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 12 - PROCEEDINGS TO AMEND OR SET ASIDE ADMINISTRATIVE DECISIONS; PROCEEDINGS TO APPEAL AGENCY ACTION › Section 144-351-12-7 - UNCREDITED CASH PAYMENTS; NOTICE TO PAY THE PAYOR OF PUBLIC ASSISTANCE DIRECTLY

Current through 2024-29, July 17, 2024
A. "Uncredited cash
				  payments" within the meaning of
				  19-A M.R.S.
				  §2352(1)(G)(2) and the
				  Manual means money paid by the responsible parent for child support for which
				  the responsible parent has not received credit. To receive credit, the
				  responsible parent must have paid the child support by cash, check, money
				  order, or other form of cash payment. Payment must have been made to the TANF
				  recipient or other person or entity, other than the payor of public assistance,
				  expressly named in the court order or administrative decision as the obligee
				  for child support. The Department may not credit the responsible parent for
				  money that the responsible parent sends to a recipient or other obligee named
				  in a support order if the money is forwarded to and received by the payor of
				  public assistance by the recipient or named obligee during the period(s) for
				  which the Division seeks to obligate the responsible parent for child support.
				  The Department may not consider as uncredited cash payments things of value
				  other than money, regardless of to whom given, unless a court expressly
				  authorizes or requires the responsible parent to transfer things of value other
				  than money to satisfy the child support obligation.
B. If a responsible parent intends to
				  introduce evidence of uncredited cash payments at an appeal hearing on a notice
				  of debt or pre-offset notice of submittal for federal income tax refund
				  intercept, s/he must advise the Division of the particulars of any such claim
				  in the review affidavit, and must set forth the claim itself as a ground for
				  the review. The Division's Notice of Debt and pre-offset notice must advise the
				  responsible parent of this requirement. If a responsible parent does not set
				  forth the particulars of a claim for uncredited cash payments in the review
				  affidavit, the Division will be granted a continuance so that it may consider
				  the particulars of the claim before the hearing. The parties may choose to
				  waive the continuance.
C. At a
				  hearing in which support is assigned under state or federal law, if it appears
				  more likely than not that the responsible parent was notified that no credit
				  for child support would be given for monies not paid directly to and received
				  by the payor of public assistance, the Department may not credit the
				  responsible parent for uncredited cash payments made after the date of the
				  notice. If the Department or other payor of public assistance credited the
				  responsible parent for uncredited cash payments in a prior hearing decision,
				  the decision shall be considered adequate notice that support must be paid
				  directly to the payor of public assistance in order to receive
				  credit.
D. The notice referred to
				  in sub-section C, above, may be oral or in a record. If oral, notice may be by
				  telephone or in person. If in a record, notice may be through electronic means,
				  or by computer generated notice, letter, or included as part of a Notice of
				  Debt issued under
				  19-A M.R.S.
				  §2352.
E. Proof or acknowledgment of service of a
				  Notice of Debt issued under
				  19-A M.R.S.
				  §2352 or a Notice of Intention to
				  Withhold issued under
				  19-A M.R.S.
				  §2359 which contains the substance of
				  the notice described in sub-section C, above, is presumptive proof that the
				  responsible parent received adequate notice that in order to receive credit
				  s/he must pay the payor of public assistance directly. A copy of a letter or
				  other writing addressed to the responsible parent that states the substance of
				  the notice described in sub-section C is presumptive proof that s/he received
				  adequate notice. Adequate notice is also presumed if the Division's records
				  show that the responsible parent was sent a computer generated notice that
				  contains the substance of the notice described in sub-section C, provided that
				  the notice was sent to the responsible parent's address of record (as evidenced
				  by the Division's computer system) at the time the notice was issued.
F. Notwithstanding any provision of
				  sub-sections D and E, above, the Division shall confirm in writing within 10
				  days any oral notice to the responsible parent to pay the payor of public
				  assistance directly. If oral notice is not confirmed in a record within 10 days
				  of the date oral notice is given, the notice to the responsible parent is
				  effective from the date of the confirmation in a record.