An Act To Clarify the Requirements of Income Withholding Orders
Maine Legislature, Session 125, LD 1594
Committee: Judiciary
Sponsors: NASS
Amends: 19-A MRSA §2651, 19-A MRSA §2652, 19-A MRSA §2655, 19-A MRSA §2671

Legislative Document 
No. 1594 
H.P. 1199 
House of Representatives, November 30, 2011 
An Act To Clarify the Requirements of Income Withholding Orders 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on November 28, 2011.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative NASS of Acton. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  19-A MRSA §2651, sub-§3, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read: 
3.  Immediate income withholding; implementation of orders.  An immediate 
income withholding order 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.  An immediate 
income withholding order is implemented by serving an attested copy of the order, along 
with the notice required under section 2655, upon the obligor's payor of income. 
Sec. 2.  19-A MRSA §2652, sub-§3, as amended by PL 1997, c. 537, §50 and 
affected by §62, is further amended to read: 
3.  Payor instructions.  An instruction to the payor that, upon receipt of a copy of the 
withholding order and the notice required under section 2655, the payor shall: 
A.  Immediately begin to withhold the obligor's income when the obligor is usually 
paid; 
B.  Send each amount withheld to the department at the address set forth in the order 
within 7 business days of the withholding; and 
C.  Identify each amount sent to the department by indicating the department's 
support enforcement member number, if known; 
Sec. 3.  19-A MRSA §2652, sub-§§5 and 6, as enacted by PL 1995, c. 694, Pt. 
B, §2 and affected by Pt. E, §2, are amended to read: 
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.; and 
Sec. 4.  19-A MRSA §2652, sub-§7 is enacted to read: 
7.  Notice of income withholding order.  A notice that when the department, an 
obligee or an obligor implements a withholding order issued under this subchapter, the 
party that implements the withholding order is required to provide the obligor's payor of 
income with the payor notice required under section 2655 at the time of service of the 
withholding order and instructions on where to obtain the payor notice. 
Sec. 5.  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 develop and make available to the public a payor notice 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.  Whenever the department, an obligee or an obligor 
implements a withholding order issued under this subchapter, the party that implements 
the withholding order shall provide the obligor's payor of income with the payor notice at 
the time of service of the withholding order. 
The department shall make available to the courts the payor notice required under this 
section and notify the courts as to where an obligee or an obligor seeking to implement a 
withholding order issued under this subchapter can obtain the required payor notice. 
Sec. 6.  19-A MRSA §2671, as enacted by PL 1997, c. 537, §52 and affected by 
§62, is repealed. 
SUMMARY 
This bill amends the laws pertaining to the requirements of income withholding 
orders.  It adds the requirement that the court notify any individual or department 
implementing a withholding order of the requirement to serve the obligor's payor of 
income with both the income withholding order 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 bill 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.