An Act Requiring Payment of Child Support by Incarcerated Individuals
Maine Legislature, Session 121, LD 0581
Committee: Judiciary
Sponsors: TRAHAN, DUNLAP, HALL
Amends: 19-A MRSA §2006, 19-A MRSA §2009

Legislative Document 
No. 581 
H.P.444 
House of Representatives, February 11,2003 
An Act Requiring Payment of Child Support by Incarcerated 
Individuals 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative TRAHAN of Waldoboro. 
'/rj~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representative: DUNLAP of Old Town, Senator: HALL of Lincoln. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 19-A MRS A §2001. sub·§5, 1JD. as enacted by PL 1995, c. 
694, Pt. B, §2 and affected by Pt. E, §2, is amended to read: 
D. 
Gross 
income may include the difference between the 
amount a party is earning and that party's earning capacity 
when the party voluntarily becomes or remains unemployed or 
underemployed, 
if 
sufficient 
evidence 
is 
introduced 
concerning 
a 
party's current earning capacity. 
In 
the 
absence of evidence in the record to the contrary, a party 
that is personally providing primary care for a child under 
the age of 3 years is deemed not available for employment. 
The court shall consider anticipated child care and other 
work-related 
expenses 
in 
determining 
whether 
to 
impute 
income, or how much income to impute, to a party providing 
primary care to a child between the ages of 3 and 12 years. 
A 
Except as provided in section 2006, 
subsection 
and 
section 2009, subsection 9, a party who is incarcerated in a 
correctional or penal institution is deemed available only 
for employment that is available through such institutions. 
Sec. 2. 19-A MRSA §2006, sub-§5, tF is enacted to read: 
F. 
If one of the parties is incarcerated in a correctional 
or penal institution for 
committing a 
crime against the 
other party or the child for whom a support order is being 
sought, 
the 
reduction 
1n the 
incarcerated party's gross 
income because of the incarceration may not be taken into 
account in determining child support. 
Sec.3. 19-A MRSA §2009. sub·§9 is enacted to read: 
9. 
Incarceration 
for 
crime 
against 
child 
or 
party. 
Incarceration in a correctional or penal institution for a crime 
committed against the obligee or the child that may result in a 
change in the obligor's gross 
income does not qualify as 
a 
substantial change of circumstances under this section and may 
not be used as a factor to reduce the child support obligation of 
the obligor. 
SUMMARY 
This bill addresses the issue of child support after a 
person commits a crime against the child or the person to whom 
the child support is paid on behalf of the child. 
This bill 
amends the child support laws to ensure that the appropriate 
Page l-LROOI8(1) 
child support obligation is established and continues. 
If the 
child support obligor commits such a crime and is incarcerated, 
the fact that the incarceration results in a reduction in the 
obligor's gross income does not lead to a reduction in the child 
support obligation as initially established or when sought to be 
modified. 
This 
bill 
provides 
that 
the 
incarceration 
and 
resulting decrease in income do not qualify as 
a 
substantial 
change in circumstances necessary to modify an existing child 
support order. 
Incarceration may not be used as 
a 
factor to 
reduce child support when the incarceration is based on a crime 
committed against the obligee or the child.