An Act To Modify Child Support Enforcement Procedures and Requirements
Maine Legislature, Session 124, LD 1459
Committee: Judiciary
Sponsors: SIMPSON
Amends: 14 MRSA §252, 19-A MRSA §1501, 19-A MRSA §1653, 19-A MRSA §2001, 19-A MRSA §2006, 19-A MRSA §2009, 19-A MRSA §2106, 19-A MRSA §2201, 19-A MRSA §2202, 19-A MRSA §2203, 19-A MRSA §2253, 19-A MRSA §2254, 19-A MRSA §230, 19-A MRSA §2308, 19-A MRSA §2361, 19-A MRSA §2662, 19-A MRSA §2670, 19-A MRSA §2674, 19-A MRSA §2675

Legislative Document 
. No. 1459 
S.P.543 
In Senate, April 14,2009 
An Act To Modify Child Support Enforcement Procedures and 
Requirements 
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. 
Reference to the Committee on Judiciary suggested and ordered printed: 
Presented by Senator SIMPSON of Androscoggin. 
P'·!·!11.'~: .'11 :~"'·\·::I.'d ".!l'\" 
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JOY 1. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People ofthc State of Maine as follows: 
Sec. 1. 14 MRSA §252, as amended by PL 1995, c. 694, Pt. D, § 13 and affected 
by Pt. E, §2 and amended by PL 2003, c. 689, Pt.- B, §6, is further amended to read: 
§252. Summary process where decree disobeyed; contempt 
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Whenever a party or the Department of Health and Human Services, if it is 
subrogated to a party under Title 19-A, chapter 65, subchapter II 2., article 3, complains in 
writing and under oath that the process, decree or order of court or a decision of the 
department pursuant to Title 19-A, s~ction 2304, which is not, except as provided in Title 
19-A, section 2101, for the payment 9f money only, has been disregarded or disobeyed _ 
by any person, summary process shall issue by order of any justice, requiring that person 
to appear on a day certain and show cause why that person sh,Ould not be adjudged guilty 
of contempt. Such a process must fix a time for answer to the complaint and may fix a 
time for hearing on oral testimony; depositions or affidavits, or may fix successive times 
for proof, counterproof and proof in rebuttal, or the time for hearing and manner of proof 
may be subsequently ordered upon the return day or thereafter. The court may for good 
cause enlarge the time for the hearing. If the person suminoned does not appear as 
directed or does not attend the hearing at the time appointed as enlarged, or if, upon 
hearing, the person is found guilty of such disregard or disobedience, the person must be 
adjudged in contempt and the court may issue a capias to bring the person before it to 
receive sentence and may punish the person by any reasonable fine or imprisonment the 
case requires. The court may allow the offender to give bail to appear at a time certain, 
when the punishment may be imposed if the person continues in contempt; but when a 
second time found guilty of contempt in disregarding or disobeying the same order or 
decree, no bail may be allowed. When the person purges that contempt, the justice may 
remit the fine or imprisonment or any portion thereof. Appeal from any order or decree or 
judgment under this section must be governed by the Maine Rules of Civil Procedure. 
Such an appeal may not suspend the enforcement of any such order or decree l,lI1less the 
court so directs . 
Sec. 2. 19-A MRSA §1501, sub-§4, as enacted by PL 1995, c. 694, Pt. B; §2 and 
affected by Pt. E, §2,is repealed. 
Sec. 3. 19-A MRS A §1501, sub-§4-A is enacted to read: 
4-A. Medical support. "Medical support" means· an amount ordered to be paid 
toward the cost of health insurance provided by a public entity or by another parent 
through employment or otherwise or for other medical costs not covered by insurance. 
Sec. 4. 19-A MRS A §1501,sub-§4-B is enacted to read: 
4-B. Private health insurance. "Private health insurance" means fee-for-service, 
health maintenance organization, preferred provider organization and other types Of 
coverage available to either parent under which medical services could be provided to a 
child. "Private health insurance'! does not include insurance that provides coverage only 
for· accidental injury, specified disease, hospital indemnity, Medicare supplement, 
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disability income, long-tenn care or other limited benefit health insurance policies and 
contracts. 
Sec. 5. 19-A MRSA §1501, sub-§4-C is enacted to read: 
4-C. Reasonable cost. "Reasonable cost" means the cost of private health insurance 
to the parent responsible for providing medical 'support that does not exceed amounts 
adopted by the Department of Health and Human Services in a rule implementing a cost-
reasonableness standard. "Cost of private health insurance" means the cost of adding the 
child to existing coverage or the difference between self-only and family coverage, unless 
that cost is determined to be unjust by a court or the Department of Health and Human 
Services. 
. 
Sec. 6. 19-A MRS A §1604, as enacted by PL 1995, c. 694, Pt. B, §2 and affected 
by Pi. E, §2, is amended to read: 
§1604. Service 
Service of a notice under section 1605 must be made by personal service in hand and 
may be made by an authorized representative of the cOrnnllssioner, or by a person 
authorized as provided for personal service of summons by the Maine Rules of Civil 
Procedure, Rule 4(d). Personal service within the State of a notice under section 1605 
may be made by an authorized representative of the commissioner. Personal service 
outside the State ofa notice under section 1605 may be made in the manner provided for' 
personal service of summons outside the State by the Maine Rules of Civil Procedure, 
Rule 4(e). ' 
Sec. 7. 19-A MRSA §1653, sub-§8, 9TC, as amended by PL 2005, c. 323, § 12, is 
further amended to read: 
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 
coverage for medical, hospitalization and dental eJcpenses the child, if reasonable cost 
private health insurance for the child is available to that parent 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, 
reasonable cost private health insurance for the child is not available at reasonable 
cost at the time of the hearing, the court order must establish the obligation to provide 
include a provision requiring at least one parent to obtain and maintain private health 
insurance on the part of at least one parent, for the child that must be effective 
immediately upon reasonable cost private healih insurance for the child being 
available at reasonable cost. 
Sec. 8. 19-A MRSA §2001, sub-§5, iiffE, as amended by PL 2003, c.123, § I, is 
further amended to read: 
( 
E. 
Gross income of an obligor does not include the amount of E! preexisting spousal 
maintenance support obligaLion Lo a ronner spouse who is not the parent of the child 
for whom SUppOlt is being deternlined ef, a preexisting child support obligation 
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actually paid pursuant to court or administrative order, or an appropriate amount of 
preexisting child support being voluntarily paid by a party who has a legal obligation 
to support that child. 
Sec. 9. 19-A MlRSA §2001, sub-§5-A, as cnacted by pi, 2007, c. 448, § 1 ,- is 
-
repealed. 
Sec. 10. 19-A MlRSA §2001, sub-§5-B, as enacted by PL 2007; c. 448, §2, is 
repealed. 
Sec. 11. 19-A MlRSA §2001, sub-§5-C,. as enacted by PL 2007, c. 448, §3, is 
repealed. 
Sec. 12. 19-A MlRSA §2006, sub-§3, ~C, as amended by PL 2003, c. 415, §7, is 
1 
further amended to read: 
C. 
If a party is paying health insurance premiums private health insurance for the 
child is available at reasonable cost, the sums actually being expended foLcost of 
private health insurance premiums for the child or children for whom support is being 
ordered must be added to the basic support entitlement to detennine the total basic 
support obligation. 
The court shall determine the pro rata share of the health 
insurance premium actually expended that is attributable to each child. For the 
purposes of this paragraph, "the cost of private health insurance" is the cost of adding 
the child to existing coverage or the difference between self-only and family 
coverage. 
Sec. 13. 19-A MRS A §2006,sub-§5, ~, as amended by PL 200]', c. 264, §4, is 
further amended to read: 
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B. 
When the parties' combined annual gross income exceeds $240,000 the highest 
income amount in the child support table, the child support table is not applicable, 
except that the basic weekly child support entitlement of a child is presumed to be not 
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less than that set forth in the table for a combined annual eoss income of $240.000 
the highest income amount in the table. 
Sec. 14. 19-A MRSA §2006, sub-§5, 'ITC, as amended by PL 2001, c. 554, §IO, 
is further amended to read: 
C. 
The subsistence needs of the. nonpriinary care provider must be taken into 
account when establishing the parental support obligation. If the annual gross income 
of the nonprimary care provider is less than the federal poverty guideline, the 
nonprimary care provider's weekly parental support obligation for each child for 
whom a support award is being established or modified may not exceed 10% of the 
nonprimary care provider's weekly gross income, regardless of the amount of the 
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parties' combined annual gross inco'me. 
The child support table includes a self-
support reserve for obligors earning less than $12,6@0 per year within each age 
category. If, within au age category-, the n'Onpnmary care provider's annual gross 
income, without adjustments, is in the self-support reserve, for the total number of 
children for whom support is being detennined, the amount listed in the table for the 
number of children is self-support reserve multiplied by the number of children in the 
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age category is the nonprimary care provider's Baffi.e support obligation for the 
children in that age category, regardless of the parties' combined annual gross 
income. 
The nonprimary care provider's proportional share of childcare, health 
insurance premiums and' extraordinary medical expenses are added to this basic 
support obligation. This paragraph does not apply if its application would result in a 
greater support obligation than a support obligation determined without application of 
this paragraph. 
Sec. 15. 19-A MRS A §2006, sub-§8, ~F, asarriended 'by PL 2005, c. 352, §4, is 
~rther amended to read: 
F.' 
If the court or hearing officer .ultimately determines that the order [or current 
support is to be set under section 2007, the written findings of the court or hearing 
officer in support of the deviation; imd 
Sec. 16. 19-A MRSA §2006, suh-§8, c;lG, as enacted byPL 2005, c. 352, §5, is 
amended to read: 
G. 
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 
mmmer 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 18 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 c)Jild obtains an order of emancipation; or 
(4) Any child dies. 
As of the date of an event listed in subparagraphs (1) to (4), t!1e 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 order7; and 
Sec. 17. 19-A MRSA §2006, sub-§8, ~H is enacted to read: 
H. A requirement that private health insurance must be. provided for the benefit of 
the child, if private health insurance for the child is available at reasonable cost. If 
private health insurance for the child is not available at reasonable cost at the time of 
the hearing, a requirement that private health insurance for the child must be provided 
effective itmnediately upon being available at reasonable cost. 
Sec. 18. 19-A MRSA§2009, sub.;.§l-A is enacted to read: 
I-A. Motion to modify bv department. When a parent receives public assistance 
for.the benefit of a dependent child, the department may file a motion to modify support 
regardless of whether the parent has been allocated the primary residential care of the 
dependent child pursuant to chapter 55. 
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Sec. 19. 19-A MRSA §2009, sub-§4, as enacled by PL 1995, c. 694, Pt. B, *2 
and atfected by Pc E, §2, is repealed . 
Sec. 20. 19-:\ MRSA §2009, sub-§4-A is enacted to read: 
4-A. Service. Except as otherwise provided in this subsection; service of a motion to 
luodify support must be made in the mannerprovicled for .service of summons by the 
Maine Rules of Civil Procedure, Rule 4. For the purpose ofthis subsection, this service 
must be deemed to be an action pursuant to Chapter XIII of the Maine Rules of Civil 
Procedure. When the departri1e~t is providing child support services, personal service' 
within the State of a motion' to ,modify support may be made by authorized 
. representatives of the commissioner. Serviceofthe motion must be accompanied by: 
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A. A notice that the court may enter an order without hearing if the party does not 
request a hearing; 
B .. A notice of the right to request a hearing; , 
C. A notice of the requirement of mediation prior to a hearing; 
D. The income affidavit of the moving party or the party receiving the assistance of 
the department, as well as the responding party's affidavit, if available; 
E. A proposed order, incorporating the child support worksheet; and 
F. Any stipulation entered into by the parties. 
20. 
Sec.21. 19-A MRSA §2106, sub.-§l, as amended by PL 2001, c. 554, §12, is 
further amended to read: 
'I. Enrollment of d.ependent children in employer health plans. If a parent is 
required by a support order to provide health care coverage private health insurance for a 
child and the parent is eligible for family health care coverage health insurance through 
an employer doing business in the Stat~ then; ~pon application by either parent or notice 
from the court or the department, the employer or plan administrator shall enroll the 
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child, if otherwise eligible, in the employer health plan without regard to any enrollment 
season restrictions, except as provided by subsection 2. If the employer offers more than 
one plan, the employer or plan administrator shall enroll the child in the plan in which the 
employee is enrolled or, if the employee is not enrolled,. in the least costly plan otherwise 
available, if the plan's services are available where the child resides. If the services of the 
employee's plan or the least costly plan are not available where the child resides, the 
employer or plan administrator, shall enroll the child in the least costly plan that is 
available where the child resides. If the plan requires that the participant be enrolled in 
order for the child to be enrolled, and the partiCipant is not currently enrolled, the 
employer or the plan administrator must enroll both the participant and the child. The 
36, 
enrollments must be without. regard to open season restrictions. 'The court or the 
department shall order health care coverage using the may issue to a parent's employer or 
other payor of income a medical support notice to enforce a parent's obligation to obtain 
or maintain health insurance coverage or other health care services for each dependent 
child of the parent. The format of the medical support notice must be the federal National 
Medical Support Notice as required by the Child Support Performance and Incentives Act 
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of 1998, Public Law 105-200, 42 United States Code, .Section666(a)(l9)(A) and the 
federal Employee Retirement Iricome Security Act of 1974, 29 United States Code, 
Section 1 169(a)(5)(C). The employer or other payor of income shall complete Part A of 
the National Medical Support Notice and the plan administrator shall complete Part B. 
·Sec. 22 .. 19-A MRSA §2106, sub~§4, as amended by PL 2001, c. 554, § 13, is 
further amended to read: 
4. Answer. The employer shall respond within 20 days to a parent who requests 
enrollment or, if a medical support notice has been issued, to the court or the department 
within 20 days and confirm: 
A. 
That the child has been enrolled in the employer's health plan; 
B. 
The date when the child will be enrolled, if enrollment is pending; or 
. 
C. 
That coverage can not be provided, stating the reasons why coverage can not be 
provided. 
Sec. 23. 19-A MRSA §2201, sub-§l, as amended by PL 2005, c. 352, §8, is 
further amended to read: 
1. Notice. The department may serve notice upon a support obligor who is not in. 
compliance with an order of support that infonns 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 infonn the obligor that: 
A. 
The obligor may request an administratIve hearing to contest the issue of 
compliance; 
B. 
A request for hearing must be made in writing and must be received by the 
department within 20 days of service; 
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; 
D. 
If the obligor does not request a hearing within 20 days of service a~d 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; 
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 
tina I detennination within the meaning of Title S, section 10002; 
F. 
If the obligor files a motion to modify support with the court or requests the 
department to amend a support obligation established by an administrative decision, 
the department shall stay action to certify the obligor to a board for noncompliance 
with an order of support; and 
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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 paymen,t agreement with 
the department; and 
(3) Meeting the obligor's health insurance obligation. 
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 obiigor's order of support to the notice. Service of the notice 
must be made by certified mail, return receipt requested, by' service in hand, or as 
specified in the manner provided for service of summons by the Maine Rules of Civil 
Procedure, Rule 4. For purposes of this section 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 
reoresentatives representative of the commissioner may serve the notice. 
Sec. 24. 19-A MRSA §2201, sub-§15, as amended by PL 2003, c. 396, §8, is 
repealed. 
Sec. 25. 19-A MRSA §2202, sub-§2, as enacted by PL 1995, c. 694, Pt. B, §2 
and affected byPt. E, §2,is amended to read: 
2. Notice. The commissioner may serve notice upon a support obligor who is not in 
compliance with an order of support that informs the obligor of the commissioner's 
intention to certify the obligor to the Secretary of State as an individual who is not in 
compliance with an order of support. The notice must inform the obligor that: 
A. 
The obligor may contest the issue of compliance at an administrative hearing; 
B. 
A request for hearing must be made in writing and must be received by the 
department within 20 days of service; 
C. 
If the obligor requests a hearing within 20 days of service, the department shall 
. 
stay the action to certify the obligor to' the Secretary of State for noncompliance with 
an order of support pending a decision after hearing; 
D. 
If the obligor does not timely request a hearing to contest the issue of 
compliance and does not obtain a written confirmation of . compliance from the 
department, the commissioner shall certify the obligor to the Secretary of State for 
. noncompliance with an order of support; 
. 
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E. 
If the commissioner certifies the obligor to the Secretary of State, the Secretary 
of State must suspend any motor vehicle operator's licenses that the obligor holds and 
the obligor's right to apply for or obtain a motor vehicle operator's liGense; 
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F. 
If the obligor requests a hearing, the obligor shall direct the request to the 
department's support enforcement office that is responsible for handling the obli~or's 
case; 
G. 
If the obligor files a motion to modify support with the court or requests the 
department to amend a support obligation established by an administrative decision, 
the department shall stay action to certify the obligor to the Secretary of State for 
noncompliance with an order of support; and 
H. 
The obligor can comply with an order of support by: 
(l) 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. 
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 for the obligor 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. The 
notice must be served by certified mail,retum receipt requested, by service in hand, or as 
specified made in the manner provided for service of surrunons by the Maine Rules of 
Civil Procedure, Rule 4. For purposes of this section subsection, this notice 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 
Qy an authorized representative of the commissioner may serve the notice. 
Sec. 26. 19-A MRSA §2202, sub-§12,.as enacted by PL 1995, c. 694, Pt B, §2 
and affected by Pt E, §2, is repealed. 
Sec. 27. 19-A MRSA §2203, sub-§5, as enacted by PL 1995, c. 694, Pt B, §2 
and affected by Pt E, §2, is amended to read: 
5. 
Sheriff or levying officer. 
An order to seize and sell may be sent by the 
department to a county sheriff or levying officer. . '."Alhen the order is issued, the 
department shall serve a copy of the order on all persons other than the obligor v/ho the 
department lrnmvs have an ovmership interest in the property identified in the order. If 
personal service is unsuccessful, the department shall mail the order to the person's last 
!mown address by regular mail. Upon receipt of the order, the sheriff or levying officer 
shall proceed to execute the order in the same manner as prescribed for execution of a 
judgment A sheriff or levying officer shall return the order, along with any funds 
collected, to the department within 90 days of the receipt of the order. Funds resulting 
from execution of the order must first be applied to the sheriffs or levying officer's costs, 
then to any superiOr liens and then to the support lienoro~her money qbligation and any 
inferior liens of which the department has notice. 
Any amounts in excess of this 
distribution must be paid to the obligor. If the order is returned not fully satisfied,. the 
department has the same remedies to collect the deficiency as are available for any civil 
judgment. 
Sec. 28. 19-A MRSA §2203, sllb-§6, as enacted by PL 1995, c. 694, Pt. B, §2 
and affected by Pt. E, §2, is amended to read: 
6. 
Right to hearing. ~ 
At least 20 calendar days before the sale, the 
department shall serve a copy of the order on the obligor and all other persons that the 
department knows have an ownership interest in the property identified in the order. 
Service of an order under this subsection 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 service must be deemed to be an action pursuant to Chapter XIII of the 
Maine Rules of Civil Procedure. Personal service within the State of a copy of the order 
may be made by an authorized representative of the commissioner. The obligor and any 
other persons who clairri an ownership interest in the property seized under an order to 
seize and sell have a right to an administrative hearing to contest the seizure and sale of 
the property and to establish the value Of their relative interest in the property. A request 
for a hearing must be in writing and must be received by the department within 10 
calendar days of the seizure service of a copy of the order. Upon receiving a request for a 
hearing, the department shall notify all persons who the department has reason to believe 
have ail ownership interest in the property of the time, place and nature ofthe hearing. 
A. . 
Anyone requesting a hearing has the right to a preliminary hearing within 5 
business days of the hearing request. 
At the preliminary hearing, if the hearing 
officer determines that there is reasonable ground to believe the seizure was lawful 
and that the obligor owes a support debt that could be satisfied in whole or in part by 
nonexempt property that has been seized, the hearing officer shall require the seizure 
to remain in force and schedule a final hearing, allowing all parties reasonable time to 
collect evidence and prepare for the final hearing. If the hearing officer determines 
that"the seizure was not lawful or that the obligor does not owe a support debt that 
could be satisfied in whole or in part by nonexempt property that has been seized, the 
hearing officer shall declare the order to seize and sell void. 
B. 
The department shall notify any person who the department has reason to believe 
has an ownership interest in the seized property of the time and place of the final 
hearing. At the final hearing, the hearing officer shall determine: 
(1) Whether the obligor owes a support debt; 
(2) Whether the support debt could be satisfied in whole or in part by the 
property seized; 
(3) The percentage share of ownership of all· persons claiming an ownership 
interest in the property; 
(4) The amount of the debtor's interest in the property that is exempt; and 
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(5) The value of the interest in the property owned by nonobligor parties with an 
interest superior to that of the department. 
Sec. 29. 
19-A MRSA §2253, as enacted by PL 1995, c. 694, Pt. B, §2 and 
. affected by Pt. E, §2, is repealed. 
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Sec. 30. 19-A MRSA §2254, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, 92, is amended to read: . 
~2254. Service 
Service of a notice, order or lien descIibed in this article may must be by certified 
mail, return receipt requested, by service in hand as specified in civil actions or by 
publication as specified in civil act~ons made in the manner provided for service of 
sunUl10ns by the Maii1e Rules Of Civil Procedure, Rule 4. For tfle purposes of this aHiele 
efrly, section, this service must be deemed to be an action pursuant to Chapter XIII of the 
Maine Rules of Civil Procedure. Personal service. within the State of a notice, order or 
lien described in tIlls article may be made bv an authorized representatives representative 
of the cOmnUssioner may serve a notice or lien described in this article. 
. 
. 
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1. Date of ser'."ice. Service is 'completed ';.,.hen the certified mail is receivf,!d or 
refused, or ,,,,,hen specified in civil actions for service in hand or by publication. 
~nlneb banl.s. 
Service on a banle or other financial institution maintaining 
branch offices is only effective as to the accounts, credits or other personal property of 
the resDonsible Darent in the Darticular branch.on '""hich service is made. 
Sec. 31. 19-A lViRSA §2306, sub-§9 is enacted to read: 
9. Responsible person liability. A person who is responsible for a payor's duty to 
comply with a withholding order issued under this section and who willfully fails to send 
withheld eamings to the department within 7 business days of the day on which the payee 
. is usually paid is jointly and severally liable underthis section for the amount of any 
. earnings not sent and for any civil penalties, attorney's fees and court costs imposed under 
this section. 
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Sec. 32. 19:-A MRSA §2308, sub-§l, as amended by PL 2001, c. 554, §14, is 
further amended to read: . 
1. Issuance of notice. The department,on its own behalf, on behalf of a custodial 
parent who applies for the department's support enforcement services or on behalf of 
another state's Titie N-D agency, political' subdivision or agent, may issue 'to a 
responsible pan~nt's employer or other payor of income a medical support notice to 
enforce a responsible parent's obligation to obtain or maintain health insurance coverage 
or other health care services for each dependent child of the responsible parent. The. 
medical support notice must be in the format of the federal National Medical Support 
Notice as required by the Child Support PerfoI1'r1ance' and Incentives Act of 1998, Public 
Law 105-200, 42 United States Code, Section 666(a)(19)(A) and the federal Employee 
Retirement Inc:ome Security Act of 1974, 29 United States Code, Section 1169(a)(5)(C). 
The employer or other payor of income shall complete Part A of the National Medical 
Support Notice and the plan adininistrato'r shalrcomplete Part B. 
Sec. 33. 19-A MRS A §2308, sub":§6, as' amended byPL 2001, c. 554, §14, is 
, further amended to read: 
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6. Mistake of fact; affirmative defenses. A responsible parent may claim a mistake 
of fact or assert affirmative defenses to contest the issuance of a medical support notice. 
The department shall establisb by rule art administrative process for reviewing claims of 
lnistake and investigating affirmative -defenses. 
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Sec. 34. 19-A MRSA §230S, sub-§14, as amended by PL 2001, c. 554, §14, is 
further amended to read: 
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·14. Employee protected. An employer who discharges, refuses to employ or takes 
.·disciplinary action against a responsible parent, or who otherWise discriminates against 
. t£atE! parent because of the existence of the medical support notice or the obligation the 
medical support notice imposes upon the empioyer, is subject to a civil penalty of not 
more than $5,000 payable to the State, to be recovered in a civil action. The employer is 
also subject to an action by the responsible parent for compensatory and punitive 
damages, plus attorney's fees and court costs. 
Sec. 35. 19-A MRSA §2308, sub-§15, as amended by PL 2001, c. 554, §14, is 
further amended to read: 
15. Service. A medical support notiee must be served on the responsible parent's 
employer or other payor of earnings. Service may be by certified mail, return receipt 
requested, by an authorized representative of the commissioner, by personal service as 
permitted must be made in the manner provided for service of summons by the Maine 
Rules of Civil Procedure, Rule 4 or as otherwise permitted by sections 2253 and 2254. 
For purposes of this subsection, this service must be deemed to· be an action pursuant to 
Chapter XIII of the Maine Rules of Civil Procedure. Personal service within the State of 
a copy of the notice may be made by an authorized representative of the commissioner: 
The department shall send a copy of the medical·support notice to the responsible parent 
at the resDonsible parent's most recent address of record. 
. Sec. 36. 19-A MRSA §2361, suh-§l, as amended by PL 1997, c. 466, §23 and 
affected by §28, is further amended to read: 
1. Order. The commissioner may commence an action under Title 14, chapter 502 
by directing a responsible parent to appear before the department to disclose under oath 
infonnation that relates to the responsible parent's ability to pay child support. The 
commissioner may require a: responsible parent who is directed to appear to provide 
documents, papers and other evidence about the responsible parent's income and assets 
for the purpose of enforcing a support order. A:E: Notwithstanding section 2254, an order 
to· appear and disclose must be served on the responsible parent by personal service as 
provided for personal service of summons by the Maine Rules of Civil Procedure, Rule 
4@. Personal service. within the State of an order to appear and disclose may be made by 
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an authorized representative of the commissioner. Personal service outside the State of 
an order to appear and disclose may be made iIi the manner provided for personal service 
of summons outside the State by the Maine Rules of Civil Procedure, Rule 4(e). 
Sec. 37. 19-A MRS A §265S, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read: 
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§2658. Service of process 
Service under this subchapter may must be by certified mail or in accordance "'lith the 
requirements of made in the manner provided for service of summons by the Maine Rules 
of Civil Procedure, Rule 4. The department may serve an income withholding order as 
provided in section 2254. For purposes of thi s 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. 
Sec. 38. 19-A MRSA §2662, sub:"§5 is enacted to read: 
5. Responsible person liability. A person who is responsible for a payor's duty,to 
comply with the provisions of an income withholding order issued under this SUbchapter 
and who willfully fails to send withheld income to the department within 7 business days 
of the day on which the obligor is usually paid is jointly and severally liable under this 
section for the amount of any income not sent and for any civil penalties, attorney's fees 
and court costs imposed under this section. 
Sec. 39. 19-A MRSA §2670, sub-§l, as enacted by PL 1997, c. 537, §51 and 
'affected by §62, is amended to read: 
1. Use of this State's income withholding law. When a payor receives an income 
withholding order issued' by another state for an obligor whose principal place of 
employment is in this State, the payor shall apply the income withholding law of the state 
of the obligor's principal place of employment provisions of this subchapter when 
detennining: 
A. 
The payor's fee for processing an income withholding order; 
B. 
The maximum amount pennitted to be withheld from the obligor's income; 
C. 
The time in which the payor must implement the income withholding order and 
forward the child support payment; 
D. 
The priorities for withholding and allocating income withheld for multiple child 
support oblige~s; and 
E. 
Any withholding terms or conditions not specified in the order. 
Sec. 40. 19-A MRSA §2674 is enacted to read: 
§2674. Maximum amount permitted to be withheld 
The maximum amount pennitted to be withheld from the obligor's income must be 
detennined in accordance with section2356,.' 
Sec.41. 19-A MRSA §2675 is enacted to read: 
,§2675. Allocating iocomewithheld for multiple child support obligees 
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. 
Sec. 42. Rules. The Department of Health and Human Services shill adopt rules 
regarding reasonable cost as described in the Maine Revised Statutes, Title 19-A, section 
1501, subsection 4-C. Rules adopted pUrsuant to this section are routine technical rules 
'14 
pursuant to Title 5, chapter375, subchapter 2-A. 
SUMMARY 
This bill makes the following changes to the laws governing child support 
enforcement. 
1: It authorizes a court to issue summary process for contempt if an administrative 
child support order has been disregarded or disobeyed. 
2. It repeals the definition of "reasonable cost health insurance" and replaces it with 
definitions for "medical support," "private health insurance" and "reasonable cost" in 
accordance with final federal regulations for medical support in child. support 
enforcement programs. 
3. It clarifies that service of a notice in the expedited paternity process must be made 
in accordance with the requirements for personal service provided by Rule 4(d) of the 
Maine Rules of Civil Procedure. 
4. It implements requirements of final federal regulations for medical support in 
child support enforcement programs. 
5. It deletes the requirement that the amount of support in a child support order be 
"actually paid" before it can be excluded from the calculation of gross income for the 
purpose of calculating support for another child. 
6. It repeals definitions of "health plan," "medical care costs" and "medical support" 
pursuant to requirements of final federal regulations for medical support in child support 
enforcement programs. 
7. 
It implements requirements of [mal federal regulations for medical support in 
child support enforcement programs. 
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8. It extends the application of the child support table to the "highest income amount 
in the child support table.'" 
9. It extends the application of the self-support reserve in the child support table to 
incomes greater than $12,600. 
10. It authorizes a process by which the Department of Health and Human Services 
may seek child support from a parent regardless of whether there is an order granting 
primary residential care of the child to that parent if the other parent is receiving public 
assistance for the child. 
11. It clarifies that service of a motion to modify support is made in the manner as· is 
provided for service of process by the Maine Rules of Civil Procedure, Rule 4. 
12. It clarifies that service of a notice of intention to certify that an obligor is not in 
compliance with a support order and therefore may have that obligor's license revoked or 
suspended is made in the same manner as is provided for service of process by the Maine 
Rules of Civil Procedure,Rule 4. 
13. 
It repeals specific biennial reporting requirements by the department to the 
Governor and Legislature regarding administrative license revocation. 
14. It requires a 20-day notice to an obligor and other interested parties before the 
sale of any property seized under an order to seize and sell and that service of the notice 
be made in the same manner .as is provided for service of process by the Maine Rules of 
Civil Procedure,Rule 4. 
15. It clarifies that service of an administrative support enforcement notiCe, order or 
lien is made in the same manner as is provided for service of process by the Maine Rules 
of Civil Procedure, Rule 4. 
16. It creates joint and several liability of a responsible person for failure to timely 
send to the. department support payments that have been withheld pursuant to a 
withholding order. 
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17. It clarifies that service of an order to appear and disclose must be made in 
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accordance with the requirements for personal service provided by the Maine Rules of 
Civil Procedure, Rule 4(d). 
18. It clarifies that service of an income withholding order for support is made in the 
same manner as is provided for service of process by the Maine Rules of Civil Procedure, 
Rule 4. 
19. It clarifies what income withholding law applies to a withholding order issued by 
another state for an obligor whose principal place of employment is this State. 
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20. It clarifies that the maximum amount pennitted to be withheld from an obligor's 
income is the same regardless of whether the withholding order is issued administratively 
or by a court 
21. It establishes, in accordance with the requirements of the Unl i,'nn Interstate 
Family Support Act as enacted in this State, the law of this State regardl;~'l priority and 
allocation of income withheld for 2 or more child support obligees. 
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