An Act To Make Technical Changes to the Laws Governing Child Support
Maine Legislature, Session 127, LD 1562
Committee: Judiciary
Sponsors: BURNS, HOBBINS
Amends: 19-A MRSA §1653, 19-A MRSA §2001, 19-A MRSA §2006

Legislative Document 
No. 1562 
S.P. 614 
In Senate, January 14, 2016 
An Act To Make Technical Changes to the Laws Governing Child 
Support 
(EMERGENCY) 
Submitted by the Department of the Attorney General pursuant to Joint Rule 203. 
Reference to the Committee on Judiciary suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator BURNS of Washington. 
Cosponsored by Representative HOBBINS of Saco. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the Maine Parentage Act and changes to rules governing the child support 
table take effect July 1, 2016; and 
Whereas, it is necessary for corrections to the child support guidelines to take effect 
on the same date that the Maine Parentage Act and changes to rules governing the child 
support table take effect; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  19-A MRSA §1653, sub-§13, as enacted by PL 1995, c. 694, Pt. B, §2 
and affected by Pt. E, §2, is repealed. 
Sec. 2.  19-A MRSA §2001, sub-§1, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read: 
1.  Basic support entitlement.  "Basic support entitlement" means the sum derived 
from the child support table appropriate to the age of for each child and the parties' gross 
income. 
Sec. 3.  19-A MRSA §2001, sub-§11, as enacted by PL 1995, c. 694, Pt. B, §2 
and affected by Pt. E, §2, is repealed. 
Sec. 4.  19-A MRSA §2006, sub-§1, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read: 
1.  Determination of basic support entitlement.  After the court or hearing officer 
determines the annual gross income of both the parties, the 2 incomes must be added 
together to provide a combined annual gross income and applied to the child support table 
to determine the basic support entitlement for each child.  If there are more than 2 legal 
parents, the incomes of all legal parents must be added together to provide a combined 
annual gross income for purposes of determining the basic support entitlement for each 
child. 
When there is a child within each age category, the The court or hearing officer shall 
refer to the table and locate the figure in the left-hand column that is closest to the 
parents' combined annual gross income.  In each age category the The court or hearing 
officer shall determine the dollar figure for the total number of children for whom support 
is being determined, and multiply the dollar figure in each age category by the number of 
children in that category and add the 2 products.  The resulting dollar amount represents 
the basic support entitlement. 
Sec. 5.  19-A MRSA §2006, sub-§4, as amended by PL 2005, c. 352, §3, is 
further amended to read: 
4.  Computation of parental support obligation.  The total basic support obligation 
must be divided between the all parties in proportion to their respective gross incomes.  
The court or hearing officer shall order the each 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-1.  Both All parents are equally 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. 
Sec. 6.  19-A MRSA §2006, sub-§5, ¶A, as amended by PL 2015, c. 186, §3, is 
further amended to read: 
A.  When the a parent who is not the primary care provider is legally obligated to 
support a child in that party's household other than the child for whom a support order 
is being sought, an adjustment must be made to that party's parental support 
obligation.  The adjustment is made by using the nonprimary residential care 
provider's annual gross income to compute a theoretical support obligation under the 
support guidelines for each child in that household.  Neither the child support 
received by nor the financial contributions of the other parent parents of each child in 
the household are considered in the theoretical support calculation.  The obligation is 
then subtracted from the annual gross income, and the adjusted income is the amount 
used to calculate support.  The adjustment is used in all appropriate cases. 
Sec. 7.  19-A MRSA §2006, sub-§5, ¶C, as amended by PL 2011, c. 34, §2, is 
further amended to read: 
C.  The subsistence needs of the nonprimary care provider providers must be taken 
into account when establishing the parental support obligation.  If the annual gross 
income of the a nonprimary care provider is less than the federal poverty guideline, 
the that nonprimary care provider's weekly parental support obligation may not 
exceed 10% of the that nonprimary care provider's weekly gross income, regardless 
of the amount of the parties' combined annual gross income.  The child support table 
includes a self-support reserve for obligors earning  $22,800 or less per year.  If, 
within an age category, the a nonprimary care provider's annual gross income, 
without adjustments for children in the household, is in the self-support reserve for 
the total number of children for whom support is being determined, the amount listed 
in the self-support reserve multiplied by the number of children in the age category is 
the that nonprimary care provider's support obligation for the children in that age 
category, regardless of the parties' combined annual gross income.  The nonprimary 
care provider's providers' proportional share of childcare child care, 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. 8.  19-A MRSA §2006, sub-§5, ¶D, as amended by PL 2003, c. 415, §9, is 
further amended to read: 
D.  When any of the parties have equal annual gross incomes and provide 
substantially equal care for each child for whom support is being determined, neither 
party is none of those parties are required to pay the other any other of those parties a 
parental support obligation.  The Those parties shall share equally the child care 
costs, health insurance premiums and uninsured medical expenses. 
Sec. 9.  19-A MRSA §2006, sub-§5, ¶D-1, as enacted by PL 2003, c. 415, §10, is 
amended to read: 
D-1.    When the parties do not have equal annual gross incomes but provide 
substantially equal care for each child for whom support is being determined, the 
presumptive parental support obligation must be determined as follows. 
 (1)  The enhanced support entitlement for each child must be determined. 
 (2)  Using the enhanced support entitlement, a parental support obligation for 
each child must be determined by dividing the total enhanced support obligation 
between among the parties in proportion to their respective gross incomes. 
 (3)  The A party with the a higher annual gross income than another party has a 
presumptive obligation to pay the other party the lower of: 
 (a)  The difference between their parental support obligations as calculated 
in subparagraph (2); and 
 (b)  The presumptive parental support obligation determined for the payor 
party using the basic support entitlement under the support guidelines as 
though the other party provided primary residential care of the child. 
 (4)  The parties shall share the child care costs, health insurance premiums and 
uninsured medical expenses in proportion to their incomes. 
Sec. 10.  19-A MRSA §2006, sub-§6, as enacted by PL 1995, c. 694, Pt. B, §2 
and affected by Pt. E, §2, is repealed. 
Sec. 11.  19-A MRSA §2006, sub-§7, ¶¶B and C, as enacted by PL 1995, c. 
694, Pt. B, §2 and affected by Pt. E, §2, are amended to read: 
B.  The annual gross income of each party and the combined annual income of both 
the parties; 
C.  The amount of the basic weekly support entitlement attributable to each child 
under 12 years of age, as indicated per child per week on the child support table; 
Sec. 12.  19-A MRSA §2006, sub-§7, ¶D, as enacted by PL 1995, c. 694, Pt. B, 
§2 and affected by Pt. E, §2, is repealed. 
Sec. 13.  19-A MRSA §2006, sub-§7, ¶G, as amended by PL 2003, c. 415, §11, 
is further amended to read: 
G.  The parental support obligation of the party parties ordered to pay child support; 
and 
Sec. 14.  19-A MRSA §2006, sub-§8, ¶D, as enacted by PL 1995, c. 694, Pt. B, 
§2 and affected by Pt. E, §2, is repealed. 
Sec. 15.  19-A MRSA §2006, sub-§11 is enacted to read: 
11.  Child between 18 and 19 years of age attending secondary school.  The child 
support table and the support guidelines include 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 section 1653, subsection 8, paragraph B; section 
1653, subsection 12, paragraph A; or section 2306, subsection 4, paragraph D. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect July 1, 2016. 
SUMMARY 
This bill amends the laws governing child support guidelines to conform to the Maine 
Parentage Act and to changes made by the Department of Health and Human Services by 
rule that eliminate the age categories in the child support table.