An Act To Clarify the Requirements ofIncome Withholding Orders
Maine Legislature, Session 125, LD 1594
Committee Amendment CA_A_H746 (House)
Amends: 19-A MRSA §2651, 19-A MRSA §2652, 19-A MRSA §2654, 19-A MRSA §2655, 19-A MRSA §2659, 19-A MRSA §2660, 19-A MRSA §2664, 19-A MRSA §2667, 19-A MRSA §2668, 19-A MRSA §2671

COMMITTEE AMENDMENT "A" to H.P. 1199, L.D. 1594, Bill, "An Act To 
Clarify the Requirements ofIncome Withholding Orders" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 19-A MRSA §2651, as enacted by PL 1995, c. 694, Pt. B, §2 and affected 
by Pt. E, §2, is amended to read: 
§2651. Income withholding 
1. Immediate income withholding. IH any ElctioD Every support order established 
or modified under this Title or Title 22 iD which a court establishes or modifies a sapport 
order, the 6000 shall issue an is subject to immediate income withholding ertler in 
accordance with the requirements of this subchapter, unless the court finds good cause or 
approves an alternative arrangement as provided in section 2657. 
2. Immediate income withholding; modification of orders. Upon the motion of an 
obligee, an obligor or the department, the court shall modify a support order issued before 
October 13, 1993 to iD61ude an provide for immediate income withholding eraer. 
3. Immediate income withholding; implementation of orders. AD immediate 
Immediate income withholding eraer may be implemented by the department for a 
recipient of the department's support enforcement services, by a support obligee who does 
not receive the department's support enforcement services or by a support obligor. AD 
immediate Immediate income withholding erder is implemented by serving an attested 
copy of the support order, along with the notice required under section 2655, upon the 
obligor's payor of income. 
Notwithstanding this subsection, the department may 
implement immediate income withholding by serving the notice required under section 
2655 upon the obligor's payor of income without providing an attested copy of the 
support order. 
Sec.2. 19-A MRSA §2652, as amended by PL 1997, c. 537, §50 and affected by 
§62, is further amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "An to H.P. 1199, L.D. 1594 
§2652. Provisions of child support order 
An immediate income livithholding Except as provided in section 2657, a child 
support order must provide for the that the obligor is subject to immediate income 
withholding from the obligor's income of amounts payable as child support, effective 
from the date of the support order, regardless of whether child support payments by the 
obligor are past due. The INithholding support order must include: 
1. Amount withheld. The amount of income to be withheld for payment of the 
obligor's current parental support obligation; 
2. Department member number. The obligor's department support enforcemeat 
member number, if applicable, and iflrnown to the court; 
J. Payer iRstFuetieRs. An instFtictioR to the payor that, UpOR receipt of a copy of the 
INithholding order, the payor shall: 
A. Immediately begiR to withhold the obligor's income when the obligor is usually 
paitF, 
B. Send each amount withheld to the department at the address set forth in the order 
",.lithin 7 business days of the withholding; and 
C. 
IdentifY each amount seRt to the department by indicating the department's 
support enforcement member number, if Irnown; 
3-A. Notice about implementing income withholding. Notice that immediate 
income withholding can only be implemented by serving an attested copy of the support 
order, along with the notice required under section 2655, upon the obligor's payor of 
income. 
Notwithstanding this subsection. the department may implement immediate 
income withholding by serving the notice required under section 2655 upon the obligor's 
payor of income without providing an attested copy of the support order; 
3-B. Instructions. Instructions on where to obtain the payor notice required under 
section 2655; 
4. Notice regarding collection of arrearages. A notice that the income withholding 
~ 
may be used to collect arrearages in addition to current support; 
5. Limitation on withholding. A notice that the amount of the withholding may not 
exceed the limitations imposed by 15 United States Code, Section 1673(b); and 
6. Fees. A notice to the obligor and payor of income that the payor of income shall 
withhold and send to the department a fee of $2 per week in addition to the amount 
withheld for child support. 
Sec. 3. 19-A MRSA §2654, as amended by PL 1997, c. 669, §10, is further 
amended to read: 
§2654. Payor duty 
A payor of income to an obligor named in a support order subject to immediate 
withholding efder issued under this subchapter shall comply with the provisions of the 
'tvithholding order upon receipt of a copy of the order the notice required under section 
2655. The balance of income due an obligor after withholding must be paid to the 
COMMITTEE AMENDMENT 
l3 
COMMITTEE AMENDMENT .. {f, to H.P. 1199, L.D. 1594 
obligor on the day the obligor is usually paid. A payor may combine amounts withheld 
for transmittal to the department from more than one obligor if the portion attributable to 
each obligor is separately designated, except that the payor may not combine amounts if 
that action would result in an obligor's withheld income being sent to the department 
more than 7 business days from the date of withholding. 
Sec. 4. 19-A MRSA §2655, as enacted by PL 1995, c. 694, Pt. B, §2 and affected 
by Pt. E, §2, is amended to read: 
' 
§2655. Payor notice 
The department shall dev'elop and make available to the court and the public a payor 
notice, which also constitutes an income withholding order, that conforms to standard 
formats prescribed by the federal Secretary of Health and Human Services and complies 
with the requirements of the Social Security Act, Title IV -D and the regulations issued 
under that Act. 
Whene'ler the department, as obligee or as obligor implements a 
withholding order isstled ooder this stlbohapter, the p&rty thM implements the withholding 
order shall provide the obligor's payor of inoome with the payor notioe at the time of 
servioe of the withholding order. 
Sec. 5. 19-A MRS A §2657, first~, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read: 
The court may elect not to isstle an render a child support order subject to immediate 
income withholding erder under this subchapter if: 
Sec. 6. 19-A MRSA §2659, as enacted by PL 1995, c. 694, Pt. B, §2 and affected 
by Pt. E, §2, is amended to read: 
§2659. Duration of withholding 
1. 
Ended or released. 
An immediate Immediate income withholding under a 
support order is binding upon an obligor's payor of income until: 
A. The court orders withholding ended; 
B. If the withholding erder was implemented by the obligee as a private withholding 
action, the obligee releases the payor from the terms of the order in writing; or 
C. The department releases the payor from the terms of the support order in writing. 
The department shall issue a re~ease to end immediate income withholding if the 
department is unable to forward funds to the obligee for 3 months, in which case the 
department shall return the funds to the obligor. 
2. Support paid; refund. The department, or obligee if the obligee implemented the 
withholding erdeF as a private action, shall issue promptly a release of the withholding 
provisions of the support order in all cases in which there is no longer a current support 
obligation and all past-due support has been paid. 
The department or obligee, as 
applicable, shall refund the obligor amounts withheld improperly because a release is not 
issued timely. An obligee is liable to the department for amounts received from the 
department that the obligee is not entitled to receive. 
An inoome Income withholding order issued ordered under this subchapter may not be 
released or ended if the obligor has a current parental support obligation or owes a debt 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "~,, to H.P. 1199, L.D. 1594 
for past-due support, unless the court finds good cause or approves an alternative 
arrangement for payment of support in accordance with section 2657. 
Sec. 7. 19-A MRSA §2660, as enacted by PL 1995, c. 694, Pt. B, §2 and affected 
by Pt. E, §2, is amended to read: 
§2660. Priority of order 
Notwithstanding any other provision of law, aft immediate income withholding effieF 
issl:led ordered under this subchapter has priority over any previously filed attachment, 
execution, garnishment or assignment of income that is not made for the purpose of 
enforcing or paying child or spousal support. 
Sec. 8. 19-A MRS A §2662, first ~, as amended by PL 1997, c. 669, §11, is 
further amended to read: 
Upon service of aft ifflfBeEiiate ineome 'NithheIEiing orEier the notice required under 
section 2655, a payor is liable for any income that the payor knowingly fails to withhold 
and send to the department within 7 business days of the day on which the obligor is 
usually paid. The department, or obligee if the obligee implemented the withholding 
effieF as a private action, may maintain a civil action against the payor for the income the 
payor does not withhold and send to the department as required by the vlithholEling 
support order and for the imposition of any of the civil penalties provided for in this 
section, plus attorney's fees and court costs. 
Sec.9. 19-A MRS A §2662, sub-§4, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read: 
4. Discrimination against obligors. A payor who discharges from employment or 
refuses to employ an obligor or who takes disciplinary action against an obligor 
employed by the payor or who otherWise discriminates against the obligor because of the 
existence of a support order or an income withholding order or the obligations imposed 
upon the payor by the an order is subject to a civil penalty not to exceed $5,000, payable 
to the State, to be recovered in a civil action. The payor is also subject to an action by the 
obligor for compensatory and punitive damages for those actions, plus attorney's fees and 
court costs. 
Sec. 10. 19-A MRSA §2664, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read: 
§2664. Copies 
The clerk of the court shall send to the department an attested ~ copy of each order in 
which a child support obligation is established or modified and an attested eOJ3Y of the 
immediate ineome withholding orser. 
Sec. 11. 19-A MRSA §2667, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read: 
COMMITTEE AMENDMENT 
o~s 
~ 
COMMITTEE AMENDMENT "~,, to H.P. 1199, L.D. 1594 
§2667. Payor immunity 
A payor of income who honors a child support order subject to income withholding, 
an income withholding order under this subchapter or a notice under section 2655 may 
not be held liable by the obligor for income withheld in compliance with the order. 
Sec. 12. 19-A MRSA §2668, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read: 
§2668. Other remedies 
An income Income withholding order issued ordered under this subchapter is an 
additional remedy to enforce a support order and does not limit the use of other legal 
remedies that may be available for collection of child and spousal support. 
Sec. 13. 19-A MRSA §2671, as enacted by PL 1997, c. 537, §52 and affected by 
§62, is repealed.' 
SUMMARY 
This amendment replaces the bill. It amends the laws pertaining to the requirements 
of income withholding orders. It adds the requirement that the court notify any individual 
or department implementing an income withholding order of the requirement to serve the 
obligor's payor of income with both the support order that is subject to immediate income 
withholding and the payor notice required under the Maine Revised Statutes, Title 19-A, 
section 2655. It eliminates the need for the court to issue an income withholding order 
that conforms with standard formats prescribed by the federal Secretary of Health and 
Human Services and instead requires the court to instruct an obligee or an obligor seeking 
to implement a withholding order on where to obtain the payor notice. The amendment 
also requires the Department of Health and Human Services to make available to the 
public a payor notice that conforms to the standard formats prescribed by the federal 
Secretary of Health and Human Services and to notify the courts as to where an obligee 
or an obligor seeking to implement a withholding order can obtain the payor notice. 
FISCAL NOTE REQUlRED 
(See Attached) 
COMMITTEE AMENDMENT 
Approved: 02/29/12 
~a:c:. 
LD 1594 
LR 2444(02) 
An Act To Clarify the Requirements of Income Withholding Orders 
Fiscal Note for Bill as Amended by Committee Amendment '~"lli -71& J 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Department of Health and Human Services can be absorbed within existing budgeted 
resources. 
LR2444(02) - Fiscal Note - Page 1 of 1