An Act To Improve Child Support Services
Maine Legislature, Session 122, LD 1589
Committee: Health and Human Services
Sponsors: PELLETIER-SIMPSON, NASS
Amends: 15 MRSA §3314, 19-A MRSA §1615, 19-A MRSA §2006, 19-A MRSA §2009, 19-A MRSA §2103, 19-A MRSA §2201, 19-A MRSA §2304, 19-A MRSA §2358, 19-A MRSA §2451

Legislative Document 
No. 1589 
H.P.1125 
House of Representatives, April 26, 2005 
An Act To Improve Child Support Services 
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
'!rJ~ /J1.1iI~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative PELLETIER-SIMPSON of Auburn. 
Cosponsored by Senator NASS of York. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 15 MRSA §3314, sub-§5, as amended by PL 1997, c. 752, 
§23 and PL 2003, c. 689, Pt. B, §6, is further amended to read: 
5. 
Support orders. 
Whenever the court commits a juvenile 
to the Department of Health and Human Services, to a Department 
of Corrections juvenile correctional facility or to a relative or 
other person, the court may shall order either or both parents of 
the juvenile to pay 
a--~a&~aa&~e-~~-~--~~~--~e~--~he 
jyveai*e child support in accordance with the child support 
guidelines 
under 
Title 
19-A, 
section 
2006. 
The 
order 
is 
enforceable under Title 19-A, section 2603. 
Sec. 2. 19-A MRSA §1615, as enacted by PL 1997, c. 466, §3 
and affected by §28, is amended to read: 
§1615. 
Representation of department 
The commissioner may designate employees of the department 
who are not attorneys to file the record of proceedings commenced 
under this subchapter in District Court and to represent the 
department in court in ~l} those proceedings .and proceedings 
filed by other parties. 
The 
commissioner shall ensure that 
appropriate training is provided to all employees designated to 
represent the department under this subchapter. 
Sec. 3. 19-A MRSA §2006. sub-§4, as amended by PL 2003, c. 
415, §8, is further amended to read: 
4. 
Computation of parental support obligation. 
The total 
basic support obligation must be divided between the parties in 
proportion to their respective gross 
incomes. 
The 
court or 
hearing officer shall order the party not providing primary 
residential care to pay, 
in money, that party' s 
share of the 
total basic support obligation to the party providing primary 
residential 
care. 
The 
primary 
residential 
care 
provider 
is 
presumed to spend the primary care provider's share directly on 
each child. 
If the court or hearing officer determines that the 
parties provide substantially equal care for a child for whom 
support is sought, 
presumptive support must be calculated in 
accordance with subsection 5, paragraph D-l. 
Both parents are 
responsible for child support if a caretaker relative provides 
primary residential care for the child. 
The caretaker relative's 
income may not be considered in determining the parents' child 
support obligation. 
Page l-LR06l4(1) 
Sec. 4. 19-A MRSA §2006. sub-§8, 1J1JE and F, as enacted by PL 
1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to 
read: 
E. 
If each child for whom a parental support obligation is 
being established has attained 12 years of age, a specific 
sum to be paid depending on the number of minor children 
rema1n1ng 
with 
the 
primary 
care 
provider. 
Because 
the 
support guidelines are based on the actual costs of raising 
a given number of children in a household, the order must 
provide a specific dollar amount for every combination of 
minor children. 
~he Except as provided in paragraph G, the 
court or hearing officer may not apportion support between 
the parents by determining the parental support obligation 
amount and dividing by the total number of children; aRe 
F. 
If the court or hearing officer ultimately determines 
that the order for current support is to be set under 
section 2007, 
~he-ee~£~-~-~~~~~~~-&a~~~-~ReeFpeFa~e 
iR~e--t~-~-de-£--~l;s the written findings of the court or 
hearing officer in support of the deviationT~ 
Sec. 5. 19-A MRSA §2006, sub-§8, 1JG is enacted to read: 
G. 
With regard to any initial or modified 
chil~.rulQ.r.t 
order that affects more than one child and that was entered 
~re January 18, 2005, unless that order states the manner 
in which the order must be modified upon the events listed 
in subparagraphs (1) to (4), that the order be automatically 
modified pursuant to this paragraph to address any of the 
following events: 
(1) 
Any 
child 
reaches 
years 
of 
age 
and 
has 
graduated from secondary school: 
(2) 
Any child reaches 19 years of age without having 
graduated from secondary school: 
(3) 
Any child obtains an order of emancipation: or 
(4) 
Any child dies. 
As of the date of an event listed in subparagraphs (1) to 
(4), the total child support amount stated in the order must 
be decreased by the child support amount assigned to that 
child in the worksheets accompanying the child support order 
or as set forth in the order. 
Sec. 6. 19-A MRSA §2009, sub-§l, as enacted by PL 1995, c. 
694, Pt. B, §2 and affected by Pt. E, §2, is amended to read: 
1. 
Motion to modify 
support. 
A party, 
including 
the 
department, 
may 
file 
a 
motion 
to 
modify 
support. 
The 
.c.Qmmissioner may designate employees of the department who are 
not attorneys to represent the department in court proceedings to 
bear a motion to modify support filed by the department or any 
other party. 
Unless a party also files a motion to amend the 
divorce 
judgment, 
a 
petition 
to 
amend 
under 
section 
1653, 
subsection 10 or a motion for judicial review under Title 22, 
section 4038, the child support obligation is the sole issue to 
be determined by the court on a motion to modify support. 
The 
court, in its discretion, may bifurcate the support issue from 
other issues presented by the party's pleadings. 
Sec. 7. 19-A MRSA §2103, sub-§2, as enacted by PL 1995, c. 
694, Pt. B, §2 and affected by Pt, E, §2, is amended to read: 
2. 
Enforcement of support obligations. 
The department may, 
for a fee, locate absent parents, defend 
a~a,j,Bst; chilg support 
~eQ~et;,j,eBs orders, establish support obligations, seek motions to 
,j,Be~ease 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 II 1, 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. 
Sec. 8. 19-A MRSA §2201, sub-§l, as enacted by PL 1995, c. 
694, Pt. B, §2 and affected by Pt. E, §2, is amended by amending 
the last paragraph to read: 
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 by certified 
mail, 
return receipt requested, 
e~ by service in hand~ as 
specified in the Maine Rules of Civil Procedure. 
For purposes of 
this section, authorized representatives of the commissioner may 
serve the notice. 
Sec. 9. 19·A MRSA §2304, first~, as amended by PL 2001, c. 
264, §12, is further amended to read: 
When a support order has not been established or a S1,!p.,port 
order has not addressed a time period when child support may be 
~,the department 
may 
establish the 
responsible parent's 
current parental 
support obligation pursuant 
to 
chapter 
63, 
establish 
the 
responsible 
parent's 
debt 
for 
past 
support, 
including 
medical 
expenses, 
and 
establish 
the 
responsible 
parent's obligation to maintain health 
i~3urance coverage for 
each dependent child or to pay a proporti r
" 
e share of health 
insurance premiums. 
The department may proL ",-
on its own behalf 
or on behalf of another state or another stdtf' ,-
instrumentality, 
an 
individual 
or 
governmental 
applicant 
fJi' 
services 
under 
section 2103 or a person entitled by federal law to support 
enforcement services as a former recipient of public assistance. 
The department acting on behalf of another state, another state's 
instrumentality or a person residing in another state constitutes 
good 
cause 
wi thin 
the 
meaning 
of 
Title 
5, 
section 
9057, 
subsection 5. 
Notwithstanding any other provision of law, 
a 
parental 
support 
obligation 
established 
under 
this 
section 
continues 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, is expelled or attains 19 
years of age, 
whichever occurs first. 
For purposes of this 
section, "debt for past support" includes a debt owed to the 
department under section 2301, subsection 1, paragraph A, a debt 
owed under section 2103 and a debt that accrues under sections 
1504 and 1554. 
Sec. 10. 19-A MRSA §2304, sub-§4, tF, as enacted by PL 1995, 
c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read: 
F. 
That the responsible parent may appeal the decision 
wi thin 30 days of the date of mailing of the decision by 
requesting the department to hold an administrative !'eview 
appeal hearing. 
The 
decision must also state that the 
resulting 
app~al 
h~aring must be based on the evidence 
submitted at the underlying hearing, if any. 
Eyidence not 
part of the hearing record may be considered at the appeal 
hearing only if the evidence was offered but incorrectly 
excluded at the underlying hearing. 
Sec. 11. 19-A MRSA §2358, sub-§5, as enacted by PL 1995, c. 
694, Pt. B, §2 and affected by Pt. E, §2, is amended to read: 
5. 
Withhold and deliver. 
A person served with an order to 
withhold and deliver shall withhold immediately any property, 
including wages, due to or belonging to the responsible parent. 
After 20 days from the date of receipt of this order and upon 
demand of the 
commissioner, 
the property of 
the 
responsible 
parent must 
be delivered to 
the 
commissioner. 
An 
order to 
withhold and deliver issued by an out-of-state child support 
agency or court must be honored by a financial institution. 
Sec. 12. 19-A MRSA §2451, first" as enac ted by PL 1995, c. 
694, Pt. B, §2 and affected by Pt. E, §2, is amended to read: 
Within 30 days of receiving notice of any action under this 
article, 
including an administrative decision establishing an 
obligation to provide health insurance and payment for other 
medical expenses, 
aDe-~~~~-a&-aQmi£J~~~a~J¥e-~~~-that 
e i e - ~- -e-s-t-ab-l-i-sh- - aD - -eN J~J 
-€H'l- -t-o- - p Fe v iee - .fl.e.ad.~-h- -.i-n&u-r--an<;e- - aD e 
paymeR6-~eF-etheF-mee4eal-eKpeDsesT the responsible parent or the 
department may move for a review of any action under this article 
by serving a 
request for 
review, 
together with an affidavit 
stating the grounds upon which the request is based, upon the 
other party. 
The department may review any action under this 
article without proceeding under this section. 
The department 
acting on behalf of another state or its instrumentality or a 
person residing in another state constitutes good cause wi thin 
the meaning of Title 5, section 9057, subsection 5. 
SUMMARY 
This bill makes the following changes to the laws governing 
child support. 
1. 
It requires the court to order either or both parents of 
a 
juvenile to pay child support in accordance with the child 
support guidelines when the court commits 
a 
juvenile to the 
Department of Health and Human Services, to the Department of 
Corrections juvenile correctional facility or to a relative or 
other person pursuant to the Maine Juvenile Code. 
2. 
It allows the Commissioner of Health and Human Services 
to designate employees of the department who are not attorneys to 
represent the department in proceedings involving the expedited 
process for the commencement of paternity actions filed by a 
party other than the department and in proceedings to hear a 
motion to modify child support. 
3. 
It provides that both parents are responsible for child 
support if a caretaker relative provides primary residential care 
for a child. 
4. 
It provides that with regard to any initial or modified 
child support order that affects more than one child and that was 
entered before January 18, 
2005, unless that order states the 
manner in which the order must be modified upon the events listed 
in 
the 
Maine 
Revised 
Statutes, 
Title 
19-A, 
section 
2006, 
subsection 8, 
paragraph G, 
subparagraphs 
(1) to (4), 
such an 
order must 
be 
automatically modified to 
address 
any of 
the 
following events: 
any child reaches 18 years of age and has 
graduated from secondary school; any child reaches 19 years of 
age without having graduated from secondary school; any child 
obtains an order of emancipation; or any child dies. 
This change 
is made in response to the decision of the ~aine Supreme Judicial 
Court in Bartlett v. Anderson; 2005 ME 10, 8' 
'.2d 829. 
5. 
It allows the department to assis '. 
E' 
':ler party in the 
modification of a child support order. 
6. 
It 
allows 
the 
department 
to 
serve 
notice 
of 
the 
department's 
intention 
to 
submit 
an 
obligor's 
name 
to 
the 
appropriate board as a licensee who is not in compliance with an 
order of support in the same manner as a notice is served in 
connection with the revocation of a motor vehicle license under 
the Maine Revised Statutes, Title 19-A, section 2202, subsection 
2. 
7. 
It provides for the administrative establishment of a 
child support debt for a time period not specifically addressed 
by an existing court order. 
8. 
It 
clarifies 
administrative appeal of 
child support order. 
the 
permissible 
evidence 
at 
the 
a decision establishing or modifying a 
9. 
It requires that an order to withhold and deliver issued 
by an out-of-state child support agency or court be honored by a 
financial institution.