or threaten to injure any animal owned, possessed, leased, kept or held by either party or a minor child residing in the household; [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] I. Either awarding some or all temporary parental rights and responsibilities with regard to minor children or awarding temporary rights of contact with regard to minor children, or both, under such conditions that the court finds in the best interest of the child pursuant to section 1653, subsections 3 to 6‑B . The court's award of parental rights and responsibilities or rights of contact is not binding in any separate action involving an award of parental rights and responsibilities pursuant to chapter 55 or in a similar action brought in another jurisdiction exercising child custody jurisdiction in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act; [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] J. With respect to unauthorized dissemination of certain private images as described in Title 17‑A, section 511‑A , entering any orders determined necessary or appropriate in the discretion of the court, including but not limited to: (1) Prohibiting the defendant from disseminating the private images; (2) Ordering the defendant to remove, destroy or return or to direct the removal, destruction or return of the private images; or (3) Ordering the defendant to pay costs associated with removal, destruction or return of the private images; [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] K. Ordering a division of the personal property and household goods and furnishings of the parties and placing any protective orders considered appropriate by the court, including an order to refrain from taking, converting or damaging property in which the plaintiff has a legal interest; [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] L. Ordering the termination of a life insurance policy or rider under that policy owned by the defendant if the plaintiff is the insured life under the policy or rider. Upon issuance, a copy of the order must be sent to the insurer that issued the policy; [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] M. Requiring the defendant to attend a certified domestic violence intervention program, to receive counseling from a social worker, family service agency, mental health center, psychiatrist or to participate in any other guidance service that the court considers appropriate. The court may not order and the State may not pay for the defendant to attend a certified domestic violence intervention program unless the program is certified under section 4116 ; [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] N. Ordering the payment of temporary support for a dependent party when the defendant has a legal obligation to support that dependent party; [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] O. Ordering the payment of temporary support: (1) For a child in the dependent party's custody in accordance with chapter 63 , when the defendant has a legal obligation to support that child; or (2) To the State as provided in chapters 63 , 65 and 67 . In all proceedings under this chapter, the court shall apply the child support guidelines in chapter 63 using the information the plaintiff is able to provide the court. Failure of a party to file an income affidavit may not unnecessarily delay a proceeding and does not preclude the issuance of an order for child support, except that the court shall require the plaintiff to complete and file an income affidavit at a final hearing involving child support even if the defendant does not appear for the hearing; [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] P. Ordering payment of monetary relief to the plaintiff for losses suffered as a result of the defendant's conduct. Monetary relief includes but is not limited to loss of earnings or support, reasonable expenses incurred for personal injuries or property damage, transitional living expenses and reasonable moving expenses. Upon the motion of either party, for sufficient cause, the court may set a later hearing on the issue of the amount of monetary relief, if any, to be awarded. Nothing in this paragraph may be construed to limit the court's discretion to enter any of the other available relief under this chapter. Nothing in this paragraph may be construed to preclude a plaintiff from seeking monetary relief through other actions as permissible by law; [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] Q. Ordering the defendant to pay court costs or reasonable attorney's fees; [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] R. Ordering the plaintiff to pay court costs or reasonable attorney's fees, or both, only if a judgment is entered against the plaintiff after a hearing in which both the plaintiff and the defendant are present and the court finds that the complaint is frivolous; [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] S. Directing the care, custody or control of any animal owned, possessed, leased, kept or held by either party or a minor child residing in the household; [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] T. With regard to conduct described as aggravated sex trafficking or sex trafficking as described in Title 17‑A, section 852 or 853 , respectively, entering any other orders determined necessary or appropriate in the discretion of the court, including, but not limited to, requiring the defendant to pay economic damages related to the return or restoration of the plaintiff's passport or other immigration document and any debts of the plaintiff arising from the trafficking relationship; or [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] U. Entering any other orders determined necessary or appropriate in the discretion of the court. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF); PL 2025, c. 22, §1 (AMD); PL 2025, c. 22, §2 (AFF).]

4. No possession of firearm, muzzle-loading firearm, bow or crossbow or dangerous weapons for duration of final protection order. If the court prohibits the defendant from possessing a dangerous weapon other than a firearm, muzzle-loading firearm, bow or crossbow, the court shall specify the type of weapon the defendant is prohibited from possessing. If the court prohibits the defendant from possessing a firearm, muzzle-loading firearm, bow, crossbow or other dangerous weapon, the court shall direct the defendant to relinquish, within 24 hours after service of the final protection order on the defendant or such earlier time as the court specifies in the final protection order, all firearms, muzzle-loading firearms, bows, crossbows and specified dangerous weapons in the possession of the defendant to a law enforcement officer or other individual for the duration of the final protection order. If the weapons are relinquished to an individual other than a law enforcement officer, the defendant must file, within 24 hours after such relinquishment, with the court or local law enforcement agency designated in the final protection order a written statement that contains the name and address of the individual holding the weapons and a description of all weapons held by that individual. The court may subsequently issue a search warrant authorizing a law enforcement officer to seize any firearms, muzzle-loading firearms, bows, crossbows and other dangerous weapons at any location if there is probable cause to believe such firearms, muzzle-loading firearms, bows, crossbows or dangerous weapons have not been relinquished by the defendant. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]

5. Final protection order. This subsection applies to a final protection order issued under this chapter. A. A final protection order issued under this chapter must be for a fixed period not to exceed 2 years, unless extended or reinstated by the court pursuant to section 4111 . [PL 2025, c. 157, §1 (AMD).] B. An order issued under this chapter must indicate, in a clear and conspicuous manner, the potential consequences of violation of the order, as provided in section 4113 and Title 15, section 393, subsection 1, paragraph D , if applicable. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] C. If the court enjoins the defendant under this section and the enjoined conduct constitutes harassment under Title 17‑A, section 506‑A , the court shall include in the order a warning in conformity with Title 17‑A, section 506‑A . [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] [PL 2025, c. 157, §1 (AMD).]

6. Limitations. In issuing an order under this chapter, the court may not: A. Affect title to any real property; [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] B. Require the execution of a bond by the plaintiff prior to issuance of an order of protection; or [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] C. Issue a mutual order of protection or restraint. As used in this chapter, "mutual order of protection or restraint" means an order that is granted to the defendant under this chapter or the inclusion of language in an order granted to a plaintiff in an action under this chapter that restricts or limits the plaintiff's conduct with regard to the defendant absent the filing of a separate complaint by the defendant, service of the summons and complaint on the plaintiff and a finding by the court that the plaintiff committed the abuse alleged in the complaint. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
19-A M.R.S. § 1935 — ME Code / Title 19-A / Part 3 / Chapter 61 / Section 1935
19-A §1935. Exclusive, continuing jurisdiction
Status: in_force

Subject to the jurisdictional standards of section 1745 , the court conducting a proceeding under this subchapter has exclusive, continuing jurisdiction of all matters arising out of the gestational carrier agreement until a child born to the gestational carrier during the period governed by the agreement attains the age of 180 days. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
19-A M.R.S. § 2360-B — ME Code / Title 19-A / Part 3 / Chapter 65 / Section 2360-B
19-A §2360-B. Cooperative agreements between department and Penobscot Nation
Status: in_force

In accordance with 45 Code of Federal Regulations, Sections 302.34 and 303.107, the department shall enter into one or more cooperative arrangements with the Penobscot Nation governing the expedient and efficient administration and availability of the child support enforcement remedies in section 2360 and 2360‑A , and any other child support enforcement remedy available in this Title. [PL 2021, c. 300, §2 (NEW).]
19-A M.R.S. § 4105 — ME Code / Title 19-A / Part 4 / Chapter 103 / Section 4105
19-A §4105. Other proceedings
Status: in_force

1. Uniform Child Custody Jurisdiction and Enforcement Act. The Uniform Child Custody Jurisdiction and Enforcement Act applies to a proceeding under this chapter regardless of whether it is joined with another proceeding under subsection 2 . [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]

2. Divorce, dissolution of marriage, legal separation or separate maintenance. All proceedings may be independent of, or joined with, a proceeding for divorce, dissolution of marriage, legal separation or separate maintenance. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]

3. Other remedies and relief. A proceeding under this chapter is in addition to any other available civil or criminal remedies. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]

4. No criminal proceeding required. Relief may be sought under this chapter regardless of whether a criminal prosecution has occurred. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
19-A M.R.S. § 1783 — ME Code / Title 19-A / Part 3 / Chapter 58 / Section 1783
19-A §1783. Transitional provision
Status: in_force

A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination that was commenced before January 1, 2000 is governed by the law in effect at the time the motion or other request was made. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
19-A M.R.S. § 1833 — ME Code / Title 19-A / Part 3 / Chapter 61 / Section 1833
19-A §1833. Scope and application
Status: in_force

1. Scope. This chapter applies to determination of parentage in this State. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

2. Choice of law. The court shall apply the law of this State to adjudicate parentage. The applicable law does not depend on: A. The place of birth of the child; or [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).] B. The past or present residence of the child. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).] [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

3. Effect on parental rights. This chapter does not create, enlarge or diminish parental rights or duties under other laws of this State or the equitable powers of the courts, except as provided in this chapter. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
19-A M.R.S. § 3319 — ME Code / Title 19-A / Part 3 / Chapter 67 / Section 3319
19-A §3319. Partial enforcement
Status: in_force

If a tribunal of this State does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order. [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
19-A M.R.S. § 1914 — ME Code / Title 19-A / Part 3 / Chapter 61 / Section 1914
19-A §1914. Consequences of declining genetic testing
Status: in_force

1. Adjudication contrary to position. If an individual whose paternity is being determined under this chapter declines to submit to genetic testing ordered by the court, the court for that reason may adjudicate parentage contrary to the position of that individual. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

2. Testing of woman giving birth; unavailable or declines. Genetic testing of the woman who gave birth to a child is not a condition precedent to testing the child and a man whose paternity is being determined under this chapter. If the woman who gave birth is unavailable or declines to submit to genetic testing, the court may order the testing of the child and every person whose genetic parentage is being adjudicated. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
19-A M.R.S. § 951-A — ME Code / Title 19-A / Part 2 / Chapter 29 / Section 951-A
19-A §951-A. Spousal support
Status: in_force

1. Statement by court. An order granting, denying or modifying spousal support must state: A. The type or types of support, if support is awarded; [PL 1999, c. 634, §3 (NEW).] B. The method or methods of payment, and the term and limitations imposed, if support is awarded; [PL 1999, c. 634, §3 (NEW).] C. If the support awarded is not, in whole or in part, subject to future modification; and [PL 1999, c. 634, §3 (NEW).] D. The factors relied upon by the court in arriving at its decision to award or deny spousal support, if the proceeding was contested. [PL 1999, c. 634, §3 (NEW).] [PL 1999, c. 634, §3 (NEW).]

2. Types of spousal support. The court may, after consideration of all factors set forth in subsection 5 , award or modify spousal support for one or more of the following reasons. A. General support may be awarded to provide financial assistance to a spouse with substantially less income potential than the other spouse so that both spouses can maintain a reasonable standard of living after the divorce. (1) There is a rebuttable presumption that general support may not be awarded if the parties were married for less than 10 years as of the date of the filing of the action for divorce. There is also a rebuttable presumption that general support may not be awarded for a term exceeding 1/2 the length of the marriage if the parties were married for at least 10 years but not more than 20 years as of the date of the filing of the action for divorce. (2) If the court finds that a spousal support award based upon a presumption established by this paragraph would be inequitable or unjust, that finding is sufficient to rebut the applicable presumption. [PL 1999, c. 634, §3 (NEW).] B. Transitional support may be awarded to provide for a spouse's transitional needs, including, but not limited to: (1) Short-term needs resulting from financial dislocations associated with the dissolution of the marriage; or (2) Reentry or advancement in the work force, including, but not limited to, physical or emotional rehabilitation services, vocational training and education. [PL 1999, c. 634, §3 (NEW).] C. Reimbursement support may be awarded to achieve an equitable result in the overall dissolution of the parties' financial relationship in response to exceptional circumstances. Exceptional circumstances include, but are not limited to: (1) Economic misconduct by a spouse; (2) Substantial contributions a spouse made towards the educational or occupational advancement of the other spouse during the marriage; and (3) Economic abuse by a spouse. For the purposes of this subparagraph, "economic abuse" has the same meaning as in section 4102, subsection 5 . Reimbursement support may be awarded only if the court determines that the parties' financial circumstances do not permit the court to fully address equitable considerations through its distributive order pursuant to section 953 . [PL 2023, c. 646, Pt. C, §1 (AMD).] D. Nominal support may be awarded to preserve the court's authority to grant spousal support in the future. [PL 1999, c. 634, §3 (NEW).] E. Interim support may be awarded to provide for a spouse's separate support during the pendency of an action for divorce or judicial separation. [PL 1999, c. 634, §3 (NEW).] [PL 2023, c. 646, Pt. C, §1 (AMD).]

3. Methods of payment; term and limitations. The order must state the method or methods of payment that the court determines just, including, but not limited to, lump-sum and installment payments. The order must also state the term of and any limitations on the award that the court determines just, including, but not limited to: A. A limit on any increases or decreases in the amount of support; [PL 1999, c. 634, §3 (NEW).] B. A limit on any increases or decreases in the term of support; [PL 1999, c. 634, §3 (NEW).] C. A limit on the method or methods of payment of support; [PL 1999, c. 634, §3 (NEW).] D. A limit on the payment of support related to the remarriage of the payee; and [PL 1999, c. 634, §3 (NEW).] E. A limit on the payment of support related to cohabitation by the payee. [PL 1999, c. 634, §3 (NEW).] [PL 1999, c. 634, §3 (NEW).]

4. Modification. An award of spousal support issued before October 1, 2013 is subject to modification when it appears that justice requires unless and to the extent the order awarding or modifying spousal support expressly states that the award, in whole or in part, is not subject to future modification. An award of spousal support issued on or after October 1, 2013 is subject to modification when there is a substantial change in financial circumstances and it appears that justice requires. [PL 2019, c. 272, §1 (AMD).]

5. Factors. The court shall consider the following factors when determining an award of spousal support: A. The length of the marriage; [PL 1999, c. 634, §3 (NEW).] B. The ability of each party to pay; [PL 1999, c. 634, §3 (NEW).] C. The age of each party; [PL 1999, c. 634, §3 (NEW).] D. The employment history and employment potential of each party; [PL 1999, c. 634, §3 (NEW).] E. The income history and income potential of each party; [PL 1999, c. 634, §3 (NEW).] F. The education and training of each party; [PL 1999, c. 634, §3 (NEW).] G. The provisions for retirement and health insurance benefits of each party; [PL 1999, c. 634, §3 (NEW).] H. The tax consequences of the division of marital property, including the tax consequences of the sale of the marital home, if applicable; [PL 1999, c. 634, §3 (NEW).] I. The health and disabilities of each party; [PL 1999, c. 634, §3 (NEW).] J. The tax consequences of a spousal support award; [PL 1999, c. 634, §3 (NEW).] K. The contributions of either party as homemaker; [PL 1999, c. 634, §3 (NEW).] L. The contributions of either party to the education or earning potential of the other party; [PL 1999, c. 634, §3 (NEW).] M. Economic misconduct by either party resulting in the diminution of marital property or income; [PL 1999, c. 634, §3 (NEW).] M-1. Economic abuse by a spouse. For the purposes of this paragraph, "economic abuse" has the same meaning as in section 4102, subsection 5 ; [PL 2023, c. 646, Pt. C, §2 (AMD).] N. The standard of living of the parties during the marriage; [PL 1999, c. 634, §3 (NEW).] O. The ability of the party seeking support to become self-supporting within a reasonable period of time; [PL 1999, c. 634, §3 (NEW).] P. The effect of the following on a party's need for spousal support or a party's ability to pay spousal support: (1) Actual or potential income from marital or nonmarital property awarded or set apart to each party as part of the court's distributive order pursuant to section 953 ; and (2) Child support for the support of a minor child or children of the marriage pursuant to chapter 63 ; and [PL 1999, c. 634, §3 (NEW).] Q. Any other factors the court considers appropriate. [PL 1999, c. 634, §3 (NEW).] [PL 2023, c. 646, Pt. C, §2 (AMD).]

6. Enforcement. The court may use all necessary legal provisions to enforce its decrees. [PL 1999, c. 634, §3 (NEW).]

7. Real estate and other property; life insurance and other security. The court may order part of the obligated party's real estate or other property, as well as the rents, profits or income from real estate or other property, to be assigned and set out to the other party for life or for such other period determined to be just. The court may also order the obligated party to maintain life insurance or to otherwise provide security for the payment of spousal support in the event the obligation may survive the obligated party's death. [PL 1999, c. 634, §3 (NEW).]

8. Cessation upon death of payee or payor. An order awarding, denying or modifying spousal support may provide that the award survives the death of the payee or payor, or both. Unless otherwise stated in the order awarding spousal support, the obligation to make any payment pursuant to this section ceases upon the death of either the payee or the payor with respect to any payment not yet due and owing as of the date of death. [PL 1999, c. 634, §3 (NEW).]

9. Effect of no award or termination of spousal support. A final judgment that does not award spousal support forever precludes such an award in that action. The complete termination of a spousal support award pursuant to the terms of the award or a final post-judgment order forever precludes the reinstatement of spousal support in that action. [PL 1999, c. 634, §3 (NEW).]

10. Application. This section applies to: A. Orders granting or denying spousal support entered on or after September 1, 2000; and [PL 1999, c. 634, §3 (NEW).] B. The modification, termination and enforcement of orders granting spousal support entered on or after September 1, 2000. [PL 1999, c. 634, §3 (NEW).] [PL 1999, c. 634, §3 (NEW).]

11. Support while pending. The trial court may make, modify or enforce an award of spousal support under this section while an action is pending, including while on appeal. [PL 2005, c. 594, §4 (NEW).]

12. Cessation upon cohabitation. [PL 2019, c. 272, §2 (RP).]
19-A M.R.S. § 2357 — ME Code / Title 19-A / Part 3 / Chapter 65 / Section 2357
19-A §2357. Liens
Status: in_force

1. Judgment. Twenty-one days after receipt by a responsible parent of a notice of debt under section 2352 or 30 days after the date of mailing to the responsible parent of a decision of the department that requires the responsible parent to pay child support, the amount stated in the notice of debt or in the decision is a judgment in favor of the department, the obligee, or both. The judgment is a lien against all property of the responsible parent. The lien is separate from and in addition to a lien filed under this section. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

2. Filing. For real property, a lien is perfected when a notice of support lien is filed in the registry of deeds of the county or counties in which the real property is located. For personal property, including motor vehicles or other items for which a certificate of ownership is issued by the Secretary of State, the lien is perfected when a notice of support lien is delivered to the Secretary of State. The Secretary of State shall mark, hold and index the notice of support lien as if it were a financing statement within the meaning of Title 11, section 9‑1102, subsection (39) . The notice of support lien must state the name and address of the responsible parent, the amount of the child support debt accrued, the date of the decision or notice of debt by which the debt was assessed and the name and address of the authorized agent of the department who issued the notice. [PL 1999, c. 699, Pt. D, §17 (AMD); PL 1999, c. 699, Pt. D, §30 (AFF).]

3. Effect. A person who knows of a support lien may not pay over, release, sell, transfer, encumber or convey property that may be subject to the lien, unless: A. The commissioner waives or releases the lien in writing; or [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] B. A court of competent jurisdiction orders a release. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

4. Order to seize and sell. A lien under this section may be enforced or collected through an order to seize and sell under section 2203 . [PL 1997, c. 669, §8 (AMD).]

5. Notice and hearing prior to disposition. When the department is provided with reliable information that another person, in addition to the responsible parent, has an ownership interest in the property of the responsible parent subject to a support lien, the department shall provide written notice to the other person before the foreclosure or other disposition of the property explaining that: A. The department has a support lien against the property; and [PL 1997, c. 407, §1 (NEW); PL 1997, c. 407, §5 (AFF).] B. The person may request a hearing to establish the value of that person's interest in the property before the foreclosure or other disposition of the property. [PL 1997, c. 407, §1 (NEW); PL 1997, c. 407, §2 (AFF).] [PL 1997, c. 407, §1 (NEW); PL 1997, c. 407, §5 (AFF).]
19-A M.R.S. § 105 — ME Code / Title 19-A / Part 1 / Chapter 1 / Section 105
19-A §105. Award and payment of attorney's fees and other fees
Status: in_force

1. Attorney's fees and costs. In an action under this Title, including actions to modify or enforce existing orders, the court may, after an opportunity for hearing, order a party, including a party in interest, to pay another party or another party's attorney reasonable attorney's fees, including costs, for participation in the proceedings. [PL 2005, c. 323, §1 (NEW).]

2. While pending; part of final decision. In appropriate cases, the court may order fees and costs paid while an action is pending, including while on appeal, or may make an order as part of a final decision in a case. [PL 2005, c. 323, §1 (NEW).]

3. Fees and expenses of 3rd-party participants. The court may order a party to pay reasonable fees and expenses of 3rd-party participants in the proceedings, including guardians ad litem, expert witnesses and providers of services, whether retained by a party or the court. [PL 2005, c. 323, §1 (NEW).]

4. Interest; means of collection. Awards under this section are subject to the accumulation of statutory interest and may be collected by any means available under law, including, but not limited to, remedies available under Title 14 and Title 36, section 185-A . Additional fees may be assessed in appropriate cases when additional fees are incurred for prosecuting collection actions. [PL 2019, c. 659, Pt. D, §2 (AMD).]
19-A M.R.S. § 4114 — ME Code / Title 19-A / Part 4 / Chapter 103 / Section 4114
19-A §4114. Law enforcement agency responsibilities
Status: in_force

1. Reports. A law enforcement agency shall report all incidents of abuse by adults of family or household members as required by the State Bureau of Identification under Title 25, section 1544 . [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]

2. Agency procedures. A law enforcement agency shall establish procedures to ensure that dispatchers and officers at the scene of an alleged incident of abuse or violation of an order are informed of any recorded prior incident of abuse involving the abused party and can verify the effective dates and terms of a recorded order. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]

3. Officer training. A law enforcement agency shall provide officers employed by the agency an education and training program designed to inform the officers of the problems of family and household abuse, procedures to deal with these problems, the provisions of this chapter and the services and facilities available to abused family and household members. The amount and degree of officer training, beyond the distribution of information, must be determined by each local law enforcement agency. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]

4. Maine Criminal Code enforcement. A law enforcement officer at the scene of an alleged incident of abuse shall use the same standard of enforcing relevant Maine Criminal Code sections when the incident involves family or household members as when it involves strangers. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]

5. Arrest in certain situations. A law enforcement officer shall arrest and take into custody the alleged offender when the law enforcement officer has probable cause to believe that: A. There has been a criminal violation under section 4113 of an order issued under this chapter or an order issued under former chapter 101; [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] B. There has been a violation of an order issued under Title 15, chapter 12‑A ; or [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] C. There has been a violation of Title 17‑A, section 208‑D , 208‑E or 208‑F . [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]

6. Officer responsibilities. When a law enforcement officer has reason to believe that a family or household member has been abused, the officer shall immediately use all reasonable means to prevent further abuse, including: A. Remaining on the scene as long as the officer reasonably believes there is a danger to the physical safety of that person without the presence of a law enforcement officer, including, but not limited to, staying in the dwelling unit; [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] B. Assisting that person in obtaining medical treatment necessitated by an assault, including driving the victim to the emergency room of the nearest hospital; [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] C. Giving that person immediate and adequate written notice of that person's rights, which include information summarizing the procedures and relief available to victims of the family or household abuse; [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] D. Arresting the abusing party with or without a warrant pursuant to section 4113 and Title 17‑A, section 15 ; and [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] E. Making a good faith effort to administer a validated, evidence-based domestic violence risk assessment recommended by the Maine Commission on Domestic and Sexual Abuse, established in Title 5, section 12004‑I, subsection 74‑C , and approved by the Department of Public Safety. The law enforcement officer administering this assessment shall provide the results of the assessment to the bail commissioner, if appropriate, and the district attorney for the county in which the abuse took place. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]

7. Law enforcement agency policy. Every law enforcement agency with the duty to investigate, prosecute and arrest offenders of this chapter and Title 17‑A shall adopt a written policy on the enforcement of this chapter and the handling of domestic abuse cases in general. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]

8. Prosecutorial policy. The Attorney General, in consultation with a statewide association of prosecutors, shall develop a written policy regarding prosecution of domestic abuse cases under the provisions of Title 17‑A . The district attorney for each of the several counties within the State shall adopt a written policy regarding prosecution of domestic abuse cases. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]

9. Notification of attempted purchase of firearm. When the Department of Public Safety receives notification from a federal agency that a criminal background check conducted under the system established pursuant to 18 United States Code, Section 922(t) indicates that a potential buyer or transferee is prohibited from receipt or possession of a firearm pursuant to a temporary or final protection from abuse order, the department shall make every reasonable effort to notify as quickly as practicable both the individual intended to be protected by the protection from abuse order and another law enforcement agency with jurisdiction in the municipality in which that individual resides of the information received from the federal agency. For the purposes of this subsection, notification may be made by the Department of Public Safety to the individual intended to be protected by the protection from abuse order through a law enforcement agency within the county in which the individual resides. When the department makes notification through such a law enforcement agency, that agency then must make reasonable effort to notify as quickly as practicable the individual intended to be protected by the protection from abuse order. If, when notifying a law enforcement agency, the department is informed by that agency that it cannot notify the individual intended to be protected by the protection from abuse order, the department must continue to make a reasonable effort to notify that individual as quickly as practicable, including through a different law enforcement agency within the county in which the individual resides. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]

10. Liability for damages. The State, a political subdivision of the State or a law enforcement officer is not liable for damage that may be caused by the failure or inability to inform an individual who is the subject of a protection from abuse order in accordance with subsection 9 . This subsection does not prohibit the State or a political subdivision of the State from pursuing legally authorized disciplinary action. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]

11. Service of protection from abuse order. Every law enforcement agency shall adopt a written policy on the service of protection from abuse orders that directs that every order issued under this chapter is served on the subject of the order as quickly as possible, including that service of every temporary, emergency or interim order issued under this chapter must be attempted within 48 hours after receiving notice of that order from the court. Service of a protection from abuse order that is not in compliance with a policy adopted under this subsection does not affect the validity of the service or the order. [PL 2023, c. 75, §1 (AMD).]
19-A M.R.S. § 3009 — ME Code / Title 19-A / Part 3 / Chapter 67 / Section 3009
19-A §3009. Private attorney
Status: in_force

An individual may employ a private attorney to represent the individual in proceedings authorized by this chapter. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
19-A M.R.S. § 3101 — ME Code / Title 19-A / Part 3 / Chapter 67 / Section 3101
19-A §3101. Employer's receipt of out-of-state income-withholding order
Status: in_force

An income-withholding order issued in another state may be sent by or on behalf of the obligee or by the support enforcement agency to the obligor's employer, described as a payor of income under chapter 65, subchapter 4 , without first filing a petition or comparable pleading or registering the order with a tribunal of this State. [PL 2003, c. 436, §29 (AMD).]

1. Income-withholding order. [PL 1997, c. 669, §20 (RP).]

2. Right to hearing. [PL 1997, c. 669, §20 (RP).]
19-A M.R.S. § 1510 — ME Code / Title 19-A / Part 3 / Chapter 51 / Section 1510
19-A §1510. Statewide jurisdiction
Status: in_force

In child support and paternity cases, the jurisdiction of the District Court and the department extends to all parts of the State. Once an action has been commenced, a case may be transferred between local jurisdictions in the State without need for an additional filing by the petitioner or service of process on the respondent to retain jurisdiction over the parties. [PL 1999, c. 731, Pt. ZZZ, §31 (AMD); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]
19-A M.R.S. § 1854 — ME Code / Title 19-A / Part 3 / Chapter 61 / Section 1854
19-A §1854. Determination of maternity
Status: in_force

Provisions of this chapter relating to determination of paternity may apply to determination of maternity as needed to determine parentage consistent with this chapter. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
19-A M.R.S. § 1565 — ME Code / Title 19-A / Part 3 / Chapter 53 / Section 1565
19-A §1565. Judgment
Status: in_force

1. Support. Judgments under this subchapter may be for periodic payments that may vary in amount. The court may order payments to be made to the person to whom the support is owed or to the person, corporation or agency designated to administer payments under the supervision of the court. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

2. Parental rights and responsibilities. [PL 2015, c. 296, Pt. B, §12 (RP); PL 2015, c. 296, Pt. D, §1 (AFF).]

3. Temporary support order. [PL 2015, c. 296, Pt. B, §12 (RP); PL 2015, c. 296, Pt. D, §1 (AFF).]

4. Disclosure and recording of social security numbers. [PL 2015, c. 296, Pt. B, §12 (RP); PL 2015, c. 296, Pt. D, §1 (AFF).]
19-A M.R.S. § 2352 — ME Code / Title 19-A / Part 3 / Chapter 65 / Section 2352
19-A §2352. Notice of support debt when court order exists
Status: in_force

When the department is subrogated to a support order or a spousal support order under section 2351 , the commissioner may issue to the responsible parent a notice of debt accrued or accruing under section 2301 . [PL 1997, c. 466, §20 (AMD); PL 1997, c. 466, §28 (AFF).]

1. Notice of debt. In addition to conforming with the requirements of Title 5, section 9052, subsection 4 , notice of debt must include: A. A statement of the debt accrued or accruing under section 2301 ; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] B. A statement of the terms of the support order, including the names of each dependent child; [PL 1997, c. 466, §21 (AMD); PL 1997, c. 466, §28 (AFF).] C. A statement that any property of the debtor is subject to lien and foreclosure, administrative seizure and disposition, order to withhold and deliver or other collection actions and that any debt determined to be owed by the responsible parent may be reported to a consumer reporting agency; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] D. A demand for payment of the support debt within 20 days of receipt of the notice of debt; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] E. A statement that the net proceeds of any collection action will be applied to the satisfaction of the support debt; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] F. A statement that the responsible parent has the right to request a hearing under section 2451 , or, in the alternative, to seek relief in a court of proper jurisdiction; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] G. A statement that at the administrative hearing only the following issues may be considered: (1) The receipt of public assistance by the responsible parent; (2) Uncredited cash payments; (3) The amount of the debt accrued and accruing; (4) The accuracy of the terms of the support order as stated in the notice of debt; and (5) The maintenance of any required medical or dental insurance coverage; and [PL 1997, c. 466, §21 (AMD); PL 1997, c. 466, §28 (AFF).] H. A statement that the department will stay collection action upon receipt of a request for review under section 2451 or on service of pleadings filed in a court of proper jurisdiction. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] [PL 1997, c. 466, §21 (AMD); PL 1997, c. 466, Pt. 28 (AFF).]

2. Commencement of action. Actions to collect any debt accrued or accruing under section 2301 may commence after 20 days after the date of receipt of the notice of debt described in this section. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

3. Demand for immediate payment. If the commissioner finds that the collection of any support debt accrued or accruing under section 2301 is in jeopardy, the commissioner may make demand under subsection 1 for immediate payment of the support debt, and upon failure or refusal immediately to pay, the commissioner may file and serve liens pursuant to section 2357 . An action under sections 2358 , 2363 and 2364 may not be taken until the notice requirements of subsection 1 are met. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

4. Stay of collection action. If the responsible parent requests review of a notice of debt accrued or accruing under section 2451 , or seeks relief in a court of proper jurisdiction, and if the department receives the request or service of pleadings within 21 days after service of the notice of debt, the department shall stay the collection action. The department shall accept ordinary mail service of copies of all pleadings, which must be addressed to the department representative whose name appears on the face of the notice of debt. Service upon the department is in addition to any other service required under the Maine Rules of Civil Procedure. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
19-A M.R.S. § 904 — ME Code / Title 19-A / Part 2 / Chapter 29 / Section 904
19-A §904. Orders pending divorce
Status: in_force

In accordance with section 251, subsection 2 , pending a divorce action, the court may: [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

1. Attorney's fees. [PL 2005, c. 323, §5 (RP).]

2. Support. Make reasonable provision for either spouse's separate support; [PL 2005, c. 323, §6 (AMD).]

3. Minor children. Enter an order for the parental rights and responsibilities with respect to the minor children of the parties in accordance with chapter 55 ; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

4. Enforcement. Enforce obedience by appropriate processes; [PL 2005, c. 323, §6 (AMD).]

5. Determine possession. Determine the possession of owned or rented real and personal property pending the final divorce decree; or [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

6. Free from restraint. On motion of either spouse, prohibit a spouse from imposing restraint on the moving spouse's personal liberty. This subsection does not preclude the court from incarcerating either spouse for nonpayment of child support, spousal support or attorney's fees in violation of a court order to do so. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
19-A M.R.S. § 1832 — ME Code / Title 19-A / Part 3 / Chapter 61 / Section 1832
19-A §1832. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

1. Acknowledged parent. "Acknowledged parent" means a person who has established parentage under subchapter 3 . [PL 2021, c. 610, §1 (AMD).]

2. Adjudicated parent. "Adjudicated parent" means a person who has been adjudicated by a court of competent jurisdiction to be the parent of a child. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

3. Assisted reproduction. "Assisted reproduction" means a method of causing pregnancy other than sexual intercourse and includes but is not limited to: A. Intrauterine or vaginal insemination; [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).] B. Donation of gametes; [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).] C. Donation of embryos; [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).] D. In vitro fertilization and transfer of embryos; and [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).] E. Intracytoplasmic sperm injection. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).] [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

4. Child. "Child" means an individual of any age whose parentage may be determined under this chapter. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

5. Donor. "Donor" means a person who contributes a gamete or gametes or an embryo or embryos to another person for assisted reproduction or gestation, whether or not for consideration. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

6. Embryo. "Embryo" means a cell or group of cells containing a diploid complement of chromosomes or a group of such cells, not including a gamete, that has the potential to develop into a live born human being if transferred into the body of a woman under conditions in which gestation may be reasonably expected to occur. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

7. Gamete. "Gamete" means a cell containing a haploid complement of deoxyribonucleic acid that has the potential to form an embryo when combined with another gamete. "Gamete" includes: A. Sperm; [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).] B. Eggs; and [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).] C. Deoxyribonucleic acid from one human being combined with the cytoplasm, including without limitation cytoplasmic deoxyribonucleic acid, of another human being. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).] [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

8. Genetic population group. "Genetic population group" means, for purposes of genetic testing, a recognized group that an individual identifies as all or part of the individual's ancestry or that is so identified by other information. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

9. Genetic testing. "Genetic testing" means an analysis of genetic markers to exclude or identify a man as the genetic father or a woman as the genetic mother of a child. "Genetic testing" includes an analysis of one or a combination of the following: A. Deoxyribonucleic acid; [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).] B. Blood group antigens, red cell antigens, human leukocyte antigens, serum enzymes, serum proteins or red cell enzymes; or [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).] C. Genetic markers other than those in paragraphs A and B . [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).] [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

10. Gestational carrier. "Gestational carrier" means an adult woman who is not an intended parent and who enters into a gestational carrier agreement to bear a child conceived using the gametes of other persons and not her own, except that a woman who carries a child for a family member using her own gametes and who fulfills the requirements of subchapter 8 is a gestational carrier. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

11. Gestational carrier agreement. "Gestational carrier agreement" means a contract between an intended parent or parents and a gestational carrier intended to result in a live birth. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

12. Intended parent. "Intended parent" means a person, married or unmarried, who manifests the intent to be legally bound as the parent of a child resulting from assisted reproduction or a gestational carrier agreement. In the case of a married couple, any reference to an intended parent includes both spouses for all purposes of this chapter. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

13. Parent. "Parent" means an individual who has established parentage that meets the requirements of this chapter. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

14. Parentage. "Parentage" means the legal relationship between a child and a parent as established in this chapter. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

15. Paternity or maternity index. "Paternity or maternity index" means, with respect to a person who has undergone genetic testing, the likelihood of genetic paternity or maternity calculated by computing the ratio between: A. The likelihood that the tested person is the genetic father or genetic mother based on the genetic markers of the tested person, birth mother and child and conditioned on the hypothesis that the tested person is the father or mother of the child; and [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).] B. The likelihood that the tested person is not the genetic father or genetic mother based on the genetic markers of the tested person, birth mother and child and conditioned on the hypothesis that the tested person is not the genetic father or genetic mother of the child. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).] [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

16. Presumed parent. "Presumed parent" means a person who pursuant to section 1881 is recognized as the parent of a child. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

17. Probability of paternity; probability of maternity. "Probability of paternity" and "probability of maternity" mean the measure, for the genetic population group to which the alleged genetic father or genetic mother belongs, of the probability that the person in question is the genetic father or genetic mother of the child compared with a random, unrelated person of the same genetic population group and expressed as a percentage incorporating the paternity or maternity index and a prior probability. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

18. Record. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

19. Sign. "Sign" means, with the intent to authenticate or adopt a record, to: A. Execute or adopt a tangible symbol; or [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).] B. Attach to or logically associate with the record an electronic symbol, sound or process. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).] [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

20. Signatory. "Signatory" means an individual who signs a record and is bound by its terms. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
19-A M.R.S. § 1504 — ME Code / Title 19-A / Part 3 / Chapter 51 / Section 1504
19-A §1504. Person's duty of support
Status: in_force

A person shall support that person's child and that person's spouse when in need. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
19-A M.R.S. § 1602 — ME Code / Title 19-A / Part 3 / Chapter 53 / Section 1602
19-A §1602. Additional persons subject to jurisdiction
Status: in_force

1. Application. To ensure maximum protection to citizens of this State, the department shall apply this section to assert jurisdiction over nonresident alleged fathers to the fullest extent permitted by the due process clause of the United States Constitution, Amendment XIV. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

2. Cause of action. A person who engages in sexual intercourse with a resident of this State in this State submits to the jurisdiction of the department for the purpose of the commencement of a paternity proceeding. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
19-A M.R.S. § 2158 — ME Code / Title 19-A / Part 3 / Chapter 65 / Section 2158
19-A §2158. Access to wireless service provider's records of individuals who owe child support
Status: in_force

1. Definitions. For the purposes of this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Account holder" means an individual who has executed an agreement with a wireless service provider for cellular telephone service. [PL 2005, c. 566, §1 (NEW).] B. "Match" means an automated comparison by name, date of birth and social security number of a list of obligors provided to a wireless service provider by the department with a list of account holders of the wireless service provider for the purpose of providing the department with a list of addresses of account holders delinquent in support allowing the department to locate and enforce support obligations. [PL 2005, c. 566, §1 (NEW).] C. "Obligor" means a person who owes a child support obligation. [PL 2005, c. 566, §1 (NEW).] D. "Wireless service provider" means an entity that provides cellular telephone service. [PL 2005, c. 566, §1 (NEW).] [PL 2005, c. 566, §1 (NEW).]

2. Match. Upon request from the department to a wireless service provider conducting business in this State, the wireless service provider shall perform a match using the list of obligors' names provided by the department. The department may not request a wireless service provider to perform a match under this section more often than once every calendar quarter. [PL 2005, c. 566, §1 (NEW).]

3. Compilation of match list. After completing a match under subsection 2 , a wireless service provider shall compile for the department a list of those account holders whose names match names on the list of obligors provided by the department. The list must contain the following information, if available to the wireless service provider through its matching procedure, for each account holder identified: A. The account holder's full name; [PL 2005, c. 566, §1 (NEW).] B. The account holder's date of birth; [PL 2005, c. 566, §1 (NEW).] C. The account holder's social security number; [PL 2005, c. 566, §1 (NEW).] D. The account holder's address; and [PL 2005, c. 566, §1 (NEW).] E. The account holder's employer. [PL 2005, c. 566, §1 (NEW).] [PL 2005, c. 566, §1 (NEW).]

4. Notice to department. A wireless service provider that has compiled a match list under subsection 3 shall send the list to the department at the address designated by the department. [PL 2005, c. 566, §1 (NEW).]

5. Reasonable fee. To cover the costs of carrying out the requirements of this section, a wireless service provider may assess a reasonable fee to the department not to exceed the actual costs incurred by the wireless service provider. [PL 2005, c. 566, §1 (NEW).]

6. Confidentiality. A list of obligors provided by the department to a wireless service provider under subsection 2 is confidential. The information may be used only for the purpose of carrying out the requirements of this section. Knowing or intentional use of the information, without authorization from the department, is a civil violation for which a fine not to exceed $1,000 may be adjudged. [PL 2005, c. 566, §1 (NEW).]

7. Immunity from liability; hold harmless. A wireless service provider is immune from any liability for its good faith actions to comply with this section. The department shall defend and hold harmless, including compensation for attorney's fees, a wireless service provider that acts in good faith to carry out the requirements of this section. [PL 2005, c. 566, §1 (NEW).]

8. Rulemaking. The department shall adopt rules to carry out this section. Rules adopted under this subsection are routine technical rules as provided in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 566, §1 (NEW).]
19-A M.R.S. § 2672 — ME Code / Title 19-A / Part 3 / Chapter 65 / Section 2672
19-A §2672. Automated issuance of income withholding orders
Status: in_force

The department may issue an income withholding order electronically if the payor of income has the ability to receive the order in that manner. [PL 1997, c. 537, §52 (NEW); PL 1997, c. 537, §62 (AFF).]
19-A M.R.S. § 2008 — ME Code / Title 19-A / Part 3 / Chapter 63 / Section 2008
19-A §2008. Stipulation
Status: in_force

A stipulation of the parties establishing child support must be reviewed by the court or hearing officer to determine if the amount stipulated is in substantial compliance with the presumptive application of the guidelines and, if a deviation is proposed, whether it is justified and appropriate under section 2007 . The court or hearing officer shall review a proposed order that gives the stipulation effect to determine its compliance with this section. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
19-A M.R.S. § 2659 — ME Code / Title 19-A / Part 3 / Chapter 65 / Section 2659
19-A §2659. Duration of withholding
Status: in_force

1. Ended or released. Immediate income withholding under a support order is binding upon an obligor's payor of income until: A. The court orders withholding ended; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] B. If the withholding was implemented by the obligee as a private withholding action, the obligee releases the payor from the terms of the order in writing; or [PL 2011, c. 528, §6 (AMD).] C. The department releases the payor from the terms of the support order in writing. The department shall issue a release to end immediate income withholding if the department is unable to forward funds to the obligee for 3 months, in which case the department shall return the funds to the obligor. [PL 2011, c. 528, §6 (AMD).] [PL 2011, c. 528, §6 (AMD).]

2. Support paid; refund. The department, or obligee if the obligee implemented the withholding as a private action, shall issue promptly a release of the withholding provisions of the support order in all cases in which there is no longer a current support obligation and all past-due support has been paid. The department or obligee, as applicable, shall refund the obligor amounts withheld improperly because a release is not issued timely. An obligee is liable to the department for amounts received from the department that the obligee is not entitled to receive. Income withholding ordered under this subchapter may not be released or ended if the obligor has a current parental support obligation or owes a debt for past-due support, unless the court finds good cause or approves an alternative arrangement for payment of support in accordance with section 2657 . [PL 2011, c. 528, §6 (AMD).]
19-A M.R.S. § 1752 — ME Code / Title 19-A / Part 3 / Chapter 58 / Section 1752
19-A §1752. Jurisdiction declined by reason of conduct
Status: in_force

1. Jurisdiction based on unjustifiable conduct. Except as otherwise provided in section 1748 or by other law of this State, if a court of this State has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless: A. The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction; [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).] B. A court of the state otherwise having jurisdiction under sections 1745 to 1747 determines that this State is a more appropriate forum under section 1751 ; or [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).] C. No court of any other state would have jurisdiction under the criteria specified in sections 1745 to 1747 . [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).] [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

2. Appropriate remedy. If a court of this State declines to exercise its jurisdiction pursuant to subsection 1 , it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under sections 1745 to 1747 . [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

3. Assessment of expenses. If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection 1 , it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs or expenses against this State unless authorized by law other than this chapter. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
19-A M.R.S. § 3505 — ME Code / Title 19-A / Part 3 / Chapter 69 / Section 3505
19-A §3505. Rights additional to those now existing
Status: in_force

The rights created by this chapter are in addition to and not in substitution for any other rights. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
19-A M.R.S. § 4108 — ME Code / Title 19-A / Part 4 / Chapter 103 / Section 4108
19-A §4108. Temporary orders
Status: in_force

1. Temporary orders. The court may enter temporary orders authorized under subsection 2 that it considers necessary to protect a plaintiff or minor child from abuse, on good cause shown in an ex parte proceeding, which the court shall hear and determine as expeditiously as practicable after the filing of a complaint. Immediate and present danger of abuse to the plaintiff or minor child constitutes good cause. In determining whether good cause exists, the court may consider the existence of an active military protective order. A temporary order remains in effect pending a hearing pursuant to section 4109 . [PL 2025, c. 90, §7 (AMD).]

2. Interim relief. The court, in an ex parte proceeding, may enter temporary orders: A. Concerning the parental rights and responsibilities relating to minor children for whom the parties are responsible; [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] B. Enjoining the defendant from engaging in the following: (1) Imposing a restraint upon the person or liberty of the plaintiff; (2) Threatening, assaulting, molesting, harassing, attacking or otherwise disturbing the peace of the plaintiff; (3) Entering the family residence or the residence of the plaintiff, including the land immediately surrounding and associated with the residence; (4) Repeatedly and without reasonable cause: (a) Following the plaintiff; or (b) Being at or in the vicinity of the plaintiff's home, school, business or place of employment; (5) Taking, converting or damaging property in which the plaintiff may have a legal interest; (6) Having any direct or indirect contact with the plaintiff; (7) Engaging in the unauthorized dissemination of certain private images as prohibited pursuant to Title 17‑A, section 511‑A ; or (8) Destroying, transferring or tampering with the plaintiff's passport or other immigration document in the defendant's possession; or [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] C. Concerning the care, custody or control of any animal owned, possessed, leased, kept or held by either party or a minor child residing in the household and may enjoin the defendant from injuring or threatening to injure any such animal. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]

3. Temporary orders; possession of dangerous weapons. The court may direct the defendant not to possess a firearm, muzzle-loading firearm, bow, crossbow or other dangerous weapon for the duration of the temporary order if the complaint demonstrates: A. Abuse that involves a firearm, muzzle-loading firearm, bow, crossbow or other dangerous weapon; or [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] B. A heightened risk of immediate abuse to the plaintiff or a minor child. In determining whether a heightened risk of immediate abuse is present, the court shall consider, but is not limited to consideration of, whether: (1) The temporary order of protection is not likely to achieve its purpose in the absence of such a condition; (2) The defendant has violated orders of protection; (3) Past or present abuse to a victim resulted in injury; (4) The abuse occurred in public; and (5) The abuse includes: (a) Threats of suicide or homicide; (b) Killing or threatening to kill any animal owned, possessed, leased, kept or held by either party or a minor child residing in the household; (c) An escalation of violence; (d) Stalking behavior or extreme obsession; (e) Sexual violence; (f) Excessive alcohol or drug use; and (g) Abuse against a pregnant victim. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] If the court prohibits the defendant from possessing a firearm, muzzle-loading firearm, bow, crossbow or other dangerous weapon in a temporary order and if the defendant moves for dissolution or modification of a temporary order pursuant to subsection 6 , the court shall hear and decide the motion as expeditiously as possible and shall issue a written decision on the motion within 24 hours after a hearing on that motion. If the court prohibits the defendant from possessing a dangerous weapon other than a firearm, muzzle-loading firearm, bow or crossbow in a temporary order, the court shall specify the type of weapon the defendant is prohibited from possessing. If the court prohibits the defendant from possessing a firearm, muzzle-loading firearm, bow, crossbow or other dangerous weapon in a temporary order, the court shall direct the defendant to relinquish, within 24 hours after service of the temporary order on the defendant or such earlier time as the court specifies in the temporary order, all firearms, muzzle-loading firearms, bows, crossbows and specified dangerous weapons in the possession of the defendant to a law enforcement officer or other individual for the duration of the temporary order. If the weapons are relinquished to an individual other than a law enforcement officer, the defendant must file, within 24 hours after such relinquishment, with the court or local law enforcement agency designated in the temporary order a written statement that contains the name and address of the individual holding the weapons and a description of all weapons held by that individual. The court may subsequently issue a search warrant authorizing a law enforcement officer to seize any firearms, muzzle-loading firearms, bows, crossbows and other dangerous weapons at any location if there is probable cause to believe such firearms, muzzle-loading firearms, bows, crossbows or dangerous weapons have not been relinquished by the defendant. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]

4. Emergency relief. Emergency relief is available as follows. A. When there is no judge available in the District Court having venue or the District Court courthouse is closed and no other provision can be made for the shelter of an abused family or household member or minor child, a complaint may be presented to another District Court Judge or Superior Court Justice. Upon a showing of good cause, as described in subsection 1 , the court may enter temporary orders authorized under this section that it considers necessary to protect the plaintiff or minor child from abuse. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] B. If a complaint is presented under this subsection, that complaint and any temporary order issued pursuant to it must be forwarded immediately to the clerk of the District Court having venue for filing. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] C. A temporary order under this subsection remains in effect pending a hearing pursuant to section 4109 . [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]

5. Denial of relief. Before a request for temporary, emergency or interim relief is denied, the judge shall: A. Allow the plaintiff the opportunity to be heard in person to support the complaint. The plaintiff may be accompanied by a person of the plaintiff's choice; and [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] B. Advise the plaintiff of reasons for the denial. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]

6. Dissolution or modification. Notwithstanding any provision of law to the contrary, upon 2 days' notice to the plaintiff or upon such shorter notice as the court may order, a person who is subject to a temporary order may appear and move the dissolution or modification of the temporary order and, in that event, the court shall proceed to hear and determine the motion as expeditiously as the ends of justice require. At that hearing, the plaintiff has the burden of justifying a finding in the temporary order that the defendant has challenged by affidavit. This subsection may not be construed to abolish or limit any means otherwise available by law for obtaining dissolution, modification or discharge of a temporary order. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]

7. Extension. If a hearing on the complaint is continued, the court may make or extend temporary orders it considers necessary. Notwithstanding any provision of this section to the contrary, if a final protection order is issued pursuant to section 4110 , the temporary protection order issued pursuant to this section remains in effect pending service of the final protection order. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
19-A M.R.S. § 2660 — ME Code / Title 19-A / Part 3 / Chapter 65 / Section 2660
19-A §2660. Priority of order
Status: in_force

Notwithstanding any other provision of law, immediate income withholding ordered under this subchapter has priority over any previously filed attachment, execution, garnishment or assignment of income that is not made for the purpose of enforcing or paying child or spousal support. [PL 2011, c. 528, §7 (AMD).]
19-A M.R.S. § 3320 — ME Code / Title 19-A / Part 3 / Chapter 67 / Section 3320
19-A §3320. Foreign support agreement
Status: in_force

1. Recognition. Except as provided in subsections 3 and 4 , a tribunal of this State shall recognize and enforce a foreign support agreement registered in this State. [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]

2. Requirements. An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by: A. A complete text of the foreign support agreement; and [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).] B. A record stating that the foreign support agreement is enforceable as a decision in the issuing foreign country. [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).] [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]

3. Vacate registration. A tribunal of this State may vacate the registration of a foreign support agreement only if, acting on its motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy. [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]

4. Refusal of recognition and enforcement. In a contest of a foreign support agreement, a tribunal of this State may refuse recognition and enforcement of the agreement if it finds: A. Recognition and enforcement of the agreement is manifestly incompatible with public policy; [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).] B. The agreement was obtained by fraud or falsification; [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).] C. The agreement is incompatible with a support order involving the same parties and having the same purpose in this State, another state or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this State; or [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).] D. The record submitted under subsection 2, paragraph B lacks authenticity or integrity. [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).] [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]

5. Suspension of proceeding. A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country. [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
19-A M.R.S. § 1923 — ME Code / Title 19-A / Part 3 / Chapter 61 / Section 1923
19-A §1923. Parentage of child of assisted reproduction
Status: in_force

A person who provides gametes for and consents to or a person who consents to assisted reproduction by a woman as provided in section 1924 with the intent to be the parent of a resulting child is a parent of the resulting child. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
19-A M.R.S. § 1653 — ME Code / Title 19-A / Part 3 / Chapter 55 / Section 1653
19-A §1653. Parental rights and responsibilities
Status: in_force

1. Legislative findings and purpose. The Legislature makes the following findings concerning relationships among family members in determining what is in the best interest of children. A. The Legislature finds and declares as public policy that encouraging mediated resolutions of disputes between parents is in the best interest of minor children. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] B. The Legislature finds that domestic abuse is a serious crime against the individual and society, producing an unhealthy and dangerous family environment, resulting in a pattern of escalating abuse, including violence, that frequently culminates in intrafamily homicide and creating an atmosphere that is not conducive to healthy childhood development. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] C. The Legislature finds and declares that, except when a court determines that the best interest of a child would not be served, it is the public policy of this State to assure minor children of frequent and continuing contact with both parents after the parents have separated or dissolved their marriage and to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy. [PL 2009, c. 593, §1 (AMD).] [PL 2009, c. 593, §1 (AMD).]

2. Parental rights and responsibilities; order. This subsection governs parental rights and responsibilities and court orders for parental rights and responsibilities. A. When the parents have agreed to an award of shared parental rights and responsibilities or so agree in open court, the court shall make that award unless there is substantial evidence that it should not be ordered. The court shall state in its decision the reasons for not ordering a shared parental rights and responsibilities award agreed to by the parents. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] B. The court may award reasonable rights of contact with a minor child to a 3rd person. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] C. The court may award parental rights and responsibilities with respect to the child to a 3rd person, a suitable society or institution for the care and protection of children or the department, upon a finding that awarding parental rights and responsibilities to either or both parents will place the child in jeopardy as defined in Title 22, section 4002, subsection 6 . [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] D. The order of the court awarding parental rights and responsibilities must include the following: (1) Allocated parental rights and responsibilities, shared parental rights and responsibilities or sole parental rights and responsibilities, according to the best interest of the child as provided in subsection 3 . An award of shared parental rights and responsibilities may include either an allocation of the child's primary residential care to one parent and rights of parent-child contact to the other parent, or a sharing of the child's primary residential care by both parents. If either or both parents request an award of shared primary residential care and the court does not award shared primary residential care of the child, the court shall state in its decision the reasons why shared primary residential care is not in the best interest of the child; (2) Conditions of parent-child contact in cases involving domestic abuse as provided in subsection 6 ; (3) A provision for child support as provided in subsection 8 or a statement of the reasons for not ordering child support; (4) A statement that each parent must have access to records and information pertaining to a minor child, including, but not limited to, medical, dental and school records and other information on school activities, whether or not the child resides with the parent, unless that access is found not to be in the best interest of the child or that access is found to be sought for the purpose of causing detriment to the other parent. If that access is not ordered, the court shall state in the order its reasons for denying that access; (5) A statement that violation of the order may result in a finding of contempt and imposition of sanctions as provided in subsection 7 ; and (6) A statement of the definition of shared parental rights and responsibilities contained in section 1501, subsection 5 , if the order of the court awards shared parental rights and responsibilities. An order modifying a previous order is not required to include provisions of the previous order that are not modified. [PL 2015, c. 494, Pt. A, §11 (AMD).] E. The order of the court may not include a requirement that the State pay for the defendant to attend a domestic violence intervention program unless the program is certified under section 4116 . [PL 2023, c. 646, Pt. C, §5 (AMD).] F. The court may order that a minor's name be changed pursuant to Title 18‑C, section 1‑701 . [PL 2021, c. 14, §2 (NEW).] [PL 2023, c. 646, Pt. C, §5 (AMD).]

3. Best interest of child. The court, in making an award of parental rights and responsibilities with respect to a child, shall apply the standard of the best interest of the child. In making decisions regarding the child's residence and parent-child contact, the court shall consider as primary the safety and well-being of the child. In applying this standard, the court shall consider the following factors: A. The age of the child; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] B. The relationship of the child with the child's parents and any other persons who may significantly affect the child's welfare; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] C. The preference of the child, if old enough to express a meaningful preference; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] D. The duration and adequacy of the child's current living arrangements and the desirability of maintaining continuity; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] E. The stability of any proposed living arrangements for the child; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] F. The motivation of the parties involved and their capacities to give the child love, affection and guidance; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] G. The child's adjustment to the child's present home, school and community; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] H. The capacity of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical access; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] I. The capacity of each parent to cooperate or to learn to cooperate in child care; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] J. Methods for assisting parental cooperation and resolving disputes and each parent's willingness to use those methods; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] K. The effect on the child if one parent has sole authority over the child's upbringing; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] L. The existence of domestic abuse between the parents, in the past or currently, and how that abuse affects: (1) The child emotionally; (2) The safety of the child; and (3) The other factors listed in this subsection, which must be considered in light of the presence of past or current domestic abuse; [PL 2009, c. 593, §2 (AMD).] M. The existence of any history of child abuse by a parent; [PL 1997, c. 187, §3 (AMD); PL 1997, c. 187, §5 (AFF).] N. All other factors having a reasonable bearing on the physical and psychological well-being of the child; [PL 1999, c. 702, §1 (AMD).] O. A parent's prior willful misuse of the protection from abuse process in former chapter 101 or chapter 103 in order to gain tactical advantage in a proceeding involving the determination of parental rights and responsibilities of a minor child. Such willful misuse may be considered only if established by clear and convincing evidence and if it is further found by clear and convincing evidence that, in the particular circumstances of the parents and child, that willful misuse tends to show that the acting parent will in the future have a lessened ability and willingness to cooperate and work with the other parent in their shared responsibilities for the child. The court shall articulate findings of fact whenever relying upon this factor as part of its determination of a child's best interest. The voluntary dismissal of a protection from abuse petition may not, taken alone, be treated as evidence of the willful misuse of the protection from abuse process; [PL 2021, c. 647, Pt. B, §46 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).] P. If the child is under one year of age, whether the child is being breast-fed; [PL 2005, c. 567, §1 (AMD).] Q. The existence of a parent's conviction for a sex offense or a sexually violent offense as those terms are defined in Title 34‑A, section 11203 ; [PL 2009, c. 593, §3 (AMD).] R. If there is a person residing with a parent, whether that person: (1) Has been convicted of a crime under Title 17‑A, chapter 11 or 12 or a comparable crime in another jurisdiction; (2) Has been adjudicated of a juvenile offense that, if the person had been an adult at the time of the offense, would have been a violation of Title 17‑A, chapter 11 or 12 ; or (3) Has been adjudicated in a proceeding, in which the person was a party, under Title 22, chapter 1071 as having committed a sexual offense; and [PL 2009, c. 593, §4 (AMD).] S. Whether allocation of some or all parental rights and responsibilities would best support the child's safety and well-being. [PL 2009, c. 593, §5 (NEW).] [PL 2021, c. 647, Pt. B, §46 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]

4. Equal consideration of parents. The court may not apply a preference for one parent over the other in determining parental rights and responsibilities because of the parent's gender or the child's age or gender. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

5. Departure from family residence. The court may not consider departure from the family residence as a factor in determining parental rights and responsibilities with respect to a minor child when the departing parent has been physically harmed or seriously threatened with physical harm by the other parent and that harm or threat of harm was causally related to the departure, or when one parent has left the family residence by mutual agreement or at the request or insistence of the other parent. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

5-A. Effect of protective order. Although the court shall consider the fact that a protective order was issued under former chapter 101 or chapter 103 , the court shall determine the proper award of parental rights and responsibilities and award of rights of contact de novo and may not use as precedent the award of parental rights and responsibilities and rights of contact included in the protective order. [PL 2021, c. 647, Pt. B, §47 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]

6. Conditions of parent-child contact in cases involving domestic abuse. The court shall establish conditions of parent-child contact in cases involving domestic abuse as follows. A. A court may award primary residence of a minor child or parent-child contact with a minor child to a parent who has committed domestic abuse only if the court finds that contact between the parent and child is in the best interest of the child and that adequate provision for the safety of the child and the parent who is a victim of domestic abuse can be made. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] B. In an order of parental rights and responsibilities, a court may: (1) Order an exchange of a child to occur in a protected setting; (2) Order contact to be supervised by another person or agency; (3) Order the parent who has committed domestic abuse to attend and complete to the satisfaction of the court a domestic abuse intervention program or other designated counseling as a condition of the contact; (4) Order either parent to abstain from possession or consumption of alcohol or controlled substances, or both, during the visitation and for 24 hours preceding the contact; (5) Order the parent who has committed domestic abuse to pay a fee to defray the costs of supervised contact; (6) Prohibit overnight parent-child contact; and (7) Impose any other condition that is determined necessary to provide for the safety of the child, the victim of domestic abuse or any other family or household member. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] C. The court may require security from the parent who has committed domestic abuse for the return and safety of the child. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] D. The court may order the address of the child and the victim to be kept confidential. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] E. The court may not order a victim of domestic abuse to attend counseling with the parent who has committed domestic abuse. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] F. If a court allows a family or household member to supervise parent-child contact, the court shall establish conditions to be followed during that contact. Conditions include but are not limited to: (1) Minimizing circumstances when the family of the parent who has committed domestic abuse would be supervising visits; (2) Ensuring that contact does not damage the relationship with the parent with whom the child has primary physical residence; (3) Ensuring the safety and well-being of the child; and (4) Requiring that supervision is provided by a person who is physically and mentally capable of supervising a visit and who does not have a criminal history or history of abuse or neglect. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] G. Fees set forth in this subsection incurred by the parent who has committed domestic abuse may not be considered as a mitigating factor reducing that parent's child support obligation. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] H. In cases involving past or current allegations of domestic abuse between the parents, if the court orders an assessment or evaluation that will include providing court recommendations regarding the award of parental rights and responsibilities or conditions of parent-child contact that are in the best interest of the child from a person other than a guardian ad litem appointed under Title 4, section 1554, subsection 1 , the court may appoint only a licensed clinical social worker, psychologist or psychiatrist who has training and demonstrated expertise on at least the following topics: (1) The domestic abuse tactics affecting adult and child safety after separation of the parents; (2) The effects of domestic abuse and violence on children and conditions that support resilience; (3) Best practices for recognizing, asking about and assessing the effects of domestic abuse on the parent-child relationship; and (4) Methods for reducing post-separation abuse of the nonabusing parent and promoting child safety and security. [PL 2023, c. 90, §1 (NEW).] [PL 2023, c. 90, §1 (AMD).]

6-A. Custody and contact limited; convictions for sexual offenses. The award of primary residence and parent-child contact with a person who has been convicted of a child-related sexual offense is governed by this subsection. A. For the purposes of this section, "child-related sexual offense" means the following sexual offenses if, at the time of the commission of the offense, the victim was under 18 years of age or the victim was a student enrolled in a private or public elementary, secondary or special education school, facility or institution and the person was a teacher, employee or other official having instructional, supervisory or disciplinary authority over the student or the person was a substitute teacher who had instructional, supervisory or disciplinary authority over the student at any time during the 12 months prior to the time of the commission of the offense: (1) Sexual exploitation of a minor, under Title 17‑A, section 282 ; (2) Gross sexual assault, under Title 17‑A, section 253 ; (3) Sexual abuse of a minor, under Title 17‑A, section 254 ; (4) Unlawful sexual contact, under Title 17‑A, section 255‑A or former section 255; (5) Visual sexual aggression against a child, under Title 17‑A, section 256 ; (6) Sexual misconduct with a child under 14 years of age, under Title 17‑A, section 258 ; (6-A) Solicitation of a child to commit a prohibited act, under Title 17‑A, section 259‑A ; or (7) An offense in another jurisdiction that involves conduct that is substantially similar to that contained in subparagraph (1), (2), (3), (4), (5), (6) or (6-A). For purposes of this subparagraph, "another jurisdiction" means the Federal Government, the United States military, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa and each of the several states except Maine. "Another jurisdiction" also means the Passamaquoddy Tribe when that tribe has acted pursuant to Title 30, section 6209‑A, subsection 1, paragraph A or B and the Penobscot Nation when that tribe has acted pursuant to Title 30, section 6209‑B, subsection 1, paragraph A or B . [PL 2021, c. 360, §6 (AMD).] B. A court may award primary residence of a minor child or parent-child contact with a minor child to a parent who has been convicted of a child-related sexual offense only if the court finds that contact between the parent and child is in the best interest of the child and that adequate provision for the safety of the child can be made. [PL 2001, c. 665, §4 (NEW).] C. In an order of parental rights and responsibilities, a court may require that parent-child contact between a minor child and a person convicted of a child-related sexual offense may occur only if there is another person or agency present to supervise the contact. If the court allows a family or household member to supervise parent-child contact, the court shall establish conditions to be followed during that contact. Conditions include, but are not limited to, those that: (1) Minimize circumstances when the family of the parent who is a sex offender or sexually violent predator would be supervising visits; (2) Ensure that contact does not damage the relationship with the parent with whom the child has primary physical residence; (3) Ensure the safety and well-being of the child; and (4) Require that supervision be provided by a person who is physically and mentally capable of supervising a visit and who does not have a criminal history or history of abuse or neglect. [PL 2001, c. 665, §4 (NEW).] [PL 2021, c. 360, §6 (AMD).]

6-B. Conviction or adjudication for certain sex offenses; presumption. There is a rebuttable presumption that the petitioner would create a situation of jeopardy for the child if any contact were to be permitted and that any contact is not in the best interests of the child if the court finds that the person seeking primary residence or contact with the child: A. Has been convicted of an offense listed in subsection 6‑A, paragraph A in which the victim was a minor at the time of the offense and the person was at least 5 years older than the minor at the time of the offense except that, if the offense was gross sexual assault under Title 17‑A, section 253, subsection 1, paragraph B or C , or an offense in another jurisdiction that involves conduct that is substantially similar to that contained in Title 17‑A, section 253, subsection 1, paragraph B or C , and the minor victim submitted as a result of compulsion, the presumption applies regardless of the ages of the person and the minor victim at the time of the offense; or [PL 2007, c. 513, §3 (AMD).] B. Has been adjudicated in an action under Title 22, chapter 1071 of sexually abusing a person who was a minor at the time of the abuse. [PL 2005, c. 366, §3 (NEW).] The person seeking primary residence or contact with the child may present evidence to rebut the presumption. [PL 2007, c. 513, §3 (AMD).]

6-C. Forensic risk assessment. Upon motion from either party or upon the court’s own motion, the court may order a parent to complete a forensic risk assessment performed by a licensed clinical social worker, psychologist or psychiatrist qualified to conduct psychosexual evaluations. A. In determining whether to order a forensic risk assessment, the court may consider: (1) The existence of any court findings, including but not limited to a criminal conviction, that the parent has committed a child-related sexual offense as defined in subsection 6‑A, paragraph A or dissemination of sexually explicit material or possession of sexually explicit material as described in Title 17‑A, chapter 12 ; (2) The existence of substantiated findings of abuse or neglect under Title 22, section 4004, subsection 2, paragraph C‑1 , or an equivalent finding from another state, against the parent involving a child-related sexual offense as defined in subsection 6‑A, paragraph A or dissemination of sexually explicit material or possession of sexually explicit material as described in Title 17‑A, chapter 12 ; (3) Whether a guardian ad litem appointed to the case recommends the assessment; and (4) Any other factor the court considers relevant. [PL 2021, c. 577, §1 (NEW).] B. The court may order that the person performing the forensic risk assessment may interview the parent who is the subject of the order and any other parent of the child and have access to court documents, records of any interview with the child and other relevant documents. [PL 2021, c. 577, §1 (NEW).] C. The court shall order that the parent ordered to complete the forensic risk assessment is responsible for any fees associated with the assessment unless another parent agrees to pay part or all of the fees. [PL 2021, c. 577, §1 (NEW).] D. If the parent ordered to complete the forensic risk assessment has completed an assessment in the past year, the court may order the parent to release that assessment to the court, the guardian ad litem or another party and may order the parent to complete a new assessment only if the court determines a new assessment is necessary. [PL 2021, c. 577, §1 (NEW).] [PL 2021, c. 577, §1 (NEW).]

6-D. Considerations for cases in which a child is conceived as a result of sexual assault or nonconsensual removal of or tampering with a condom. The court shall establish conditions of parent-child contact in cases in which a child was conceived as a result of sexual assault as described in Title 17‑A, chapter 11 or as a result of nonconsensual removal of or tampering with a condom as described in Title 14, section 8305, subsection 2 as follows. A. In evaluating parental rights and responsibilities, the court shall evaluate the specific facts of the case to assess: (1) Whether the sexual assault or nonconsensual removal of or tampering with a condom indicates that there may be safety concerns for the child; (2) Whether it would be in the best interest of the child for the parent who committed sexual assault or nonconsensual removal of or tampering with a condom to receive any specific counseling or treatment; and (3) Any effect contact between the parents would have on the parent who was a victim of sexual assault or nonconsensual removal of or tampering with a condom. In response to this evaluation, the court shall order any conditions the court concludes are appropriate to meet the child’s best interest while minimizing the effect on the parent who experienced the sexual assault or nonconsensual removal of or tampering with a condom. The court may order specific conditions, including but not limited to limiting the contact between the parents or limiting or putting specific conditions on parent-child contact, including supervision. [PL 2023, c. 298, §2 (NEW).] B. The court may not order a victim of sexual assault or nonconsensual removal of or tampering with a condom to attend counseling with the parent who has committed sexual assault or nonconsensual removal of or tampering with a condom. [PL 2023, c. 298, §2 (NEW).] [PL 2023, c. 298, §2 (NEW).]

7. Violation of order concerning parental rights and responsibilities and contact. Either parent may petition the court for a hearing on the issue of noncompliance with the order issued under subsection 2 . If the court finds that a parent has violated a part of the order, the court may find that parent in contempt and may: A. Require additional or more specific terms and conditions consistent with the order; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] B. Order that additional visitation be provided for a parent to take the place of visitation that was wrongfully denied; or [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] C. Order a parent found in contempt to pay a forfeiture of at least $100. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

8. Child support order. The court may order conditions of child support as follows. A. Either parent of a minor child shall contribute reasonable and just sums as child support payable weekly, biweekly, monthly or quarterly. In an action filed under section 1654 , the court may require the child's nonprimary care provider to pay past support. Availability of public welfare benefits to the family may not affect the decision of the court as to the responsibility of a parent to provide child support. The court shall inquire of the parties concerning the existence of a child support order entered pursuant to chapter 65, subchapter 2, article 3 . If an order exists, the court shall consider its terms in establishing a child support obligation. A determination or modification of child support under this section and a determination of past support must comply with chapter 63 . [PL 2007, c. 142, §1 (AMD).] B. After January 1, 1990, if the court orders either parent to provide child support, the court order must require that the child support be provided beyond the child's 18th birthday if the child is attending secondary school as defined in Title 20‑A, section 1 , until the child graduates, withdraws or is expelled from secondary school or attains the age of 19, whichever occurs first. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] C. The court may require the payment of part or all of the medical expenses, hospital expenses and other health care expenses of the child. The court order must include a provision requiring at least one parent to obtain and maintain private health insurance for the child, if private health insurance for the child is available at reasonable cost. The court order must also require the parent providing insurance to furnish proof of coverage to the other parent within 15 days of receipt of a copy of the court order. If private health insurance for the child is not available at reasonable cost at the time of the hearing, the court order must include a provision requiring at least one parent to obtain and maintain private health insurance for the child that must be effective immediately upon private health insurance for the child being available at reasonable cost. [PL 2009, c. 290, §6 (AMD).] When the department provides support enforcement services, the support order must include a provision that requires the responsible parent to keep the department informed of changes in that parent's current address, the name and address of that parent's current employer and whether the responsible parent has access to reasonable cost health insurance coverage and, if so, the health insurance policy information and any subsequent changes. [PL 2009, c. 290, §6 (AMD).]

9. Enforcement of child support order. The court may enforce a child support order as provided in chapter 65 . [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

10. Modification or termination. Upon the petition of one or both of the parents, an order for parental rights and responsibilities with respect to a minor child may be modified or terminated as circumstances require. A. Modification and termination of child support orders are governed by section 2009 . [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] B. Modification of and termination orders for parental rights and responsibilities other than child support are governed by section 1657 . [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

11. Mediation. Prior to a contested hearing under this chapter relating to initial or modified orders, the court shall refer the parties to mediation as provided in chapter 3 . [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

12. Termination of order. A court order requiring the payment of child support remains in force as to each child until the order is altered by the court or until that child: A. Attains 18 years of age. For orders issued after January 1, 1990, if the child attains 18 years of age while attending secondary school as defined in Title 20‑A, section 1 , the order remains in force until the child graduates, withdraws or is expelled from secondary school or attains 19 years of age, whichever occurs first; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] B. Becomes married; or [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] C. Becomes a member of the armed services. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

13. Automatic adjustments. [PL 2017, c. 30, §1 (RP).]

14. Notice of relocation. The order must require notice of the intended relocation of a child by a parent awarded shared parental rights and responsibilities or allocated parental rights and responsibilities. At least 30 days before the intended relocation of a child by a parent, the parent shall provide notice to the other parent of the intended relocation. If the relocation must occur in fewer than 30 days, the parent who is relocating shall provide notice as soon as possible to the other parent. If the parent who is relocating believes notifying the other parent will cause danger to the relocating parent or the child, the relocating parent shall notify the court of the intended relocation, and the court shall provide appropriate notice to the other parent in a manner determined to provide safety to the relocating parent and child. [PL 1997, c. 403, §1 (NEW); PL 1997, c. 403, §4 (AFF).]
19-A M.R.S. § 4115 — ME Code / Title 19-A / Part 4 / Chapter 103 / Section 4115
19-A §4115. Maine Commission on Domestic and Sexual Abuse
Status: in_force

There is created the Maine Commission on Domestic and Sexual Abuse, as established by Title 5, section 12004‑I, subsection 74‑C , referred to in this section as "the commission." [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]

1. Commission members. The commission is composed as follows. A. The Governor shall appoint the following to serve as members of the commission: (1) A representative of the statewide coalition of domestic violence projects; (2) A representative of the statewide coalition of sexual assault centers; (3) A representative of the mental health profession; (4) A representative of victims of domestic violence; (5) A representative of victims of sexual assault; (6) Two attorneys with experience in domestic relations cases, one of whom has experience representing victims of domestic abuse; (7) A victim of domestic abuse who has used the court system; (8) A victim of sexual assault who has used the court system; (9) A district attorney or assistant district attorney; (10) A chief of a municipal police department or the chief's designee; (11) A county sheriff or the sheriff's designee; (12) The executive director of a statewide coalition to end domestic violence; (13) The executive director of a statewide coalition against sexual assault; (14) A person who has experience working in certified domestic violence intervention programs; (15) Up to 4 members-at-large; (16) Up to 4 members representing underserved populations; (17) One tribal member who provides services through a tribal program to tribal members who are victims of domestic or sexual violence; (18) An executive director of a tribal coalition against sexual assault and domestic violence; (19) A chief of a tribal police department or the chief's designee; (20) A representative of a tribal court; and (21) A representative of tribal government. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] B. The commission includes the following ex officio voting members: (1) The Attorney General or the Attorney General's designee; (2) The Chief of the State Police or the chief's designee; (3) The Commissioner of Public Safety or the commissioner's designee; (4) The Commissioner of Health and Human Services or the commissioner's designee; (5) The Commissioner of Education or the commissioner's designee; (6) The Commissioner of Labor or the commissioner's designee; and (7) The Commissioner of Corrections or the commissioner's designee. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] C. The Chief Justice of the Supreme Judicial Court is requested to appoint one person to serve the commission in an advisory capacity. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]

2. Terms of office; chair. The members appointed under subsection 1, paragraph A serve 3-year terms. The Governor shall appoint a chair of the commission from among its members. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]

3. Powers and duties. The commission shall advise and assist the executive, legislative and judicial branches of State Government on issues related to domestic and sexual abuse. The commission may make recommendations on legislative and policy actions, including training of the various law enforcement officers, prosecutors and judicial officers responsible for enforcing and carrying out the provisions of this chapter, and may undertake research development and program initiatives consistent with this section. The entire commission shall meet at least 2 times a year. Subcommittees of the commission may meet as necessary. The commission may accept funds from the Federal Government, from a political subdivision of the State or from an individual, foundation or corporation and may expend these funds for purposes that are consistent with this subsection. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]

4. Domestic Abuse Homicide Review Panel. The commission shall establish the Domestic Abuse Homicide Review Panel, referred to in this subsection as "the panel," to review the deaths of persons who are killed by family or household members. A. The chair of the commission shall appoint members of the panel who have experience in providing services to victims of domestic and sexual abuse, which must include at least the following: the Chief Medical Examiner, a physician, a nurse, a law enforcement officer, the Commissioner of Health and Human Services, the Commissioner of Corrections, the Commissioner of Public Safety, a judge as assigned by the Chief Justice of the Supreme Judicial Court, a representative of a statewide association of prosecutors, an assistant attorney general responsible for the prosecution of homicide cases designated by the Attorney General, an assistant attorney general handling child protection cases designated by the Attorney General, a victim-witness advocate, a mental health service provider, a facilitator of a certified domestic violence intervention program under section 4116 and 3 persons designated by a statewide coalition of domestic violence programs. Members who are not state officials serve a 2-year term without compensation, except that of those initially appointed by the chair, 1/2 must be appointed for a one-year term. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] B. The panel shall recommend to state and local agencies methods of improving the system for protecting persons from domestic and sexual abuse, including modifications of laws, rules, policies and procedures following completion of adjudication. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] C. The panel shall collect and compile data related to domestic and sexual abuse, including data relating to deaths resulting from domestic abuse when the victim was pregnant at the time of death. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] D. In any case subject to review by the panel, upon oral or written request of the panel, any person that possesses information or records that are necessary and relevant to a homicide review shall as soon as practicable provide the panel with the information and records. Persons disclosing or providing information or records upon the request of the panel are not criminally or civilly liable for disclosing or providing information or records in compliance with this paragraph. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] E. The proceedings and records of the panel are confidential and are not subject to subpoena, discovery or introduction into evidence in a civil or criminal action. The commission shall disclose conclusions of the panel upon request, but may not disclose information, records or data that are otherwise classified as confidential. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] The commission shall submit a report on the panel's activities, conclusions and recommendations to the joint standing committee of the Legislature having jurisdiction over judiciary matters by January 30, 2022, and biennially thereafter. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
19-A M.R.S. § 2658 — ME Code / Title 19-A / Part 3 / Chapter 65 / Section 2658
19-A §2658. Service of process
Status: in_force

Service under this subchapter must be made in the manner provided for service of summons by the Maine Rules of Civil Procedure, Rule 4. For purposes of this section, this service must be deemed to be an action pursuant to Chapter XIII of the Maine Rules of Civil Procedure. When the department is providing child support services, personal service within the State of an income withholding order may be made by an authorized representative of the commissioner. [PL 2009, c. 290, §33 (AMD).]
19-A M.R.S. § 2359 — ME Code / Title 19-A / Part 3 / Chapter 65 / Section 2359
19-A §2359. Expedited income withholding
Status: in_force

1. Order to withhold; commissioner may serve. The commissioner may direct any person by order to withhold property, including wages, that is due or belongs to the responsible parent when the responsible parent has failed to make payments under a support order and the amount in arrears is at least equal to the support payable for one month. The commissioner shall serve the order on the person directed to withhold. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

2. Notice of order to withhold. Prior to implementation of the order to withhold, the department shall serve a notice of intention to withhold to the responsible parent. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

3. Content of notice. In addition to conforming with the requirements of Title 5, section 9052, subsection 4 , the notice of intention to withhold must include the following statements: A. The amount of the arrearage and the amount of the current support order; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] B. The amount that will be withheld or the formula by which that amount will be determined; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] C. That the withholding will apply to any current or subsequent period of employment; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] D. That the responsible parent may contest the withholding by requesting a review pursuant to section 2451 ; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] E. That the only basis for contesting the withholding is a mistake of fact; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] F. That the request for review must be filed within 20 days of receipt of the notice of intention and that failure to request a review within 20 days will result in the department notifying the responsible parent's employer or other person holding property belonging to the responsible parent to begin withholding; and [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] G. That at the review hearing the responsible parent will have an opportunity to present the responsible parent's case; that the hearing officer's decision will be based on an evaluation of the facts, including the responsible parent's statement of the responsible parent's case; that the responsible parent will be informed of the decision; if withholding is to occur, the time within which the withholding will begin; and the information to be given to the employer or other payor. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

4. Implementation of order to withhold. Upon receipt of an order to withhold issued by the department, the employer or other payor shall immediately begin withholding from the income of the responsible parent the amount specified in the order. Sums withheld must be remitted to the department within 10 days of the date the responsible parent is paid. A person who honors an order to withhold issued under this section is discharged from any liability or obligation to the responsible parent for such property. The department warrants that it will defend and hold harmless any such persons for honoring the order. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

5. Priority of order. Withholding initiated under this section has priority over any other legal process under state law against the same wages. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

6. Termination of withholding. The withholding must be terminated with regard to a current support obligation if: A. The department is unable to forward funds to the obligee for 3 months. Funds not forwarded must be returned to the obligor and notice must be given to the obligor's employer or other payor to cease withholding; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] B. The child or spousal support obligation has been eliminated by a subsequent court order; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] C. The child has reached majority or has otherwise been emancipated; or [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] D. The child has been adopted. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] The withholding may not be terminated while an arrearage remains, unless other provisions acceptable to the department for its repayment have been made. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
19-A M.R.S. § 2301 — ME Code / Title 19-A / Part 3 / Chapter 65 / Section 2301
19-A §2301. Creation of debt to department
Status: in_force

1. Public assistance. Debts due the department for public assistance are as follows. A. When a support order has not been established, a payment of public assistance for the benefit of the dependent child creates a debt due the department from the responsible parent for past support. The amount of debt due the department is established by application of the most current child support scale to the responsible parent's income for the time period in which the department was entitled to support payments. In the absence of sufficient reliable information to calculate a responsible parent's past income, it is presumed that the responsible parent had an earning capacity equal to the average weekly wage of a worker within this State as determined by the Department of Labor statistics for the applicable years. A different annual income may be used if there is sufficient reliable evidence to conclude reasonably that the responsible parent earned a greater or lesser actual income. A present disability to pay child support, legal or otherwise, does not bar a determination of past debt due the department for any relevant period in which the disability did not exist. When the department establishes a periodic support payment by administrative decision, the debt is limited to the amount stated in the decision. [PL 1997, c. 466, §16 (AMD); PL 1997, c. 466, §28 (AFF).] B. When a support order has been established, the debt due the department from the responsible parent is the amount established under that order. (1) The debt may not be limited by the amount of public assistance paid for the benefit of the dependent child. Amounts collected by the department in excess of public assistance expended must be distributed pursuant to section 2401 . (2) The issuance of a support order does not relieve the responsible parent of any liability for a debt that previously had accrued under paragraph A . [PL 1997, c. 466, §16 (AMD); PL 1997, c. 466, §28 (AFF).] [PL 1997, c. 466, §16 (AMD); PL 1997, c. 466, §28 (AFF).]

2. Failure to pay child or spousal support. For actions initiated pursuant to section 2103 , failure to pay support obligations under a support order creates a debt due the applicant. Upon execution of a contract between the department and the applicant, the department may take action to establish, enforce or collect the debt under any appropriate statute, including, but not limited to, remedies contained in this article. The department is subrogated to the rights of the payee as provided in section 2351 . [PL 1997, c. 466, §16 (AMD); PL 1997, c. 466, §28 (AFF).]

3. Default judgment. If the responsible parent defaults or otherwise fails to appear, and no support order has been established, the court or administrative hearing officer shall presume that the responsible parent has an earning capacity equal to the average weekly wage of a worker within this State as determined by the Department of Labor statistics for the applicable years. A different annual income than the one specified by this subsection may be used if there is sufficient reliable evidence to conclude reasonably that the responsible parent earned a greater or lesser actual income. [PL 1997, c. 466, §16 (AMD); PL 1997, c. 466, §28 (AFF).]

4. Interstate cooperation. With the execution of an application for nonwelfare services between a state and a resident of that state, the state may request the department to enforce or collect any unpaid support debt belonging to the applicant. Upon written request by a state to the department, the department may attempt to collect either the welfare or nonwelfare debt by action under any appropriate laws, including, but not limited to, remedies established by this article. [PL 2001, c. 264, §11 (AMD).]
19-A M.R.S. § 653 — ME Code / Title 19-A / Part 2 / Chapter 23 / Section 653
19-A §653. Filing of cautions
Status: in_force

1. Filing; enter notice. A person who believes that parties are about to contract marriage when either of them cannot lawfully do so may file a caution and the reasons for the caution in the office of the clerk where notice of their intentions is required to be filed or with the State Registrar of Vital Statistics. If either party applies to enter notice of their intentions, the clerk or State Registrar of Vital Statistics shall withhold the license until the judge of probate from the county involved approves the marriage. If the license has already been issued and the parties have not yet been married, the office of the clerk or the State Registrar of Vital Statistics shall notify the parties that they may not marry until the judge of probate from the county involved approves the marriage. [PL 2025, c. 130, §3 (AMD).]

2. Procedure. Before the judge of probate may approve a marriage, the court must give due notice and an opportunity to be heard to all concerned parties. The judge of probate shall determine whether the parties may lawfully contract marriage within 7 days unless the judge of probate certifies that further time is necessary for that purpose. In that case, a license must be withheld until the expiration of the certified time. The clerk or State Registrar of Vital Statistics shall deliver or withhold the license in accordance with the final decision of the judge of probate. [PL 2019, c. 340, §12 (AMD).]

3. Judgment for costs. If the judge of probate determines that the parties may lawfully contract marriage, the judge shall enter judgment against the person filing the caution for costs and issue execution for costs. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
19-A M.R.S. § 1740 — ME Code / Title 19-A / Part 3 / Chapter 58 / Section 1740
19-A §1740. Communication between courts
Status: in_force

1. Communication permitted. A court of this State may communicate with a court in another state concerning a proceeding arising under this chapter. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

2. Participation of parties. The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

3. Communication without informing parties; no record required. Communication between courts on schedules, calendars, court records and similar matters may occur without informing the parties. A record need not be made of the communication. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

4. Communication and informing parties; record required. Except as otherwise provided in subsection 3 , a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

5. Record. For the purposes of this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
19-A M.R.S. § 1732 — ME Code / Title 19-A / Part 3 / Chapter 58 / Section 1732
19-A §1732. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

1. Abandoned. "Abandoned" means left without provision for reasonable and necessary care or supervision. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

2. Child. "Child" means an individual who has not attained 18 years of age. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

3. Child custody determination. "Child custody determination" means a judgment, decree or other order of a court providing for the legal custody, physical custody or visitation with respect to a child. The term includes a permanent, temporary, initial and modification order. The term does not include an order relating to child support or other monetary obligation of an individual. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

4. Child custody proceeding. "Child custody proceeding" means a proceeding in which legal custody, physical custody or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation or enforcement under subchapter III . [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

5. Commencement. "Commencement" means the filing of the first pleading in a proceeding. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

6. Court. "Court" means an entity authorized under the law of a state to establish, enforce or modify a child custody determination. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

7. Home state. "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than 6 months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

8. Initial determination. "Initial determination" means the first child custody determination concerning a particular child. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

9. Issuing court. "Issuing court" means the court that makes a child custody determination for which enforcement is sought under this chapter. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

10. Issuing state. "Issuing state" means the state in which a child custody determination is made. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

11. Modification. "Modification" means a child custody determination that changes, replaces, supersedes or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

12. Person. "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency or instrumentality; public corporation; or any other legal or commercial entity. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

13. Person acting as a parent. "Person acting as a parent" means a person, other than a parent, who: A. Has physical custody of the child or has had physical custody for a period of 6 consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).] B. Has been awarded legal custody by a court or claims a right to legal custody under the law of this State. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).] [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

14. Physical custody. "Physical custody" means the physical care and supervision of a child. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

15. State. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

16. Tribe. "Tribe" means an Indian tribe or band or an Alaskan Native village recognized by federal law or formally acknowledged by a state. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

17. Warrant. "Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
19-A M.R.S. § 1605 — ME Code / Title 19-A / Part 3 / Chapter 53 / Section 1605
19-A §1605. Notice of proceeding to commence an action
Status: in_force

1. Notice of proceeding. The department may commence a paternity proceeding by serving a notice on an alleged father. The department may not serve such a notice unless it has a sworn statement or affirmation under the penalty for unsworn falsification from the child's mother claiming that the alleged father engaged in sexual intercourse with her during a possible time of conception of the child or is a man who is presumed under state law to be the child's father. If the mother is a minor, the sworn statement or affirmation may be that of the guardian or next friend of the mother. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

2. Contents of notice. In addition to conforming with the requirements of Title 5, section 9052, subsection 4 , the notice must include: A. A statement that service of the notice on the alleged father constitutes the commencement of a paternity proceeding for the determination of paternity and any related issues under this chapter; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] B. A statement identifying any of the following as the reason for filing the record of the proceeding in court. (1) The alleged father fails to deny paternity. (2) The alleged father refuses to submit to blood or tissue-typing tests. (3) The alleged father fails to execute and deliver to the department an acknowledgment of paternity; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] C. A statement that, if the department files a record of the proceeding, the department may seek relief under section 1606 ; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] D. The child's name and place and date of birth; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] E. The name of the child's mother and the name of the person or agency having custody of the child, if other than the mother; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] F. The probable date on or period during which the child was conceived; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] G. An allegation that the alleged father engaged in sexual intercourse with the child's mother during a possible time of conception of the child or is a man who is presumed to be the child's father under state law, and that the alleged father is or may be the genetic father of the child; [PL 2015, c. 296, Pt. C, §10 (AMD); PL 2015, c. 296, Pt. D, §1 (AFF).] H. If applicable, an allegation that the child may have been conceived as a result of sexual intercourse in this State and that the alleged father is subject to personal jurisdiction under section 1602 ; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] I. A statement that the alleged father may deny the allegation of paternity by filing a written denial of paternity with the department within 20 days after service of the notice; that if the alleged father fails to file a written denial, the proceeding will be filed in a court as a paternity proceeding; and that the question of paternity and any related issues under this chapter may be resolved against him by the court; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] J. A statement that if the alleged father files a written denial of paternity: (1) The department will provide an expert examiner of blood or tissue types to conduct blood or tissue-typing tests on the mother, child and alleged father and the tests will be conducted as follows. (a) The alleged father is required to submit to tests, which may include, but are not limited to, tests of red cell antigens, red cell isoenzymes, human leukocyte antigens and serum proteins. (b) The department will pay the initial cost of the tests. (c) An indigent alleged father is not liable for reimbursement of the cost of the tests; (2) If the alleged father refuses to submit to tests under subparagraph (1) , the proceeding will be filed in a court as a paternity proceeding; (3) If the alleged father is not excluded by the test results and he does not, within 15 days of the ordinary mailing to him of a report and copy of the blood or tissue-typing results, execute and deliver to the department an acknowledgment of paternity of the child in accordance with the laws of the state in which the child was born, the proceeding will be filed in a court as a paternity proceeding; and (4) If the alleged father is excluded by the test results as the genetic father of the child, the proceeding will be filed in a court for disposition under chapter 61 ; [PL 2015, c. 296, Pt. C, §11 (AMD); PL 2015, c. 296, Pt. D, §1 (AFF).] K. A statement that if, prior to the filing in a court, the alleged father executes and delivers to the department and the department accepts an acknowledgment of paternity, the proceeding must terminate and the department may proceed against him under chapter 65, subchapter II, article 3 ; [PL 2001, c. 554, §3 (AMD).] L. A statement that the alleged father may, within 25 days after notice has been mailed to him that the record has been filed in a court, assert any defense, in law or fact, if the record is filed because the alleged father: (1) Refuses to submit to blood or tissue-typing tests; or (2) Fails to execute and deliver to the department an acknowledgment of paternity; and [PL 2001, c. 554, §3 (AMD).] M. A statement that the department may require the alleged father to submit to blood or tissue-typing tests prior to accepting an acknowledgment of paternity if it appears that there may be more than one alleged father, and may file the action in court if the alleged father refuses to submit to testing. [PL 2001, c. 554, §4 (NEW).] [PL 2015, c. 296, Pt. C, §§10, 11 (AMD); PL 2015, c. 296, Pt. D, §1 (AFF).]
19-A M.R.S. § 3352 — ME Code / Title 19-A / Part 3 / Chapter 67 / Section 3352
19-A §3352. Conditions of rendition
Status: in_force

1. Proceedings for support as prerequisite. Before making demand that the governor of another state surrender an individual charged criminally in this State with having failed to provide for the support of an obligee, the Governor may require a prosecutor of this State to demonstrate that, at least 60 days previously, the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

2. Criminal charge in another state. If, under this chapter or a law substantially similar to this chapter, the governor of another state makes a demand that the Governor surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding. [PL 2003, c. 436, §47 (AMD).]

3. Declination to honor demand. If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor may decline to honor the demand if the individual is complying with the support order. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
19-A M.R.S. § 1844 — ME Code / Title 19-A / Part 3 / Chapter 61 / Section 1844
19-A §1844. Binding effect of determination of parentage
Status: in_force

1. Determination binding; signatories and parties. Except as otherwise provided in subsection 2 , a determination of parentage is binding on: A. All signatories to an acknowledgment of parentage or denial of parentage as provided in subchapter 3 ; and [PL 2021, c. 141, §1 (AMD).] B. All parties to an adjudication by a court acting under circumstances that satisfy the jurisdictional requirements of section 2961 . [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).] [PL 2021, c. 141, §1 (AMD).]

2. Adjudication in divorce, annulment or legal separation proceeding or proceeding to establish parental rights. In a proceeding for divorce, for legal separation, to annul a marriage or to establish parental rights and responsibilities, the court is deemed to have made an adjudication of the parentage of a child if the court acts under circumstances that satisfy the jurisdictional requirements of section 2961 and the final order: A. Expressly identifies a child as a "child of the parties" or "issue of the marriage" or by similar words indicates that the parties are the parents of the child; or [PL 2023, c. 25, §2 (AMD).] B. Provides for support of the child by the parent or parents. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).] [PL 2023, c. 25, §2 (AMD).]

3. Determination a defense. Except as otherwise provided in this chapter, a determination of parentage may be a defense in a subsequent proceeding seeking to adjudicate parentage by an individual who was not a party to the earlier proceeding. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

4. Challenge to adjudication. A party to an adjudication of parentage may challenge the adjudication only by appeal or in a manner otherwise consistent with the Maine Rules of Civil Procedure. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
19-A M.R.S. § 1765 — ME Code / Title 19-A / Part 3 / Chapter 58 / Section 1765
19-A §1765. Registration of child custody determination
Status: in_force

1. Registration procedure. A child custody determination issued by a court of another state may be registered in this State, with or without a simultaneous request for enforcement, by sending to the appropriate court in this State: A. A letter or other document requesting registration; [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).] B. Two copies, including one certified copy, of the determination sought to be registered and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).] C. Except as otherwise provided in section 1753 , the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).] [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

2. Filing and notice. On receipt of the documents required by subsection 1 , the registering tribunal shall: A. Cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form; and [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).] B. Provide a notice with the information required under subsection 3 to the person seeking registration, who shall then serve the notice on the other persons named pursuant to subsection 1, paragraph C and provide them with an opportunity to contest the registration in accordance with this section. Notice must be given in a manner allowed under section 1738 . [PL 2023, c. 532, §1 (AMD).] [PL 2023, c. 532, §1 (AMD).]

3. Information in notice. The notice required by subsection 2, paragraph B must state that: A. A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this State; [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).] B. A hearing to contest the validity of the registered determination must be requested within 20 days after service of notice; and [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).] C. Failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).] [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

4. Hearing to contest. A person seeking to contest the validity of a registered order must request a hearing within 20 days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that: A. The issuing court did not have jurisdiction under subchapter II ; [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).] B. The child custody determination sought to be registered has been vacated, stayed or modified by a court having jurisdiction to do so under subchapter II ; or [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).] C. The person contesting registration was entitled to notice, but notice was not given in accordance with the standards of section 1738 , in the proceedings before the court that issued the order for which registration is sought. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).] [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

5. Confirmation of registration. If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]

6. Further contest precluded. Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. [PL 1999, c. 486, §3 (NEW); PL 1999, c. 486, §6 (AFF).]
19-A M.R.S. § 3318 — ME Code / Title 19-A / Part 3 / Chapter 67 / Section 3318
19-A §3318. Recognition and enforcement of registered Convention support order
Status: in_force

1. Recognition and enforcement. Except as otherwise provided in subsection 2 , a tribunal of this State shall recognize and enforce a registered Convention support order. [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]

2. Exceptions. The following grounds are the only grounds on which a tribunal of this State may refuse recognition and enforcement of a registered Convention support order. A. Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard; [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).] B. The issuing tribunal lacked personal jurisdiction consistent with section 2961 ; [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).] C. The order is not enforceable in the issuing country; [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).] D. The order was obtained by fraud in connection with a matter of procedure; [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).] E. A record transmitted in accordance with section 3316 lacks authenticity or integrity; [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).] F. A proceeding between the same parties and having the same purpose is pending before a tribunal of this State and that proceeding was the first to be filed; [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).] G. The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this chapter in this State; [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).] H. The payment of arrears, to the extent alleged arrears have been paid in whole or in part; [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).] I. In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country: (1) If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or (2) If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).] J. The order was made in violation of section 3321 . [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).] [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]

3. Convention support orders not recognized. If a tribunal of this State does not recognize a Convention support order under subsection 2, paragraph B , D , F or I : A. The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).] B. The department shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under section 3314 . [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).] [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
19-A M.R.S. § 2801 — ME Code / Title 19-A / Part 3 / Chapter 67 / Section 2801
19-A §2801. Short title
Status: in_force

This chapter may be known and cited as the "Uniform Interstate Family Support Act." [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
19-A M.R.S. § 2255 — ME Code / Title 19-A / Part 3 / Chapter 65 / Section 2255
19-A §2255. Subpoena powers
Status: in_force

In carrying out the provisions of this article, the department, through a request to the Attorney General or to an assistant attorney general assigned to the department, upon its own motion or upon the request of a party, has the power to subpoena witnesses, compel their attendance and require the production of any papers, books, records or documents that are relevant to determining the support obligation and the responsible parent's ability to pay or earn. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

Subpoenas must be issued in accordance with Title 5, section 9060 and served in accordance with the Maine Rules of Civil Procedure. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
19-A M.R.S. § 604 — ME Code / Title 19-A / Part 2 / Chapter 21 / Section 604
19-A §604. Content
Status: in_force

Parties to a premarital agreement may contract with respect to: [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

1. Rights and obligations of parties. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

2. Right to buy, sell, use property. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of or otherwise manage and control property; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

3. Disposition of property. The disposition of property upon separation, marital dissolution, death or the occurrence or nonoccurrence of any other event; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

4. Spousal support. The modification or elimination of spousal support; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

5. Making of will. The making of a will, trust or other arrangement to carry out the provisions of the agreement; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

6. Death benefit. The ownership rights in and disposition of the death benefit from a life insurance policy; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

7. Choice of law. The choice of law governing the construction of the agreement; and [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

8. Other matter. Any other matter, including their personal rights and obligations, not in violation of public policy or a law imposing a criminal penalty. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

The right of a child to receive support may not be adversely affected by a premarital agreement. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
19-A M.R.S. § 2103 — ME Code / Title 19-A / Part 3 / Chapter 65 / Section 2103
19-A §2103. Duty of department to enforce support obligations
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Applicant" means an individual, including a person receiving services under section 2108 , state, political subdivision of a state or instrumentality of a state. [PL 1999, c. 704, §3 (AMD).] B. "Support obligations" means the amount due an obligee for support under an order of support and includes any arrearages of support that have accrued. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] [PL 1999, c. 704, §3 (AMD).]

2. Enforcement of support obligations. The department may, for a fee, locate absent parents, defend child support orders, establish support obligations, seek motions to modify support obligations, enforce support obligations and determine paternity on behalf of applicants who are not recipients of public assistance, by actions under an appropriate statute, including, but not limited to, remedies established in subchapter 2, article 3 , to establish and enforce the support obligations. The department and the applicant shall sign an agreement in duplicate describing the fee. The department may defer or waive that fee. [PL 2005, c. 352, §7 (AMD).]

3. Fees and costs. The department shall charge a fee of $2 per pay period to all obligors whose child support payments are made to the department to reduce the department's costs in providing support enforcement services. The department may collect fees owed by the obligor by using any remedies available for collection of child support. The nonfederal share of the fee collected pursuant to this subsection must be deposited as General Fund undedicated revenue. The department shall deposit amounts collected as General Fund undedicated revenue only after the amount owed to the family for the current period is paid. The department shall collect the fee from obligors whose child support is paid to the department under an income withholding order by notifying the payor of income to the obligor to increase withholding by $2 per pay period. The department or any other person is not required to issue a new or amended withholding order to collect the fee, but shall notify the obligor in advance of the increase in withholding. [PL 2011, c. 477, Pt. L, §1 (AMD).]

3-A. Service fee. In the case of an individual who has never received assistance under a state program and for whom the State has collected at least $550 in child support, the State shall impose an annual $35 fee for each child support enforcement case that is: A. Retained by the State from child support collected on behalf of the individual after the collected support exceeds $550; [PL 2019, c. 400, §1 (AMD).] B. Paid by the individual applying for services; [PL 2007, c. 365, §1 (NEW).] C. Recovered from the noncustodial parent; or [PL 2007, c. 365, §1 (NEW).] D. Paid by the State out of its own funds. The annual fee may not be considered as an administrative cost of the State for operation of child support enforcement services and must be considered income to the program under which the individual has received child support enforcement services. [PL 2007, c. 365, §1 (NEW).] The nonfederal share of the annual fee collected pursuant to this subsection must be deposited as General Fund undedicated revenue. [PL 2019, c. 400, §1 (AMD).]

4. Attorney's fees. The Office of the Attorney General or attorneys acting under Title 5, section 191 may seek appropriate attorney's fees at the prevailing community rate for legal representation of individuals under this section. An award of attorney's fees may be collected by any means available under the laws, including, but not limited to, remedies available under Title 14 and Title 36, section 185‑A . [PL 2019, c. 659, Pt. D, §4 (AMD).]

5. State's role in support enforcement cases. In a child support action brought by the department under this Title or Title 22 , the department or prosecuting attorney represents solely the interest of the State in providing child support enforcement services under federal law. This section may not be construed to modify statutory mandate, authority or confidentiality required of any governmental agency, nor does representation by a prosecuting attorney create an attorney-client relationship between the attorney and any party, other than the State. For the purpose of this subsection, "prosecuting attorney" means an assistant attorney general, an assistant district attorney, an attorney under contract or an attorney in the employ of the department. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

6. Obligation established. The current support obligations in cases brought in accordance with this section are established pursuant to chapter 63 . An obligation for past support due is established by application of the most current child support scale to the responsible parent's income for the time period in which the applicant was entitled to support payments and may include reimbursement for past medical expenses. In the absence of sufficient reliable information to calculate a responsible parent's past income, it is presumed that the responsible parent had an earning capacity equal to the average weekly wage of a worker within this State as determined by the Department of Labor statistics for the applicable years. A different annual income may be used if there is sufficient reliable evidence to conclude reasonably that the responsible parent earned a greater or lesser actual income. A present disability to pay child support, legal or otherwise, does not bar a determination of past debt due the applicant for any relevant period in which the disability did not exist. If the responsible parent defaults or otherwise fails to appear, and no order of support has been established, the court or administrative hearing officer shall presume that the responsible parent has an earning capacity equal to the average weekly wage of a worker within this State as determined by the Department of Labor statistics for the applicable years. A different annual income may be used if there is sufficient reliable evidence to conclude reasonably that the responsible parent earned a greater or lesser actual income. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
19-A M.R.S. § 2673 — ME Code / Title 19-A / Part 3 / Chapter 65 / Section 2673
19-A §2673. Definition of income
Status: in_force

For purposes of this subchapter, "income" means any periodic form of payment due to a person, regardless of source, including wages, salaries, commissions, bonuses, workers' compensation, disability benefits, payments pursuant to a pension or retirement program and interest. [PL 1997, c. 537, §52 (NEW); PL 1997, c. 537, §62 (AFF).]
19-A M.R.S. § 1922 — ME Code / Title 19-A / Part 3 / Chapter 61 / Section 1922
19-A §1922. Parental status of donor
Status: in_force

1. Donor not a parent. A donor is not a parent of a child conceived through assisted reproduction. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

2. Exceptions. Notwithstanding subsection 1 : A. A person who provides a gamete or gametes or an embryo or embryos to be used for assisted reproduction for the person's spouse is a parent of the resulting child; and [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).] B. A person who provides a gamete or gametes or an embryo or embryos for assisted reproduction is a parent of the resulting child if the person has a written agreement or agreements with the person giving birth and any intended parent that the person will be a parent. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).] [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
19-A M.R.S. § 1910 — ME Code / Title 19-A / Part 3 / Chapter 61 / Section 1910
19-A §1910. Confidentiality of genetic testing
Status: in_force

1. Release of report. A report of genetic testing for parentage is confidential and may not be released except as provided in this subchapter. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]

2. Intentional release of identifiable specimen. An individual who intentionally releases an identifiable specimen of another individual for any purpose other than that relevant to a proceeding regarding parentage without a court order or the written permission of the individual who furnished the specimen commits a Class E crime. [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
19-A M.R.S. § 2675 — ME Code / Title 19-A / Part 3 / Chapter 65 / Section 2675
19-A §2675. Allocating income withheld for multiple child support obligees
Status: in_force

A payor of earnings that receives 2 or more withholding orders for the purpose of enforcing or paying a child support obligation with respect to the earnings of the same obligor shall withhold the full amount of all current support obligations before withholding the obligor's support arrears. If the payor is prohibited by section 2356 from withholding the full amount of current support obligations, the payor satisfies the terms of the orders if the payor withholds a pro rata amount of current support pursuant to each order. If the payor is prohibited by this section or section 2356 from withholding the full amount of support arrears, the payor satisfies the terms of the orders if the payor withholds a pro rata amount of support arrears pursuant to each order. [PL 2009, c. 290, §36 (NEW).]