reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 8: GESTATIONAL CARRIER AGREEMENT › 19-A §1931. Eligibility to enter gestational carrier agreement

§1931. Eligibility to enter gestational carrier agreement
1.  Eligibility of gestational carrier.
In order to execute an agreement to act as a gestational carrier, a woman must:
A. Be at least 21 years of age;   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
B. Have previously given birth to at least one child;   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
C. Have completed a medical evaluation that includes a mental health consultation;   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
D. Have had independent legal representation of her own choosing and paid for by the intended parent or parents regarding the terms of the gestational carrier agreement and have been advised of the potential legal consequences of the gestational carrier agreement; and   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
E. Not have contributed gametes that will ultimately result in an embryo that she will attempt to carry to term, unless the gestational carrier is entering into an agreement with a family member.   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
2.  Eligibility of intended parent or parents.
Prior to executing a gestational carrier agreement, a person or persons intending to become a parent or parents, whether genetically related to the child or not, must:
A. Complete a medical evaluation and mental health consultation; and   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
B. Retain independent legal representation regarding the terms of the gestational carrier agreement and have been advised of the potential legal consequences of the gestational carrier agreement.   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 8: GESTATIONAL CARRIER AGREEMENT › 19-A §1933. Parentage; parental rights and responsibilities

§1933. Parentage; parental rights and responsibilities
If a gestational carrier agreement satisfies the requirements of this chapter:   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
1.  Parentage.
The intended parent or parents are by operation of law the parent or parents of the resulting child immediately upon the birth of the child, and the resulting child is considered the child of the intended parent or parents immediately upon the birth of the child.
A. Neither the gestational carrier nor her spouse, if any, is the parent of the resulting child.   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
B. A person who is determined to be a parent of the resulting child is obligated to support the child. The breach of the gestational carrier agreement by the intended parent or parents does not relieve the intended parent or parents of the obligation to support the resulting child;   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
2.  Parental rights and responsibilities.
Parental rights and responsibilities vest exclusively in the intended parent or parents immediately upon the birth of the resulting child; and
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
3.  Laboratory error.
If due to a laboratory error the resulting child is not genetically related to either the intended parent or parents or any donor who donated to the intended parent or parents, the intended parent or parents are considered the parent or parents of the child.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 8: GESTATIONAL CARRIER AGREEMENT › 19-A §1934. Birth orders

§1934. Birth orders
1.  Action for birth order.
Pursuant to a valid gestational carrier agreement under this subchapter, before or after the birth of the resulting child a party to the gestational carrier agreement may commence a proceeding in District Court to obtain an order:
A. Designating the contents of the birth certificate in accordance with Title 22, section 2761 and directing the Office of Data, Research and Vital Statistics to designate the intended parent or parents as the parent or parents of the child. The State Registrar of Vital Statistics may charge a reasonable fee for the issuance of a birth certificate;   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
B. Declaring that the intended parent or parents are the parent or parents of the resulting child and ordering that parental rights and responsibilities vest exclusively in the intended parent or parents immediately upon the birth of the child;   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
C. Sealing the record from the public to protect the privacy of the child and the parties; or   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
D. For any relief that the court determines necessary and proper.   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
2.  State not a necessary party.
Neither this State nor the State Registrar of Vital Statistics is a necessary party to a proceeding under subsection 1.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 8: GESTATIONAL CARRIER AGREEMENT › 19-A §1935. Exclusive, continuing jurisdiction

§1935. Exclusive, continuing jurisdiction
Subject to the jurisdictional standards of section 1745, the court conducting a proceeding under this subchapter has exclusive, continuing jurisdiction of all matters arising out of the gestational carrier agreement until a child born to the gestational carrier during the period governed by the agreement attains the age of 180 days.   [PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 8: GESTATIONAL CARRIER AGREEMENT › 19-A §1936. Termination of gestational carrier agreement

§1936. Termination of gestational carrier agreement
1.  Termination of agreement; parties.
A party to a gestational carrier agreement may withdraw consent to any medical procedure and may terminate the gestational carrier agreement at any time prior to any embryo transfer or implantation by giving written notice of termination to all other parties.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
2.  Obligations upon termination; no liability to gestational carrier.
Upon termination of the gestational carrier agreement under subsection 1, the parties are released from all obligations recited in the agreement except that the intended parent or parents remain responsible for all expenses that are reimbursable under the agreement incurred by the gestational carrier through the date of termination. The gestational carrier is entitled to keep all payments she has received and obtain all payments to which she is entitled. Neither a prospective gestational carrier nor her spouse, if any, is liable to the intended parent or parents for terminating a gestational carrier agreement.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 8: GESTATIONAL CARRIER AGREEMENT › 19-A §1937. Effect of subsequent marriage

§1937. Effect of subsequent marriage
1.  Agreement valid.
The subsequent marriage of the gestational carrier does not affect the validity of a gestational carrier agreement.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
2.  Subsequent consent not required.
The consent of the subsequent spouse of the gestational carrier to the agreement is not required.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
3.  No marital presumption.
The subsequent spouse of the gestational carrier is not presumed to be a parent of the resulting child.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 8: GESTATIONAL CARRIER AGREEMENT › 19-A §1938. Effect of noncompliance; standard of review; remedies

§1938. Effect of noncompliance; standard of review; remedies
1.  Not enforceable.
Except as otherwise provided, a gestational carrier agreement that does not meet the requirements of this subchapter is not enforceable.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
2.  Standard of review.
In the event of noncompliance with the requirements of this subchapter or with a gestational carrier agreement, a court shall determine the respective rights and obligations of the parties to the gestational carrier agreement, including evidence of the intent of the parties at the time of execution.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
3.  Remedies.
Except as expressly provided in a gestational carrier agreement and in subsection 4, in the event of a breach of the gestational carrier agreement by the gestational carrier or the intended parent or parents, the gestational carrier or the intended parent or parents are entitled to all remedies available at law or in equity.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
4.  Genetic testing.
If the parentage of a child born to a gestational carrier is alleged to not be the result of assisted reproduction, and this question is relevant to the determination of parentage, the court may order genetic testing.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
5.  Specific performance.
Specific performance is not an available remedy for a breach by the gestational carrier of any term in a gestational carrier agreement that requires the gestational carrier to be impregnated or to terminate a pregnancy. Specific performance is an available remedy for a breach by the gestational carrier of any term that prevents the intended parent or parents from exercising the full rights of parentage immediately upon birth of the child.
[PL 2015, c. 296, Pt. A, §1 (NEW); PL 2015, c. 296, Pt. D, §1 (AFF).]
SECTION HISTORY
PL 2015, c. 296, Pt. A, §1 (NEW). PL 2015, c. 296, Pt. D, §1 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 61: MAINE PARENTAGE ACT › Subchapter 8: GESTATIONAL CARRIER AGREEMENT › 19-A §1939. Liability for payment of gestational carrier health care costs

§1939. Liability for payment of gestational carrier health care costs
1.  Liability for health care costs.
The intended parent or parents are liable for the health care costs of the gestational carrier that are not paid by her health insurance. As used in this section, "health care costs" means the expenses of all health care provided for assisted reproduction, prenatal care, labor and delivery.
[PL 2015, c. 456, §2 (NEW).]
2.  Agreement.
A gestational carrier agreement must explicitly detail how the health care costs of the gestational carrier are paid. The breach of a gestational carrier agreement by a party to the agreement does not relieve the intended parent or parents of the liability for health care costs imposed by subsection 1.
[PL 2015, c. 456, §2 (NEW).]
3.  Effect on insurance coverage.
This section is not intended to supplant any health insurance coverage that is otherwise available to the gestational carrier or an intended parent for the coverage of health care costs. This section does not change the health insurance coverage of the gestational carrier or the responsibility of the insurance company to pay benefits under a policy that covers a gestational carrier.
[PL 2015, c. 456, §2 (NEW).]
SECTION HISTORY
PL 2015, c. 456, §2 (NEW).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 63: CHILD SUPPORT GUIDELINES › 19-A §2002. Application

§2002. Application
Notwithstanding any other provisions of law, this chapter applies to a court action or administrative proceeding in which a child support order is issued or modified under Title 18‑C, section 5‑204, this Title or Title 22 and to any court action or administrative proceeding in which past support is awarded.   [PL 2017, c. 402, Pt. C, §39 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 1999, c. 46, §2 (AMD). PL 2017, c. 402, Pt. C, §39 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 63: CHILD SUPPORT GUIDELINES › 19-A §2003. Forms

§2003. Forms
For the purposes of this chapter, the Supreme Judicial Court is authorized to prescribe or revise forms by administrative order or rule.   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 63: CHILD SUPPORT GUIDELINES › 19-A §2004. Income information and child support worksheets

§2004. Income information and child support worksheets
1.  Court actions.
This subsection governs the exchange and filing of income affidavits, child support worksheets and supporting documentation in court actions.
A. In a court action to determine or modify support of a minor child, the plaintiff and defendant shall exchange, prior to mediation, affidavits regarding income and assets. These affidavits must conform with the forms provided by the court and must be accompanied by supporting documentation of current income, such as pay stubs, tax returns, employer statements or, if the plaintiff or defendant is self-employed, receipts and expenses.   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
B. The parties shall exchange prior to the commencement of mediation a completed child support worksheet. The worksheet must be completed in accordance with the support guidelines.   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
C. At least 3 days prior to a court hearing, whether contested or uncontested, the parties shall file with the court and exchange, if they have not already done so, the completed affidavits and child support worksheets. The parties are not required to file with the court the supporting documentation.   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
D. If a party fails to comply with this subsection, the court may, in its discretion:
(1) Impose economic sanctions; or
(2) Presume for the purpose of determining a current support obligation that the party has an earning capacity equal to the average weekly wage of a worker in this State as determined by the most recent Department of Labor statistics. A different annual income may be used if there is sufficient reliable evidence to conclude reasonably that the noncomplying party earns a greater or lesser actual income.   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
E. The court may admit Department of Labor statistics into evidence for purposes of computing a parental support obligation.   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
2.  Administrative proceedings.
The department shall adopt rules regarding the provision of information necessary to apply the child support guidelines in administrative proceedings.
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 63: CHILD SUPPORT GUIDELINES › 19-A §2005. Rebuttable presumption

§2005. Rebuttable presumption
In a proceeding to establish or modify child support or to establish an award for past support, there is a rebuttable presumption that the parental support obligation derived from the support guidelines is the amount ordered to be paid, unless support is established under section 2006, subsection 5 or section 2007. The court or hearing officer shall review the adequacy of a child support amount agreed to by the parties with reference to the parental support obligation.   [PL 2003, c. 415, §6 (AMD).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 2003, c. 415, §6 (AMD).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 63: CHILD SUPPORT GUIDELINES › 19-A §2008. Stipulation

§2008. Stipulation
A stipulation of the parties establishing child support must be reviewed by the court or hearing officer to determine if the amount stipulated is in substantial compliance with the presumptive application of the guidelines and, if a deviation is proposed, whether it is justified and appropriate under section 2007. The court or hearing officer shall review a proposed order that gives the stipulation effect to determine its compliance with this section.   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 63: CHILD SUPPORT GUIDELINES › 19-A §2010. Periodic review of support orders (REPEALED)

§2010. Periodic review of support orders
(REPEALED)
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 1997, c. 537, §25 (RP). PL 1997, c. 537, §62 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 63: CHILD SUPPORT GUIDELINES › 19-A §2011. Child support table established

§2011. Child support table established
The department, in consultation with the Supreme Judicial Court and interested parties, shall adopt rules in accordance with Title 5, chapter 375, establishing a child support table that reflects the percentage of combined gross income that parents living in the same household in this State ordinarily spend on their children. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II‑A.   [PL 2001, c. 554, §11 (NEW).]
SECTION HISTORY
PL 2001, c. 554, §11 (NEW).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 63: CHILD SUPPORT GUIDELINES › 19-A §2012. Medical support

§2012. Medical support
The department, after consultation with the Supreme Judicial Court and interested parties, shall adopt rules in accordance with Title 5, chapter 375 establishing medical support. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.   [PL 2007, c. 448, §4 (NEW).]
SECTION HISTORY
PL 2007, c. 448, §4 (NEW).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 65: SUPPORT ENFORCEMENT › Subchapter 1: GENERAL PROVISIONS › 19-A §2102. Enforcement of rights

§2102. Enforcement of rights
The obligee may enforce the right of support against the obligor, and the State or any political subdivision of the State may proceed on behalf of the obligee to enforce that right of support against the obligor. When the State or a political subdivision of the State furnishes support to an obligee, it has the same right as the obligee to whom the support was furnished, for the purpose of securing an award for past support and of obtaining continuing support. An award of attorney's fees may be collected by any means available under the law, including, but not limited to, remedies available under Title 14 and Title 36, section 185-A.   [PL 2019, c. 659, Pt. D, §3 (AMD).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 2005, c. 323, §14 (AMD). PL 2019, c. 659, Pt. D, §3 (AMD).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 65: SUPPORT ENFORCEMENT › Subchapter 1: GENERAL PROVISIONS › 19-A §2104. State registry of support orders

§2104. State registry of support orders
1.  Record of all support orders.
On or before October 1, 1998, the department shall maintain a record of each support order established or modified in the State. The record must include standardized data elements, including the names, social security numbers and dates of birth of the parties. The department shall update and monitor the record relating to each support order in all cases in which support rights are assigned to the department or for which the department otherwise provides support enforcement services. The department and the judicial branch shall work cooperatively to develop efficient procedures for implementing the requirements of this subsection.
[PL 1997, c. 537, §29 (NEW); PL 1997, c. 537, §62 (AFF).]
2.  Automated data matching.
The department shall compare by automated data processing the record of each support order maintained by the department with the records of the Federal Government, other states and other state agencies for the purposes of matching, receiving and disclosing information as required by 42 United States Code, Chapter 7, Subchapter IV, Part D (1996). All state agencies shall work cooperatively with the department to develop automated procedures for providing the department with information the department is permitted access to for purposes of carrying out its responsibilities under the Social Security Act, Chapter 7, Subchapter IV, Part D.
[PL 1997, c. 537, §29 (NEW); PL 1997, c. 537, §62 (AFF).]
Revisor's Note: §2104. Credit for dependent benefits (As enacted by PL 1997, c. 466, §8 and affected by §28 is REALLOCATED TO TITLE 19-A, SECTION 2107)
SECTION HISTORY
RR 1997, c. 1, §16 (RAL). PL 1997, c. 466, §8 (NEW). PL 1997, c. 466, §28 (AFF). PL 1997, c. 537, §29 (NEW). PL 1997, c. 537, §62 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 65: SUPPORT ENFORCEMENT › Subchapter 1: GENERAL PROVISIONS › 19-A §2105. Duty of department to recognize and enforce actions of other states

§2105. Duty of department to recognize and enforce actions of other states
The department shall recognize and enforce the authority of agencies of other states that are responsible for administering the Social Security Act, 42 United States Code, Chapter 7, Subchapter IV (1996) to take actions under Section 325(a)(2) of the Personal Responsibility and Work Opportunity Act of 1996, Public Law 104-193, 110 Stat. 2105. The department shall enforce the actions of other states as necessary by filing a civil action in the District Court.   [PL 1997, c. 537, §29 (NEW); PL 1997, c. 537, §62 (AFF).]
Revisor's Note: §2105. State child support enforcement services (As enacted by PL 1997, c. 466, §8 and affected by §28 is REALLOCATED TO TITLE 19-A, SECTION 2108)
SECTION HISTORY
RR 1997, c. 1, §16 (RAL). PL 1997, c. 466, §8 (NEW). PL 1997, c. 466, §28 (AFF). PL 1997, c. 537, §29 (NEW). PL 1997, c. 537, §62 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 65: SUPPORT ENFORCEMENT › Subchapter 1: GENERAL PROVISIONS › 19-A §2107. Credit for dependent benefits (REALLOCATED FROM TITLE 19-A, SECTION 2104)

§2107. Credit for dependent benefits
(REALLOCATED FROM TITLE 19-A, SECTION 2104)
If a child receives dependent benefits as a result of the obligor parent's disability, any tribunal establishing, reviewing or modifying the child support obligation or debt shall give the obligor parent credit for the dependent benefits paid to the child.   [PL 1999, c. 327, §1 (RPR).]
1.  Calculation of child support obligation; order.
The tribunal shall calculate the obligor's child support obligation and issue a child support order pursuant to the child support guidelines in chapter 63. The obligation may not be reduced by the dependent benefits paid to the child.
[PL 1999, c. 327, §1 (NEW).]
2.  Findings; credit for benefits paid.
The tribunal shall make the following findings:
A. That the child currently receives dependent benefits as a result of the obligor parent's disability;   [PL 1999, c. 327, §1 (NEW).]
B. That the receipt of these benefits satisfied part or all of the obligation; and   [PL 1999, c. 327, §1 (NEW).]
C. That the obligor must receive credit against the established obligation for the benefits received. Credit may not exceed the amount of the current obligation for the period for which the benefits are paid. Credit may not be given toward a past or future obligation for dependent benefits that exceed the current obligation.   [PL 1999, c. 327, §1 (NEW).]
[PL 1999, c. 327, §1 (NEW).]
SECTION HISTORY
RR 1997, c. 1, §16 (RAL). PL 1999, c. 327, §1 (RPR).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 65: SUPPORT ENFORCEMENT › Subchapter 1: GENERAL PROVISIONS › 19-A §2108. State child support enforcement services (REALLOCATED FROM TITLE 19-A, SECTION 2105)

§2108. State child support enforcement services
(REALLOCATED FROM TITLE 19-A, SECTION 2105)
Notwithstanding any other provision of law, upon written authorization by the Secretary of the United States Department of Health and Human Services, the judicial branch and the department shall provide child support enforcement services in accordance with the United States Social Security Act, Title IV-D, without need of an application for services. When a person is seeking or has been awarded child support, the court shall provide written notice to that person that explains the services provided by the State and the right to refuse services if services are not wanted.   [RR 1997, c. 1, §16 (RAL).]
SECTION HISTORY
RR 1997, c. 1, §16 (RAL).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 65: SUPPORT ENFORCEMENT › Subchapter 1: GENERAL PROVISIONS › 19-A §2109. Limitations on collection of child support

§2109. Limitations on collection of child support
A person other than an employee of the department who enters into an agreement with another to collect child support is subject to the following limitations.   [PL 2003, c. 562, §1 (NEW).]
1.  Fee limitation.
In a contingent-fee contract for the collection of child support, the fee may be based only upon the amount of unpaid past child support arrearage calculated as of the date when the contract is signed. A fee may not be based on current or future child support payments and may be assessed only on funds actually received by the child support obligee.
[PL 2003, c. 562, §1 (NEW).]
2.  Collection practices limitations.
Each person who enters into an agreement with another to collect child support is subject to the provisions of Title 32, chapter 109-A if either the support obligee or the support obligor is a resident of this State.
[PL 2003, c. 562, §1 (NEW).]
3.  Requirement for written contract.
Each agreement between a person who collects or offers to collect child support and a child support obligee must be in writing, dated and signed by the support obligee. The contract must contain a full and detailed description of the services to be performed for the support obligee and the terms and conditions of payment. The contract may not contain a penalty for termination at any time by the support obligee.
[PL 2003, c. 562, §1 (NEW).]
4.  Basis of compensation.
A collector of child support obligations may not impose a charge or fee for any child support payments collected primarily through the efforts of a governmental agency.
[PL 2003, c. 562, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 562, §1 (NEW).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 65: SUPPORT ENFORCEMENT › Subchapter 1: GENERAL PROVISIONS › 19-A §2110. Exempt property of child support obligor

§2110. Exempt property of child support obligor
1.  Exempt property.
The property of a child support obligor that is exempt pursuant to section 2203, subsection 15 from an order to seize and sell is also exempt from any other enforcement and collection action regarding a support order, except to the extent that it has been fraudulently conveyed by the obligor.
[PL 2015, c. 212, §1 (NEW).]
2.  Application of law.
Title 14, chapter 507, subchapter 2, article 7 exemptions to collection do not apply to enforcement and collection of a support order.
[PL 2015, c. 212, §1 (NEW).]
SECTION HISTORY
PL 2015, c. 212, §1 (NEW).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 65: SUPPORT ENFORCEMENT › Subchapter 2: ENFORCEMENT BY DEPARTMENT › Article 1: LOCATION OF PERSONS, INCOME AND OTHER PROPERTY › 19-A §2151. Locating those liable for support of dependents

§2151. Locating those liable for support of dependents
To assist in locating parents who have deserted their children and other persons liable for support of dependents, the department may request information from the records of all departments, boards, bureaus and other agencies of this State and those departments, boards, bureaus and other agencies shall provide the necessary information. Only information directly bearing on the identity and whereabouts of a person owing or asserted to be owing an obligation of support may be requested and used or transmitted by the department pursuant to the authority conferred by this section. The department may make such information available only to public officials and agencies of this State, other states and the political subdivisions of this State and other states seeking to locate parents who have deserted their children and other persons liable for support of dependents for the purpose of enforcing their liability for support. The department may make information available to federal agencies conducting activities under 42 United States Code, Chapter 7, Subchapter IV, Part D (1996). The department must be provided automated access to records it is permitted access to under this section if the records are maintained in an automated data base.   [PL 1997, c. 537, §30 (AMD); PL 1997, c. 537, §62 (AFF).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 1997, c. 537, §30 (AMD). PL 1997, c. 537, §62 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 65: SUPPORT ENFORCEMENT › Subchapter 2: ENFORCEMENT BY DEPARTMENT › Article 1: LOCATION OF PERSONS, INCOME AND OTHER PROPERTY › 19-A §2153. Publication of delinquent child support obligors

§2153. Publication of delinquent child support obligors
1.  Publication.
The department may publish in the State's newspapers the names of delinquent child support obligors who owe unpaid child support. Publication may include the place of residence and the amount of unpaid child support of each obligor.
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
2.  Immunity.
Newspapers and their employees are immune from any criminal or civil liability as a result of publication under subsection 1, unless publication is a result of negligent or intentional misconduct.
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 65: SUPPORT ENFORCEMENT › Subchapter 2: ENFORCEMENT BY DEPARTMENT › Article 1: LOCATION OF PERSONS, INCOME AND OTHER PROPERTY › 19-A §2155. Duty to report

§2155. Duty to report
A responsible parent required by law to pay child support to the department shall inform the department of any changes in the responsible parent's current address or employer. Failure to report a change of address or employer to the department within 15 days is a civil violation for which a forfeiture not to exceed $200 may be adjudged for each violation. Each judicial order or administrative decision issued or modified in this State that includes an order for child support must include a statement that advises the responsible parent of the duty to report and the penalty for failure to report.   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 65: SUPPORT ENFORCEMENT › Subchapter 2: ENFORCEMENT BY DEPARTMENT › Article 1: LOCATION OF PERSONS, INCOME AND OTHER PROPERTY › 19-A §2156. Annual statement

§2156. Annual statement
The department shall send an annual statement of arrearages to all obligors who owe past-due child support that the department is authorized to collect. The statement must include notice to the obligor that the department may collect the amount owed by issuing an order to seize and sell property. The statement may include other notices that the department considers appropriate. The department shall send the statement to the obligor by regular mail to the obligor's last known address. If the obligor disagrees with the department's statement of arrearages, the obligor must immediately notify the department.   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 65: SUPPORT ENFORCEMENT › Subchapter 2: ENFORCEMENT BY DEPARTMENT › Article 1: LOCATION OF PERSONS, INCOME AND OTHER PROPERTY › 19-A §2157. Notice of right to have support order reviewed

§2157. Notice of right to have support order reviewed
Not less than once every 3 years, the department shall send written notice to parents who are subject to a support order being enforced by the department of the right to have the order reviewed and, if appropriate, modified according to the applicable child support guidelines.   [PL 1997, c. 537, §40 (NEW); PL 1997, c. 537, §62 (AFF).]
SECTION HISTORY
PL 1997, c. 537, §40 (NEW). PL 1997, c. 537, §62 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 65: SUPPORT ENFORCEMENT › Subchapter 2: ENFORCEMENT BY DEPARTMENT › Article 2: ENFORCEMENT › 19-A §2204. Caretaker relative; change of payee

§2204. Caretaker relative; change of payee
When the department pays cash aid to a caretaker relative who provides primary residential care for a dependent child for whom a support order has been issued, the obligor's obligation under the support order to pay child support and provide medical support continues. The child support is payable to the department for as long as the department pays cash aid for the child. Upon notice to the obligor and the payee named in the support order, the department may redirect payments under the support order to the caretaker relative if the caretaker relative states under penalty of perjury that physical custody of the child was not obtained illegally. The obligor and the payee may contest action to redirect payments at an administrative hearing. The department shall notify the obligor and the payee of the right to a hearing in the notice. If payments are redirected to a caretaker relative, the department may seek to establish an administrative support order against the nonobligated parent.   [PL 1997, c. 466, §15 (NEW); PL 1997, c. 466, §28 (AFF).]
SECTION HISTORY
PL 1997, c. 466, §15 (NEW). PL 1997, c. 466, §28 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 65: SUPPORT ENFORCEMENT › Subchapter 2: ENFORCEMENT BY DEPARTMENT › Article 3: ALTERNATIVE METHOD OF SUPPORT ENFORCEMENT › Subarticle 1: GENERAL PROVISIONS › 19-A §2251. Purpose

§2251. Purpose
With this article, the Legislature intends to provide additional remedies for the enforcement of support for dependent children and spouses and former spouses caring for dependent children by establishing an alternative method directed to the real and personal property of the responsible parents. These remedies are in addition to, not in lieu of, existing law.   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 1995, c. 694, Pt. B, §2 (NEW). PL 1995, c. 694, Pt. E, §2 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 65: SUPPORT ENFORCEMENT › Subchapter 2: ENFORCEMENT BY DEPARTMENT › Article 3: ALTERNATIVE METHOD OF SUPPORT ENFORCEMENT › Subarticle 1: GENERAL PROVISIONS › 19-A §2252. Limit on use

§2252. Limit on use
A support obligation or debt incurred before October 1, 1975 may not be enforced by the methods of this article.   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 1995, c. 694, Pt. B, §2 (NEW). PL 1995, c. 694, Pt. E, §2 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 65: SUPPORT ENFORCEMENT › Subchapter 2: ENFORCEMENT BY DEPARTMENT › Article 3: ALTERNATIVE METHOD OF SUPPORT ENFORCEMENT › Subarticle 1: GENERAL PROVISIONS › 19-A §2253. Persons subject to jurisdiction

§2253. Persons subject to jurisdiction
1.  Declaration of purpose.
It is declared, as a matter of legislative determination, that the public interest demands that the State provide its citizens with an effective means of redress against nonresident persons who, through certain significant minimal contacts with this State, incur obligations to citizens entitled to the State's protection.
This section, to ensure maximum protection to citizens of this State, must be applied so as to assert jurisdiction over nonresident responsible parents to the fullest extent permitted by the due process clause of the United States Constitution, Amendment XIV.
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
2.  Causes of action.
A person who does any of the acts enumerated in this subsection is deemed to have submitted to the jurisdiction of the department for the purpose of enforcing this article as to a cause of action arising from the doing of the following acts:
A. Maintaining a domicile in this State while subject to a marital or family relationship out of which arises a claim for child support or spousal support or the commission in this State of any act giving rise to such a claim; or   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
B. Conception resulting in parentage within the meaning of chapter 61.   [PL 2015, c. 296, Pt. C, §22 (AMD); PL 2015, c. 296, Pt. D, §1 (AFF).]
[PL 2015, c. 296, Pt. C, §22 (AMD); PL 2015, c. 296, Pt. D, §1 (AFF).]
3.  Personal service.
[PL 2009, c. 290, §26 (RP).]
SECTION HISTORY
PL 1995, c. 694, Pt. B, §2 (NEW). PL 1995, c. 694, Pt. E, §2 (AFF). PL 2009, c. 290, §26 (AMD). PL 2015, c. 296, Pt. C, §22 (AMD). PL 2015, c. 296, Pt. D, §1 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 65: SUPPORT ENFORCEMENT › Subchapter 2: ENFORCEMENT BY DEPARTMENT › Article 3: ALTERNATIVE METHOD OF SUPPORT ENFORCEMENT › Subarticle 1: GENERAL PROVISIONS › 19-A §2254. Service

§2254. Service
Service of a notice, order or lien described in this article must be made in the manner provided for service of summons by the Maine Rules of Civil Procedure, Rule 4. For purposes of this 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 this article may be made by an authorized representative of the commissioner.   [PL 2009, c. 290, §27 (AMD).]
1.  Date of service.
[PL 2009, c. 290, §27 (RP).]
2.  Branch banks.
[PL 2009, c. 290, §27 (RP).]
SECTION HISTORY
PL 1995, c. 694, Pt. B, §2 (NEW). PL 1995, c. 694, Pt. E, §2 (AFF). PL 2009, c. 290, §27 (AMD).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 65: SUPPORT ENFORCEMENT › Subchapter 2: ENFORCEMENT BY DEPARTMENT › Article 3: ALTERNATIVE METHOD OF SUPPORT ENFORCEMENT › Subarticle 1: GENERAL PROVISIONS › 19-A §2255. Subpoena powers

§2255. Subpoena powers
In carrying out the provisions of this article, the department, through a request to the Attorney General or to an assistant attorney general assigned to the department, upon its own motion or upon the request of a party, has the power to subpoena witnesses, compel their attendance and require the production of any papers, books, records or documents that are relevant to determining the support obligation and the responsible parent's ability to pay or earn.   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
Subpoenas must be issued in accordance with Title 5, section 9060 and served in accordance with the Maine Rules of Civil Procedure.   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 1995, c. 694, Pt. B, §2 (NEW). PL 1995, c. 694, Pt. E, §2 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 65: SUPPORT ENFORCEMENT › Subchapter 2: ENFORCEMENT BY DEPARTMENT › Article 3: ALTERNATIVE METHOD OF SUPPORT ENFORCEMENT › Subarticle 1: GENERAL PROVISIONS › 19-A §2256. Notices; readability

§2256. Notices; readability
1.  Readability score.
As notices are revised by the department and as resources permit, all notices provided by the department under this article must have a readability score, as determined by a recognized instrument for measuring adult literacy levels, equivalent to no higher than a 6th-grade reading level.
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
2.  Report.
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF); MRSA T. 19-A §2256, sub-§2 (RP).]
SECTION HISTORY
PL 1995, c. 694, Pt. B, §2 (NEW). PL 1995, c. 694, Pt. E, §2 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 65: SUPPORT ENFORCEMENT › Subchapter 2: ENFORCEMENT BY DEPARTMENT › Article 3: ALTERNATIVE METHOD OF SUPPORT ENFORCEMENT › Subarticle 2: SUPPORT DEBT › 19-A §2303. Right of support enforcement

§2303. Right of support enforcement
If no order of support exists, the department has the right provided in section 2102 to enforce the duty of support.   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 1995, c. 694, Pt. B, §2 (NEW). PL 1995, c. 694, Pt. E, §2 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 65: SUPPORT ENFORCEMENT › Subchapter 2: ENFORCEMENT BY DEPARTMENT › Article 3: ALTERNATIVE METHOD OF SUPPORT ENFORCEMENT › Subarticle 2: SUPPORT DEBT › 19-A §2305. Effect and implementation of health insurance obligations; failure of responsible parent to comply

§2305. Effect and implementation of health insurance obligations; failure of responsible parent to comply
1.  Responsible parent's failure to comply.
If a responsible parent fails to obtain health insurance coverage as required by an administrative decision, that parent is liable for any expenses incurred, for each dependent child, that would have been paid by the insurance coverage, regardless of incurred expenses. Incurred liability may be enforced as a child support debt under this article or by judicial action.
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
2.  Insurer's obligation under authorization.
Upon receipt of a written authorization by a responsible parent to make health insurance payments to the department for each dependent child of that parent, whether or not public assistance is being expended for the benefit of each child, an insurer shall make all payments directly to the department until the authorization is withdrawn. Upon receipt of authorization from the responsible parent, the department is subrogated to the rights of the responsible parent under the insurance policy for each child.
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
3.  Insurer's obligation under order or decision and notice.
Upon receipt of a copy of a court order or administrative decision establishing the obligation of a responsible parent to provide health insurance coverage for each dependent child of that parent, and receipt of a copy of a notice from the department that public assistance is being expended for the benefit of each dependent child of the responsible parent or that the department is furnishing support enforcement services to a person with whom each child resides other than the responsible parent, an insurer shall make all health insurance payments for each child directly to the department until otherwise notified by the department. In all such cases, the responsibility of the department is subrogated to the rights of the responsible parent under the insurance policy for each child.
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
4.  Insurers to provide information.
Upon request by the department, a nonprofit hospital or medical service organization authorized under Title 24 or an insurer authorized under Title 24-A shall provide to the department a list of persons who have health insurance coverage with that organization or insurer. The information must be transmitted in a manner prescribed by the department to allow electronic identification of responsible parents who have health insurance coverage.
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 1995, c. 694, Pt. B, §2 (NEW). PL 1995, c. 694, Pt. E, §2 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 65: SUPPORT ENFORCEMENT › Subchapter 2: ENFORCEMENT BY DEPARTMENT › Article 3: ALTERNATIVE METHOD OF SUPPORT ENFORCEMENT › Subarticle 2: SUPPORT DEBT › 19-A §2307. Discovery of past income

§2307. Discovery of past income
The responsible parent has an obligation to supply evidence regarding past income in order to calculate the debt owed the department or an applicant for services under section 2103 if the evidence is reasonably available. The responsible parent has 30 days to supply evidence of past income if requested to do so by the department. A request for evidence regarding past income may be made through an administrative form developed by the department.   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
Failure to provide the evidence, absent a showing of good cause for failure to do so or notification to the department of good faith attempts to secure the information, allows the administrative hearing officer to draw a reasonable inference from the evidence available, including an inference that the responsible parent had a greater earning capacity than the average weekly wage of a worker within this State as defined by the most recent Department of Labor statistics.   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 1995, c. 694, Pt. B, §2 (NEW). PL 1995, c. 694, Pt. E, §2 (AFF).