An Act To Extend Parental Support Obligations for College Students
Maine Legislature, Session 123, LD 0989
Committee: Judiciary
Sponsors: HAYES, DILL, RECTOR, SILSBY, SIMPSON, WAGNER, HOBBINS
Amends: 19-A MRSA §1501, 19-A MRSA §1653, 19-A MRSA §2001, 19-A MRSA §2304, 19-A MRSA §2306

Legislative Document 
No. 989 
H.P.749 
House of Representatives, March 2, 2007 
An Act To Extend Parental Support Obligations for College 
Students 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative HAYES of Buckfield. 
!r/~ 
1J7.1J?dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: DILL of Cape Elizabeth, RECTOR of Thomaston, SILSBY 
of Augusta, SIMPSON of Auburn, WAGNER of Lewiston, Senator: HOBBINS of York. 
Printed on rel:y~ Jed paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 19-A MRSA §1501, sub-§3-A is enacted to read: 
3-A. Institution of higher education. "Institution of higher education" has the same 
meaning as used in Title IV of the federal Higher Education Act, as set forth in 20 United 
States Code, Section 1002(a). 
Sec. 2. 19-A MRSA §1653, sub-§8,~, as enacted by PL 1995, c. 694, Pt. B, §2 
and affected by Pt. E, §2, is amended to read: 
B. 
Aftet: Except as provided in paragraph B-1, 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 w~e of 19, whichever 
occurs first. 
Sec. 3. 19-A MRSA §1653, suh-§8, ~-1 is enacted to read: 
B-1. After January 1, 2008, if the court orders either parent to provide child suppQ!1, 
the court order must require that the child support be provided bevond the time period 
established in paragraph B if the child is attending an institution of higher education, 
until the child graduates, withdraws or is expelled from that or another institution of 
higher education or attains 22 years of age, whichever occurs first. Attendance must 
be as a full-time student and must have begun within 6 months of secondarv school 
graduation. Child support for the benefit of a child attending an institution of higher 
education may be paid directly to the institution. 
Sec. 4. 19-A MRSA §2001, sub-§l1, as enacted by PL 1995, c. 694, Pt. B, §2 
and affected by Pt. E, §2, is amended to read: 
11. Twelve through 17 years; between the ages of 12 and 18 years. The age 
categories" 12 through 17 years" and "between the ages of 12 and 18 years" as used in the 
child support table and elsewhere in the support guidelines are deemed to include a--sfl-i.k:l 
between 1 g and 19 years of age '""ho is attending a secondary school for whom an 
obligation of support is established or deemed to remain in force pursuant to Public La''''' 
1989, chapter 156.~ 
A. A child between 18 and 19 years of age who is attending a secondary school for 
whom an obligation of support is established or deemed to remain in force pursuant 
to Public Law 1989, chapter 156; and 
B. After January 1, 2008, a child between 18 and 22 years of age who is attending an 
institution of higher education for whom an obligation of support is established or 
deemed to remain in force under section 1653, subsection 8, paragraph B-1. 
Sec. 5. 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, 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 insurance coverage for each 
dependent child or to pay a proportionate share of health insurance premiums. 
The 
department may proceed on its own behalf or on behalf of another state or another state's 
instrumentality, an individual or governmental applicant for 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 within 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 I, until the child graduates, withdraws, is expelled or attains 19 years of age, 
whichever occurs first. After January 1, 2008, a parental support obligation established 
under this section continues beyond the child's 18th birthday if the child is attending an 
institution of higher education, until the child graduates, withdraws or is expelled from 
that or another institution of higher education or attains 22 years of age, whichever occurs 
first. Attendance must be as a full-time student and must have begun within 6 months of 
secondary school graduation. 
For purposes of this section, "debt for past support" 
includes a debt owed to the department under section 230 I, subsection 1, paragraph A. a 
'l'l 
debt owed under section 2103 and a debt that accrues under sections 1504 and 155<1. 
Sec. 6. 19-A MRSA §2306, sub-§4, ~D, as enacted by PL 1995, c. 694, Pt. 8, §2 
and afTected by Pt. E, §2, is amended to read: 
D. 
The child: 
(1) 
If not attending secondary school, as defined in Title 20-A, section I, 
becomes 18 years of age; 6f 
(2) If attending secondary school, as defined in Title 20-A, section 1: 
(a) Graduates, \vithdraws or is expelled from secondary school; or 
(b) Becomes 19 years of age; or 
(3) After Januarv 1, 2008, if attending an institution of higher education: 
(a) Graduates, withdraws or is expelled from that or another institution of 
higher education; or 
(b) Becomes 22 years of age; or 
SUMMARY 
This bill extends the child support obligation beyond high school if the child attends 
an institution of higher education unti I the chi Id graduates, withdraws or is expelled from 
that or another institution of higher education or reaches 22 years of age, whichever 
occurs first. The child must be a full-time student and must have begun attending the 
institution of higher education within 6 months of graduating from high school. Child 
support may be paid directly to the institution of higher education. The definition of 
I 
"institution of higher education" is that used in Title IV of the federal Higher Education 
Act.