reglab/statecodes huggingface dataset:
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 8 - ADMINISTRATIVE ESTABLISHMENT OF CHILD SUPPORT OBLIGATIONS › Section 144-351-8-10 - HEARING DECISION

Current through 2024-29, July 17, 2024
If a hearing is held, the Department shall render a
					 decision based on the hearing record and applicable state laws and rulemaking.
					 If the responsible parent does not appear at the hearing, or does not timely
					 request a hearing, the Department shall issue a decision that incorporates the
					 findings of the proposed support order. The Department shall send a copy of the
					 decision to both parents by regular mail. Service is complete upon mailing and
					 the parents are presumed to have received the decision within three (3) days of
					 mailing. The Department shall send the copies to the last known address of each
					 parent. The decision must establish and state:
A. The responsible parent's duty to provide
				  support, the amount of the current parental support obligation, the amount of
				  any debt for past necessary support including medical expenses, the obligation
				  of the responsible parent to maintain health insurance coverage for the
				  dependent child or children and pay a proportionate share of uninsured medical
				  expenses, and that the responsible parent must provide written proof to the
				  Department of health insurance coverage that is required by the decision within
				  15 days of the responsible parent's receipt of the decision;
B. That if an obligation for current support
				  is established, an order for immediate income withholding is issued and made a
				  part of the decision;
C. That
				  thirty days after the decision is issued, the Department may enforce the
				  decision by any lawful means, including lien and foreclosure, administrative
				  seizure and disposition, order to withhold and deliver, license revocation,
				  unemployment intercept, tax refund intercept, and any other action available.
				  If a decision includes an immediate income withholding order, the Department
				  may implement the withholding order to collect current support immediately
				  after the decision is issued. If a debt for past necessary support is
				  established, the department may report the responsible parent and the amount of
				  the debt to a consumer credit reporting agency;
D. That if the responsible parent does not
				  maintain health insurance coverage when required to do so by the Department,
				  the responsible parent may be held liable for all medical expenditures made by
				  the Department or the custodial parent on behalf of the dependent child or
				  children;
E. That if the
				  responsible parent appeared at the hearing, he or she may appeal the decision
				  within 30 days of the date of mailing of the decision by requesting an
				  administrative review hearing.
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 8 - ADMINISTRATIVE ESTABLISHMENT OF CHILD SUPPORT OBLIGATIONS › Section 144-351-8-11 - COLLECTION ACTION

Current through 2024-29, July 17, 2024
The Division may initiate collection action 30 days after
					 the date of mailing of the decision. If the decision includes an immediate
					 income withholding order, the Division will implement the withholding order to
					 collect current support immediately after the decision is issued.
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 8 - ADMINISTRATIVE ESTABLISHMENT OF CHILD SUPPORT OBLIGATIONS › Section 144-351-8-12 - RIGHT TO APPEAL

Current through 2024-29, July 17, 2024
A responsible parent or the Department may appeal a
					 decision after hearing within 30 days of receiving the decision, provided that
					 the responsible parent appeared at the hearing. The responsible parent is
					 presumed to have received the decision within 3 days of the date of mailing.
					 The appeal process is set forth in Chapter 12.
A responsible parent who did not appear at the hearing may
					 request the Department to set aside the decision for good cause shown, subject
					 to the provisions of Section
					 13, below.
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 8 - ADMINISTRATIVE ESTABLISHMENT OF CHILD SUPPORT OBLIGATIONS › Section 144-351-8-13 - REQUEST TO SET ASIDE

Current through 2024-29, July 17, 2024
Within one year of the mailing of the decision, the
					 responsible parent may request the Department to set aside the decision if he
					 or she shows good cause why he or she did not request a hearing or did not
					 appear at a hearing and present a meritorious defense. Examples of good cause
					 for failure to appear and failure to request a hearing include mistake,
					 inadvertence, excusable neglect, lack of jurisdiction, and inadequate notice. A
					 request to set aside a decision must be in writing and must include a written
					 statement that explains the specific reasons for the request. When the Division
					 receives a timely request to set aside a decision, the Division shall issue the
					 responsible parent a Notice of Hearing as provided by 12.2(D)(2), below.
If the responsible parent establishes good cause for
					 failure to appear at the hearing, the Department shall proceed, if appropriate,
					 to take evidence for the purpose of establishing the responsible parent's
					 support obligations for the period or periods in question.
If the responsible parent does not establish good cause
					 for failure to appear at the hearing, the Department shall proceed as a hearing
					 to determine whether to amend the decision prospectively based on a substantial
					 change of circumstances.
If the responsible parent has not provided the Division
					 with adequate notice in advance of the hearing of the reasons for the request
					 to set aside the decision, the Department shall grant the Division a
					 continuance so that the Division has an opportunity to verify or obtain
					 evidence to rebut any claims made by the responsible parent.
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 8 - ADMINISTRATIVE ESTABLISHMENT OF CHILD SUPPORT OBLIGATIONS › Section 144-351-8-14 - SUBSEQUENT COURT ORDER

Current through 2024-29, July 17, 2024
An administrative decision remains in effect until
					 superseded by a subsequent support order.
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 8 - ADMINISTRATIVE ESTABLISHMENT OF CHILD SUPPORT OBLIGATIONS › Section 144-351-8-15 - AMENDMENT

Current through 2024-29, July 17, 2024
A responsible parent may request an administrative hearing
					 to amend a decision prospectively based on a substantial change of
					 circumstances. The Department may seek to amend a decision prospectively based
					 on a substantial change of circumstances by using the same process permitted by
					 this chapter for establishing a support obligation. When seeking to amend an
					 administrative decision, the Department shall state in its initial notice that
					 the purpose of the proceeding is to amend the responsible parent's support
					 obligation based on a substantial change of circumstances.
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 8 - ADMINISTRATIVE ESTABLISHMENT OF CHILD SUPPORT OBLIGATIONS › Section 144-351-8-16 - ENFORCEMENT

Current through 2024-29, July 17, 2024
An administrative decision is enforceable until amended,
					 set aside, or superseded by a court order. An administrative decision creates a
					 support obligation for purposes of enforcement under
					 19-A M.R.S.
					 §2103.
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 8 - ADMINISTRATIVE ESTABLISHMENT OF CHILD SUPPORT OBLIGATIONS › Section 144-351-8-17 - EFFECT

Current through 2024-29, July 17, 2024
This chapter applies to proceedings in which the
					 responsible parent is served notice on or after the effective date of this
					 section. Prior rules apply to proceedings in which the responsible parent is
					 served notice before the effective date of this section.
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 8 - ADMINISTRATIVE ESTABLISHMENT OF CHILD SUPPORT OBLIGATIONS › Section 144-351-8-18 - ADOPTION ORDERS

Current through 2024-29, July 17, 2024
An attested or certified copy of an order of adoption (or
					 an original certificate of adoption) is a sufficient basis upon which to
					 conclude that the adoptive parent owes a duty of support to the adopted child
					 pursuant to
					 19-A M.R.S.
					 §1504 and that the adoptive parent is a
					 responsible parent within the meaning of
					 19-A M.R.S.
					 §§2101(12),
					 2301
					 and
					 2304
					 as of the effective date of the order or certificate of adoption. An order or
					 certificate of adoption does not lessen or negate any duty of support or
					 support obligation owed by the child's natural parents up to the date of
					 adoption.
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 8 - ADMINISTRATIVE ESTABLISHMENT OF CHILD SUPPORT OBLIGATIONS › Section 144-351-8-19 - DE FACTO PARENTAGE

Current through 2024-29, July 17, 2024
After July 1, 2016, a court order adjudicating
de
					 facto
parent status under
					 19-A M.R.S.
					 §1891 is a sufficient basis upon which
					 to conclude that the
de facto
parent owes a duty of support to
					 the child pursuant to
					 19-A M.R.S.
					 §1891(4)(B), and is a
					 responsible parent within the meaning of
					 19-A M.R.S.
					 §§2101(12),
					 2301
					 and
					 2304
					 as of the effective date of the order. Adjudication of a person as a
de
					 facto
parent does not disestablish the parentage of any other parent,
					 nor lessen or negate any duty of support or support obligation owed by any
					 other person to the child(ren).
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 8 - ADMINISTRATIVE ESTABLISHMENT OF CHILD SUPPORT OBLIGATIONS › Section 144-351-8-21 - TEN DAY ADVANCE NOTICE OF CLAIMS FOR CREDIT

Current through 2024-29, July 17, 2024
A responsible parent who intends to introduce evidence at
					 the hearing to support a claim for credit against his or her child support
					 obligation must notify the Division in writing of the substance of any such
					 claim and provide the Division with any written evidence that supports the
					 claim (i.e., cancelled checks or receipts) within 10 days of receipt of the
					 Notice of Hearing. The responsible parent must notify the Division in
					 accordance with the requirements of this section of any claims of:
(a) money paid by the responsible parent
				  directly to the custodial parent or to any other person or entity other than
				  the Department (except if payment was retransmitted to and posted by the
				  Department) as payment of or in lieu of child support, and
(b) things of utilitarian value other than
				  money that the responsible parent gave to the custodial parent or child(ren) as
				  payment of or in lieu of child support. In the absence of such notice by the
				  responsible parent, and provided that the Notice of Hearing or any other prior
				  notice informs the responsible parent of the substance of the requirements of
				  this section, the Division, upon request, must be granted a continuance so that
				  it is able to consider, verify and/or rebut any claim for credit of which it
				  did not have adequate prior notice. If a continuance is granted due to a lack
				  of adequate prior notice, the responsible parent's current parental support
				  obligation, if any, must begin on the same date as if the hearing had not been
				  continued.
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 8 - ADMINISTRATIVE ESTABLISHMENT OF CHILD SUPPORT OBLIGATIONS › Section 144-351-8-22 - ADJOURNMENTS REQUESTED BY THE RESPONSIBLE PARENT

Current through 2024-29, July 17, 2024
If a hearing is continued or adjourned at the request of
					 the responsible parent (whether by a hearing officer or by agreement with the
					 Division), the responsible parent's current parental support obligation, if
					 any, must begin on the same date as if the hearing had not been continued or
					 adjourned.
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 8 - ADMINISTRATIVE ESTABLISHMENT OF CHILD SUPPORT OBLIGATIONS › Section 144-351-8-23 - COURT ACTION OPTIONAL

Current through 2024-29, July 17, 2024
The Division, through the Office of the Attorney General,
					 may initiate and maintain a civil action to establish a responsible parent's
					 current parental support obligation, debt for past necessary support, and/or
					 obligation to provide health insurance coverage for a dependent child or
					 children in any case in which the Department is authorized to establish such
					 obligations administratively.
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 8 - ADMINISTRATIVE ESTABLISHMENT OF CHILD SUPPORT OBLIGATIONS › Section 144-351-8-24 - FOSTER CARE CASES

Current through 2024-29, July 17, 2024
The responsibility for the establishment of a child
					 support obligation in Foster Care cases rests with the Division of Child and
					 Family Services. Court-ordered child support obligations are to be sought at
					 the time the child is committed to foster care, or at a subsequent court review
					 of the commitment. If appropriate, DSER will establish a child support
					 obligation through the administrative process.
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 8 - ADMINISTRATIVE ESTABLISHMENT OF CHILD SUPPORT OBLIGATIONS › Section 144-351-8-25 - IMMEDIATE WITHHOLDING OF EARNINGS PURSUANT TO 19-A M.R.S. section 2306

Current through 2024-29, July 17, 2024
A. A finding of "good cause not to require
				  immediate withholding" under
				  19-A M.R.S.
				  §2306(1)(B)(1) must be
				  based on at least:
1. A written determination
				  that, and explanation by the hearing officer of why, implementing immediate
				  wage withholding would not be in the best interests of the child;
				  and,
2. In a proceeding involving
				  the modification of a support award, proof of timely payment of previously
				  ordered support in the support enforcement case.
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 9 - EXPEDITED PROCESS FOR THE COMMENCEMENT OF PATERNITY ACTIONS › Section 144-351-9-1 - COMMENCEMENT OF A LEGAL ACTION

Current through 2024-29, July 17, 2024
A. The Division may
				  commence a legal action to adjudicate paternity pursuant to
				  19-A M.R.S.
				  §§1601
et seq.
, by
				  serving an alleged father subject to its jurisdiction with a Notice of
				  Paternity Proceeding. The Division shall not serve an alleged father unless it
				  receives an affirmation from the mother of the child(ren) that states:
1. She engaged in sexual intercourse with the
				  alleged father at a possible time of conception of the child(ren);
2. The child(ren) was (were) born or may have
				  been conceived when she was legally married to the alleged father; or
3. After July 1, 2016, that the
				  alleged father resided in the same household with the child and openly held out
				  the child as his own from the time the child was born or adopted, and for a
				  period of at least two years thereafter, and assumed personal, financial or
				  custodial responsibilities for the child.
If the mother of the child(ren) is a minor, the affirmation
					 may be that of the guardian or next friend of the mother.
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 9 - EXPEDITED PROCESS FOR THE COMMENCEMENT OF PATERNITY ACTIONS › Section 144-351-9-2 - METHOD OF SERVICE

Current through 2024-29, July 17, 2024
An authorized representative of the Department or a person
					 authorized by the
Maine Rules of Civil Procedure
may serve a
					 Notice of Paternity Proceeding. The notice must be served in
					 hand.
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 9 - EXPEDITED PROCESS FOR THE COMMENCEMENT OF PATERNITY ACTIONS › Section 144-351-9-3 - WRITTEN DENIAL OF PATERNITY

Current through 2024-29, July 17, 2024
An alleged father who has been served a Notice of
					 Paternity Proceeding may file a written denial of the allegation of paternity
					 by delivering it to the Division in person or by mail within 20 days after
					 service of the notice. If the Division does not receive a written denial of
					 paternity or an acknowledgment of paternity within 20 days after service of a
					 Notice of Paternity Proceeding, it may file a record of the proceeding in a
					 court as a paternity proceeding.
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 9 - EXPEDITED PROCESS FOR THE COMMENCEMENT OF PATERNITY ACTIONS › Section 144-351-9-4 - ACKNOWLEDGMENT OF PATERNITY

Current through 2024-29, July 17, 2024
An alleged father may execute and deliver to the Division
					 an acknowledgment of paternity prior to a record of a paternity proceeding
					 being filed in a court. If the Division receives an acknowledgment of paternity
					 prior to filing a record of a proceeding in a court, it must terminate the
					 proceeding and proceed against the father pursuant to Chapter 8 of the Manual.
					 An acknowledgment of paternity must be executed in accordance with the laws of
					 the state in which the child(ren) was (were) born.
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 9 - EXPEDITED PROCESS FOR THE COMMENCEMENT OF PATERNITY ACTIONS › Section 144-351-9-6 - FILING A RECORD OF A PATERNITY PROCEEDING IN A COURT

Current through 2024-29, July 17, 2024
A. After the Division serves a Notice of
				  Paternity Proceeding, it may, unless paternity has been acknowledged pursuant
				  to Section 9.4, above, file a record of the proceeding in a court as a
				  paternity proceeding if an alleged father:
1.
				  Does not file a written denial of paternity with the Division within 20 days
				  after service of the notice;
2.
				  Does not deliver an acknowledgment of paternity to the Division that has been
				  executed in accordance with the laws of the state in which the child(ren) was
				  (were) born within 15 days after the mailing to him of genetic test results
				  that show he is or may be the father of the child(ren); or
3. Refuses to submit to genetic
				  testing.
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 9 - EXPEDITED PROCESS FOR THE COMMENCEMENT OF PATERNITY ACTIONS › Section 144-351-9-7 - COURT ORDERED RELIEF

Current through 2024-29, July 17, 2024
If the Division files a record of a proceeding in a court
					 as a paternity proceeding, it may ask the court to:
A. Establish the alleged father as the legal
				  father of the child(ren);
B. Order
				  the alleged father to make periodic support payments required by the Maine
				  Child Support Guidelines;
C. Order
				  immediate income withholding for payment of current support and/or debt
				  owed;
D. Order the alleged father
				  to obtain health insurance for the child(ren) and to provide continuing proof
				  of coverage to the Division;
E.
				  Order the alleged father to pay reasonable medical, hospital, dental, and
				  optical expenses incurred on behalf of the child(ren);
F. Order the alleged father to reimburse the
				  mother, or the Department or other payor of public assistance, for the past
				  support, birth expenses, and medical expenses incurred on behalf of the minor
				  child(ren) to the time of trial; and grant judgment, as applicable, in the
				  amount of those expenses with execution to issue immediately;
G. Order the alleged father to make payments
				  to the Division when the mother receives TANF for the child(ren) or is a
				  non-TANF client and at all other times to the mother;
H. Order the alleged father to reimburse the
				  Department for the cost of genetic testing if he is not excluded as the father
				  of the child(ren) and is not indigent;
I. Order the alleged father to pay reasonable
				  attorney's fees and costs of prosecution, including prejudgment interest;
				  and
J. Grant any other relief
				  deemed just and proper.
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 9 - EXPEDITED PROCESS FOR THE COMMENCEMENT OF PATERNITY ACTIONS › Section 144-351-9-8 - NON-RESIDENT ALLEGED FATHERS

Current through 2024-29, July 17, 2024
A. A person who
				  engages in sexual intercourse with a resident of this State within this State
				  submits to the jurisdiction of the Division for the purpose of commencing a
				  paternity proceeding.
B. For
				  purposes of this chapter, alleged fathers residing outside the State are
				  subject to the jurisdiction of the Division to the fullest extent permitted by
				  the Due Process clause of the United States Constitution, Amendment XIV and to
				  the fullest extent permitted by Maine law.
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 9 - EXPEDITED PROCESS FOR THE COMMENCEMENT OF PATERNITY ACTIONS › Section 144-351-9-9 - DETERMINATION OF MATERNITY

Current through 2024-29, July 17, 2024
Provisions in this Chapter pertaining to paternity may
					 apply to determinations of maternity as needed to determine parentage
					 consistent with this Chapter.
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 10 - PROCEEDINGS UNDER 19-AM.R.S.A.Section 2352 (NOTICE OF SUPPORT DEBT) AND 19-AM.R.S.A. Section 2359 (EXPEDITED INCOME WITHHOLDING) › Section 144-351-10-1 - PROCEDURE IN GENERAL

Current through 2024-29, July 17, 2024
A. A Notice of
				  Support Debt ("Notice of Debt") is an adjudication of debt accrued and accruing
				  for the support of the dependent child(ren) of the responsible parent. The
				  Division may proceed under
				  19-A M.R.S.
				  §2352 and/or
				  19-A M.R.S.
				  §2359 as required, empowered, or so
				  authorized on behalf of the Department, any other state, any other state's IV-D
				  Agency, any non-TANF client of any other state's IV-D Agency or any non-TANF
				  client of the Department, regardless of whether TANF is being or has been
				  expended for the responsible parent's child(ren) by the Department or by any
				  other state or subdivision/instrumentality thereof. In the event that public
				  assistance has been paid by the Department or by any other state (or
				  sub-division/ instrumentality thereof) for the benefit of the dependent
				  child(ren) of the responsible parent, the responsible parent's arrearage/debt
				  may not be limited by the amount of such public assistance. The Division may
				  proceed under §2352 and §2359 simultaneously.
B. In the case of an ongoing support debt,
				  the debt continues to accrue after the liquidation by the Notice of Debt (See
				  Section 3 [A], below). Any subsequent debt is continually added to the original
				  adjudication to determine the total amount accrued and accruing. The absence of
				  subsequent Notices of Debt does not invalidate the ongoing debt accrued and
				  accruing since the original Notice of Debt was liquidated, even when/if the
				  order is later modified or reduced to zero.
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 10 - PROCEEDINGS UNDER 19-AM.R.S.A.Section 2352 (NOTICE OF SUPPORT DEBT) AND 19-AM.R.S.A. Section 2359 (EXPEDITED INCOME WITHHOLDING) › Section 144-351-10-2 - SCOPE OF LIABILITIES AND OBLIGATIONS WHICH MAY BE ENFORCED BY THE DIVISION UNDER 19-A M.R.S. section 2352 AND/OR 19-A M.R.S. section 2359

Current through 2024-29, July 17, 2024
On behalf of any of the persons or entities enumerated in
					 section 1, above, the Division, under
					 19-A M.R.S.
					 §2352 and/or
					 19-A M.R.S.
					 §2359, may enforce any and all
					 liabilities and/or obligations of a responsible parent under any support order
					 (as defined by
					 19-A M.R.S.
					 §2101 [13] and in Chapter 2,
					 "Definitions,"
Maine Child Support Enforcement Manual
) which
					 relate to obligations for child support, spousal support, health insurance
					 coverage, health insurance proceeds, and medical support and
					 expenses.
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 10 - PROCEEDINGS UNDER 19-AM.R.S.A.Section 2352 (NOTICE OF SUPPORT DEBT) AND 19-AM.R.S.A. Section 2359 (EXPEDITED INCOME WITHHOLDING) › Section 144-351-10-3 - REQUIREMENTS FOR A NOTICE OF DEBT

Current through 2024-29, July 17, 2024
The Notice of Debt ("Notice") will include:
A. A statement of the debt accrued or
				  accruing pursuant to an order issued administratively, by a court or a
				  recognized tribunal with the authority to issue child support orders under
				  19-A M.R.S.
				  §2301.
NOTE:
After
				  liquidation by the Notice of Debt, and from the date of receipt of the Notice
				  by the obligor forward, each accrual of the child support order becomes a
				  judgment due and payable on the day it accrues. These accruals are consequently
				  added to the debt amount stated on the face of the Notice of Debt. The debt and
				  accruals are legally enforceable using methods and remedies articulated in
				  Article 3:
Alternative Method of Support Enforcement of 19-A
,
				  Chapter 65,
Maine Revised Statutes
.
B. A statement of the terms of the support
				  order, including the names of each dependent child;
C. A statement that any property of the
				  debtor is subject to lien and foreclosure, administrative seizure and
				  disposition, order to withhold and deliver or other collection actions, and
				  that any debt determined to be owed by the responsible parent may be reported
				  to a consumer reporting agency;
D.
				  A demand for payment of the support debt within 20 days of receipt of the
				  Notice of Debt;
E. A statement
				  that the net proceeds of any collection action will be applied to the
				  satisfaction of the support debt accrued and accruing pursuant to the order for
				  support on which the debt is based.
F. A statement that debts enforced using
				  remedies activated by the liquidation of the Notice of Debt pursuant to
				  19-A M.R.S.
				  §2352 are not subject to the exemptions
				  enumerated in
Maine Revised Statutes
, Title 14, Chapter 507,
				  Subchapter 2, Article 7.
G. A
				  statement that the responsible parent has the right to request a hearing under
				  19-A M.R.S.
				  §2451, or, in the alternative, to seek
				  relief in a court of proper jurisdiction;
H. A statement that at the administrative
				  hearing only the following issues may be considered (see also Chapter 12,
Maine Child Support Enforcement Manual
, below):
(1) The receipt of public assistance by the
				  responsible parent;
(2) Uncredited
				  cash payments;
(3) The amount of
				  the debt accrued and accruing, excluding debts previously liquidated;
(4) The accuracy of the terms of
				  the support order as stated in the Notice of Debt; and
(5) The maintenance of any required medical
				  or dental insurance coverage;
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 10 - PROCEEDINGS UNDER 19-AM.R.S.A.Section 2352 (NOTICE OF SUPPORT DEBT) AND 19-AM.R.S.A. Section 2359 (EXPEDITED INCOME WITHHOLDING) › Section 144-351-10-4 - COMMENCEMENT OF ACTION

Current through 2024-29, July 17, 2024
Actions to collect any debt accrued and accruing under
					 19-A M.R.S.
					 §2301 may commence after 20 days after
					 the date of receipt of the Notice of Debt described in this
					 section.
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 10 - PROCEEDINGS UNDER 19-AM.R.S.A.Section 2352 (NOTICE OF SUPPORT DEBT) AND 19-AM.R.S.A. Section 2359 (EXPEDITED INCOME WITHHOLDING) › Section 144-351-10-5 - REQUIREMENTS FOR A NOTICE OF INTENTION TO WITHHOLD PURSUANT TO section 2359

Current through 2024-29, July 17, 2024
In addition to conforming to the requirements of
					 19-A M.R.S.
					 §2359(3), a Notice of
					 Intention to Withhold may include such other notices to and information for the
					 responsible parent as the Division deems appropriate.
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 10 - PROCEEDINGS UNDER 19-AM.R.S.A.Section 2352 (NOTICE OF SUPPORT DEBT) AND 19-AM.R.S.A. Section 2359 (EXPEDITED INCOME WITHHOLDING) › Section 144-351-10-6 - COMBINING OF NOTICE OF DEBT AND NOTICE OF INTENTION TO WITHHOLD

Current through 2024-29, July 17, 2024
A Notice of Debt (
					 19-A M.R.S.
					 §2352 ) and a Notice of Intention to
					 Withhold (
					 19-A M.R.S.
					 §2359 ) may be
					 combined.
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 10 - PROCEEDINGS UNDER 19-AM.R.S.A.Section 2352 (NOTICE OF SUPPORT DEBT) AND 19-AM.R.S.A. Section 2359 (EXPEDITED INCOME WITHHOLDING) › Section 144-351-10-7 - COLLECTION OF SUPPORT DEBT IN JEOPARDY

Current through 2024-29, July 17, 2024
If the Division finds that the collection of any support
					 debt accrued or accruing under
					 19-A M.R.S.
					 §2301 is in jeopardy, it may make demand
					 under
					 19-A M.R.S.
					 §2352(1) for immediate
					 payment of the support debt, and upon failure or refusal of the responsible
					 parent immediately to pay, may file and serve liens pursuant to
					 19-A M.R.S. §2357. An
					 action under
					 19-A M.R.S.
					 §§2358,
					 2363
					 and
					 2364 may not
					 be taken until the notice requirements of
					 19-A M.R.S.
					 §2352(1) are
					 met.
If immediate payment is demanded because collection is
					 determined to be in jeopardy, the Division shall afford the responsible parent
					 the opportunity for a review hearing to review the jeopardy issue within 5
					 business days of the responsible parent's request for such a review hearing.
					 Notice of the right to such a review shall be included in the demand for
					 immediate payment. A review affidavit need not be served in order for such a
					 review hearing to be scheduled.
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 10 - PROCEEDINGS UNDER 19-AM.R.S.A.Section 2352 (NOTICE OF SUPPORT DEBT) AND 19-AM.R.S.A. Section 2359 (EXPEDITED INCOME WITHHOLDING) › Section 144-351-10-8 - A SUPPORT ORDER NOT AFFECTED BY CERTAIN OTHER ORDERS

Current through 2024-29, July 17, 2024
A support order (as defined by
					 19-A M.R.S.
					 §2101 [13]) with respect to which the
					 Division is proceeding under
					 19-A M.R.S.
					 §2352 and/or
					 19-A M.R.S.
					 §2359, or which is the basis of the
					 Division's submittal for federal income tax refund offset pursuant to
					 42 U.S.C.
					 §
											664, shall not be deemed nullified,
					 vacated or in any way modified by:
A.
				  An order rendered pursuant to
				  19-A M.R.S.
				  §§4001 -
				  4014
				  (Protection from Abuse), unless such court order of support is an order issued
				  by the Maine District or Superior Court and the subsequent order rendered
				  pursuant to
				  19-A M.R.S.
				  §§4001 -
				  4014
				  explicitly expresses an intention to nullify, vacate or otherwise modify such
				  court order of support; or by
B.
				  An order for or regarding child support rendered pursuant to the
Uniform Reciprocal Enforcement of Support Act
(URESA) or
Revised Uniform Reciprocal Enforcement of Support Act
(RURESA)
				  of the State of Maine or of another state notwithstanding that the proceeding
				  in which such order was entered has not been dismissed, unless such interstate
				  order specifically provides for nullification or modification of such court
				  order of support; or by
C. An
				  order for or regarding child support rendered pursuant to the
Uniform
				  Reciprocal Enforcement of Support Act
(URESA) or
Revised
				  Uniform Reciprocal Enforcement of Support Act
(RURESA) of the State of
				  Maine or another state, regardless of whether such interstate order
				  specifically provides for nullification or any kind of modification of such
				  court order of support, if the interstate proceeding in which such order was
				  entered has been dismissed.
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 10 - PROCEEDINGS UNDER 19-AM.R.S.A.Section 2352 (NOTICE OF SUPPORT DEBT) AND 19-AM.R.S.A. Section 2359 (EXPEDITED INCOME WITHHOLDING) › Section 144-351-10-9 - APPLICABILITY OF FORMER 19 M.R.S. section 303

Current through 2024-29, July 17, 2024
Computation of a child support arrearage/debt under a
					 Maine court order which establishes or modifies a child support obligation
					 shall be governed by
					 19 M.R.S.
					 §303 as enacted by PL 1989, c. 156 (the
					 first paragraph of
					 19 M.R.S.
					 §303, as enacted by PL 1969, c. 175), if
					 the order was issued on or after October 1, 1969 and before April 17,
					 1990.
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 10 - PROCEEDINGS UNDER 19-AM.R.S.A.Section 2352 (NOTICE OF SUPPORT DEBT) AND 19-AM.R.S.A. Section 2359 (EXPEDITED INCOME WITHHOLDING) › Section 144-351-10-10 - LIMITATION ON CREDIT FOR PARENT/CHILD CONTACT

Current through 2024-29, July 17, 2024
In a proceeding to enforce a court order or administrative
					 decision for child support under
					 19-A
					 M.R.S. §2352 or
					 19-A
					 M.R.S. §2359, the responsible parent
					 shall receive a credit for such period(s) of time that his child(ren) have
					 visited with him only if and to the extent that the court order or
					 administrative decision by its terms expressly provides for such a
					 credit.
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 10 - PROCEEDINGS UNDER 19-AM.R.S.A.Section 2352 (NOTICE OF SUPPORT DEBT) AND 19-AM.R.S.A. Section 2359 (EXPEDITED INCOME WITHHOLDING) › Section 144-351-10-11 - STAY OF AGENCY ACTION

Current through 2024-29, July 17, 2024
If the responsible parent seeks a review of a Notice of
					 Debt pursuant to
					 19-A M.R.S.
					 §2451, or seeks relief in a court of
					 proper jurisdiction, and if the Division receives the request for review or
					 service of pleadings within 20 days after service of the Notice of Debt upon
					 the responsible parent, it shall stay collection action, except collection
					 action pursuant to
					 19-A M.R.S.
					 §2306. The Division shall accept
					 ordinary mail service of copies of all pleadings, which shall be addressed to
					 the Division representative whose name appears on the Notice of Debt. Service
					 upon the Department shall be in addition to any other service required under
					 the
Maine Rules of Civil Procedure
.
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 11 - RULES FOR HEARINGS › Section 144-351-11-1 - SETTING OF HEARING

Current through 2024-29, July 17, 2024
A. The hearing
				  shall be conducted privately and open only to:
1. The responsible parent, his witnesses and
				  legal counsel or other representative selected to participate in the
				  responsible parent's behalf at the hearing.
2. The TANF recipient or non-TANF support
				  enforcement services client.
3. The
				  TANF recipient or non-TANF client in the proceeding.
4. Departmental staff, representatives of the
				  Attorney General's Department, and witnesses selected by the Division to
				  participate in the hearing.
5. If a
				  TANF recipient is required to appear at a hearing, he is entitled to have his
				  own lawyer present. However, the cost of such legal representation shall be the
				  responsibility of the recipient and not the Department.
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 11 - RULES FOR HEARINGS › Section 144-351-11-2 - JURISDICTION OF THE HEARING OFFICER

Current through 2024-29, July 17, 2024
A. In
				  a contested matter under Chapter 8, the hearing officer has jurisdiction to
				  establish the responsible parent's child support obligations as provided by
				  these rules.
B. In a hearing under
				  Chapter 12, the hearing officer has jurisdiction to decide the merits of the
				  Division's action as provided by these rules, subject to the limits of Chapter
				  12 of the Manual.
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 11 - RULES FOR HEARINGS › Section 144-351-11-3 - ORDER OF PRESENTATION

Current through 2024-29, July 17, 2024
Generally, the Division presents its case first, in the
					 interest of providing a basic framework of documentary evidence and an initial
					 statement of issues. However, at a hearing to set aside a default decision, the
					 responsible parent generally presents his or her case first.
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 11 - RULES FOR HEARINGS › Section 144-351-11-4 - EVIDENCE

Current through 2024-29, July 17, 2024
A.
Exhibits
The hearing officer shall mark all exhibits received in the
					 order of their introduction, and make them part of the record.
B.
Certain papers deemed part of the
				  record
A notice of hearing or a review affidavit/affirmation and
					 a notice of review hearing in a §2451 proceeding, are deemed part of the
					 record if either (1) the hearing officer has a copy of the documents when the
					 hearing begins, or (2) the documents are presented to the hearing officer with
					 sufficient identifying information for inclusion in the record, without the
					 need of reading the documents into the record.
C.
Documentary/written evidence need
				  not be read into the record
Documentary or written evidence shall be identified
					 sufficiently for it to be admitted into evidence but need not be read into the
					 record, provided that a copy thereof is possessed by or is made available to
					 the person against whose interest it is offered in
					 evidence.
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 11 - RULES FOR HEARINGS › Section 144-351-11-5 - DECLINATION TO OFFER EVIDENCE

Current through 2024-29, July 17, 2024
Upon a party being advised by the hearing officer
					 presiding at a hearing that further, additional or other evidence is required
					 of or should be offered or submitted by the party in order for a decision to be
					 rendered on one or more issues in the proceeding, such party shall have the
					 option of:
(a) offering/submittingsuch
				  evidence within a reasonable period of time to be set by the hearing officer;
				  or
(b) upon being so advised by the
				  hearing officer or at any time during the period set by the hearing officer for
				  the offer/submission of evidence, of declining to offer/submit such evidence.
				  In the event of the party exercising option (b), a decision must be rendered in
				  the proceeding, which decision shall be based upon the evidence which is in the
				  record and shall specify the respect(s) in which, if any, the decision is based
				  upon the absence in the record of the evidence which such party has declined to
				  offer/submit.
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 11 - RULES FOR HEARINGS › Section 144-351-11-6 - DECISION REQUIRED FOR FINDING OF NO JURISDICTION

Current through 2024-29, July 17, 2024
If the hearing officer determines that he or she has no
					 jurisdiction to render a decision on one or more issues, the hearing officer
					 must render a decision that explains the basis of that
					 determination.
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 11 - RULES FOR HEARINGS › Section 144-351-11-7 - WITHDRAWAL WITHOUT PREJUDICE

Current through 2024-29, July 17, 2024
A proceeding may be withdrawn without prejudice by the
					 party that has initiated or requested the proceeding (1) at any time before
					 evidence is taken in the proceeding, by so notifying the other party, or (2) at
					 any time prior to the rendition of a decision in the proceeding by (a) filing
					 with the Office of Administrative Hearings a stipulation of withdrawal signed
					 on behalf of the Division and signed and acknowledged by the responsible parent
					 or (b) by the entering of an oral stipulation of withdrawal without prejudice
					 on the record.
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 11 - RULES FOR HEARINGS › Section 144-351-11-8 - DECISIONS

Current through 2024-29, July 17, 2024
The Department's administrative decisions must conform to
					 all applicable laws. The Division shall develop and provide to the Office of
					 Administrative Hearings generic decision forms that satisfy all legal
					 requirements and which may contain other notices the Division deems
					 appropriate.
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 11 - RULES FOR HEARINGS › Section 144-351-11-9 - MISTAKES IN DECISIONS

Current through 2024-29, July 17, 2024
Mistakes and errors in decisions arising from oversight or
					 omission may be corrected by a hearing officer at any time on his own
					 initiative or on the application of either party to the proceeding to be made
					 on notice to the other party, or on the consent of both
					 parties.
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 11 - RULES FOR HEARINGS › Section 144-351-11-10 - THE RECORD

Current through 2024-29, July 17, 2024
A. The record shall
				  contain:
1. All applications, pleadings,
				  motions, preliminary and interlocutory rulings and orders;
2. Evidence received;
3. A statement of facts officially
				  noticed;
4. Offers of proof,
				  objections and rulings thereon; and
5. The decision.
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 144-351-12-1 - ADMINISTRATIVE REVIEW HEARINGS

Current through 2024-29, July 17, 2024
A. The Department
				  may conduct administrative review hearings:
1. That are specified in this chapter as
				  being available to the responsible parent or the Division;
2. That are alternative review hearings in
				  interstate tax refund offset cases; and
3. That the Division, as the State's Title
				  IV-D agency, is authorized or required to conduct by state or federal law,
				  rule, or regulation, or by direction of the Commissioner.
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 144-351-12-2 - TYPES OF ADMINISTRATIVE REVIEW HEARINGS

Current through 2024-29, July 17, 2024
A.
				  There are three types of administrative review hearings:
1. Appeal hearings;
2. Amendment hearings; and
3. Hearings to set aside a default decision.