Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 5 - LIMITATION OF DEBT; BAR AGAINST COLLECTION (19-AM.R.S.A. Section 2302); SSI › Section 144-351-5-1 - LIMITATION OF DEBT

Current through 2024-29, July 17, 2024
A. When a
				  responsible parent receives public assistance for the benefit of his or her
				  natural or adopted child(ren) living in his or her home, or receives SSI for
				  him- or herself, the responsible parent's support obligation is automatically
				  suspended. The automatic suspension ends, and the obligation resumes at the
				  same level at which it was suspended, two weeks after the responsible parent
				  stops receiving public assistance or SSI (
				  19-A
				  M.R.S. §2302 ). A debt previously
				  incurred under
				  19-A M.R.S.
				  §2301 may not be collected from a
				  responsible parent while that parent receives public assistance or SSI, except
				  that such a debt may be collected from nonrecurring lump sum income (as defined
				  in
				  22
				  M.R.S. §3762(11)(A) )
				  of a responsible parent while that parent is an assisted obligor. Lump sum
				  income includes, but is not limited to, federal or state tax refunds, lottery
				  winnings, inheritances, personal injury awards and workers' compensation or
				  other insurance settlements. Exemptions from attachment noted in
				  14 M.R.S.
				  §4422(14) do not apply
				  to child support debt.
B. The
				  custodial parent may seek to modify the effect of §2302 by filing a
				  petition for modification with the Court, or, if an administrative order, the
				  Department. The Court or the administrative hearing officer may, by order after
				  hearing, modify the effect of §2302(2).
C. As soon as practicable after the
				  Department knows the responsible parent is receiving public assistance or SSI,
				  the Department shall send notices to the responsible parent and the custodial
				  parent notifying them of:
1. the responsible
				  parent's receipt of public assistance or SSI;
2. the suspension in §2302(2);
3. the custodial parent's right to
				  contest the suspension; and
4. the
				  location where forms for the modification proceedings can be obtained.
Responsible parents may request a review of a child
					 support order online at
https://www.maine.gov/dhhs/ofi/programs-services/child-support-services/request-order-review
.
					 Upon request, the Department shall provide blank forms for modification of an
					 order issued by the Department or the court. Forms for modifying an order
					 issued by a Maine court are also available online from the Judicial Branch at
https://www.courts.maine.gov/index.html
.
The Department will use automated enforcement procedures
					 to prevent garnishment or income withholding of SSI payments or a combination
					 of SSI payments and either SSDI or SSR benefits. Within 5 business days after
					 the Department determines that it is in possession of funds for benefits
					 incorrectly garnished or withheld through an income withholding order, the
					 Department will return the SSI or concurrent SSI and SSDI or SSR benefits to
					 the non-custodial parent.