An Act Regarding Child Support Collection Practices LR2325(02)
Maine Legislature, Session 121, LD 1771
Committee Amendment CA_A_H721 (House)
Amends: 19-A MRSA §2109, 32 MRSA §11002

COMMITTEE AMENDMENT "If· to H. P. 
Act Regarding Child Support Collection 
1293, L.D. 
Practices" 
1771, Bill, "An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
. Sec. I. 19-A MRSA §2109 is enacted to read: 
§2109. 
Limitations on collection of child support 
A person other than an employee of the department who enters 
into an 
agreement with another to collect child support is 
subject to the following limitations. 
1. 
Fee limitation. 
In a contingent-fee contract for the 
collection of child support. the fee may be based only upon the 
amount of unpaid past child support arrearage calculated as of 
the date when the contract is signed. 
A fee may not be based on 
current or future child support payments and may be assessed only 
on funds actually received by the child support obligee. 
2. 
Collection practices 
limitations. 
Each 
person 
who 
enters into an agreement with another to collect child support is 
subject to the provisions of Title 32, chapter 109-A if either 
the support oblig§e or the support obligor is a resident of this 
State. 
Page l-LR2325(2) 
COMMITTEE AMENDMENT 
- ~~, 
'~ .. 
\ . 
• 
COMMITTEE AMENDMENT ,~ to H.P. 1293, L.D. 1771 
3. 
Requirement 
for 
written 
contract. 
Each 
agreement 
between a person who collects or offers to collect child support 
and a child support obligee must be in writing, dated and signed 
by the support obligee. 
The contract must contain a full and 
detailed description of the services to be performed for the 
support obligee and the terms and conditions of payment. 
The 
contract may not contain a penalty for termination at any time by 
the support obligee. 
4. 
Basis of compensation. 
A collector of child support 
obligations may not impose a charge or fee for any child support 
payments 
collected 
primarily 
through 
the 
efforts 
of 
a 
governmental agency. 
Sec. 2. 32 MRSA §11002, sub-§5, as enacted by PL 1985, c. 702, 
§2, is amended to read: 
5. 
Debt. "Debt" means any obligation or alleged obligation 
of a consumer to pay money arising out of a transaction in which 
the money, property, insurance or services wa4:ea ~ 
are the 
subject of the transaction are primarily for personal, family or 
household purposes, 
whether 
or not 
the 
obligation has 
been 
reduced to judgment. 
"Debt" includes any obligation or alleged 
obligation for payment of child support owed to, or owed by, a 
resident of this State.' 
SUMMARY 
This amendment replaces the bill. 
The amendment prohibits a 
person who enters into an agreement with another to collect child 
support from charging a fee based upon current or future child 
support payments. 
Under a contract for the collection of child 
support that provides for a contingent fee, the fee may be based 
only upon unpaid past child support arrearages that are unpaid at 
the time when the contract is signed. 
It also provides that a 
person who enters into an agreement with another to collect child 
support is subject to the provisions of the Maine Fair Debt 
Collection 
Practices 
Act. 
It 
requires 
a 
detailed 
written 
contract between a support obligee and a private collector and 
prohibits 
penalties 
if 
the 
support 
obligee 
terminates 
the 
contract. 
It provides that a person who enters into an agreement 
with another to collect child support can not collect a fee for 
payments 
collected 
primarily 
through 
the 
efforts 
of 
a 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. ff:. to H.P. 1293, L.D. 1771 
governmental agency. 
Finally, 
the 
amendment amends the Maine 
Fair 
Debt Collection Practices Act 
to clarify that a 
child 
support obligation is considered a debt if either the custodial 
or noncustodial parent is a resident of this State. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02104/04 .;'/k?ae 
Office of Fiscal and Program Review 
LD 1771 
An Act Regarding Child Support Collection Practices 
LR2325(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Judicial 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
This bill may increase the number of civil suits filed in the court system. 
LR2325(2) - Fiscal Note - Page 1 of 1