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 12 - PROCEEDINGS TO AMEND OR SET ASIDE ADMINISTRATIVE DECISIONS; PROCEEDINGS TO APPEAL AGENCY ACTION › Section 144-351-12-3 - NOTICE OF PATERNITY PROCEEDING NOT APPEALABLE

Current through 2024-29, July 17, 2024
A responsible parent is
not
entitled to and
					 may not be granted an administrative review hearing to contest a Notice of
					 Paternity Proceeding. Actions taken by the Division under Chapter 9 of the
					 Manual are not actions under the Alternative Method of Support Enforcement and
					 are not subject to administrative review.
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 144-351-12-5 - ISSUES THAT MAY BE CONSIDERED AT ADMINISTRATIVE REVIEW HEARINGS

Current through 2024-29, July 17, 2024
This section specifies the issues that the Department may
					 consider at administrative review hearings. The issues specified are the only
					 issues the parties may litigate at hearing. The Department may not render a
					 decision on issues that are not specified in this section.
A.
Notice of Debt (
				  19-A M.R.S.
				  §2352 )
(see also Chapter 10,
				  above)
1. Whether the responsible parent is
				  in receipt of public assistance for the benefit of any of the responsible
				  parent's natural or adopted children during the period(s) for which the
				  responsible parent's support debt is calculated;
2. Uncredited cash payments claimed by the
				  responsible parent;
3. The amount
				  of the debt accrued and the rate at which it accrues;
4. The accuracy of the terms of the court
				  order or administrative decision as stated in the Notice of Debt;
5. Whether the responsible parent is liable
				  for medical expenses incurred because the responsible parent did not obtain or
				  maintain health 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 12 - PROCEEDINGS TO AMEND OR SET ASIDE ADMINISTRATIVE DECISIONS; PROCEEDINGS TO APPEAL AGENCY ACTION › Section 144-351-12-6 - REVIEWABLE ISSUES THAT ARE NOT SET FORTH IN A REVIEW AFFIDAVIT

Current through 2024-29, July 17, 2024
At an appeal hearing, if a party presents reviewable issues
					 that are not set forth in the review affidavit or are not set forth with
					 sufficient clarity to adequately notify the other party of the actual grounds
					 for review, a recess or continuance shall be granted to allow the other party
					 to consider the issues, consult counsel or review materials if necessary, and
					 prepare arguments. The parties may waive a continuance by agreement. Issues
					 non-reviewable under Section 5, above, if raised at the hearing, will not be
					 considered.
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 144-351-12-8 - LIMITATION ON HEARINGS

Current through 2024-29, July 17, 2024
If the responsible parent requests a hearing, the
					 responsible parent may not present at that hearing arguments that he could have
					 made in connection with a prior action taken by the Division, but failed to put
					 forth at that time. For example:
A. At
				  a hearing on a Notice of Debt, neither a debt liquidated pursuant to a previous
				  Notice of Debt, nor debt accrued pursuant to the order for support after the
				  legal establishment by the Notice of Debt (see
				  19-A M.R.S.
				  §2352(2) ), may be
				  litigated by a responsible parent (See Chapter 2 Definitions, "Liquidated
				  Debt"). The original debt and subsequent Notices of Debt, if any, issued by the
				  Department will be presented separately at the hearing. The responsible parent
				  may only challenge the accuracy of the accrualswhich have occurred since the
				  liquidation event, either amount accrued or time period during which the debt
				  has accrued. Subsequent Notices of Debt, if any, will be regarded as debt
				  accrued or accruing in addition to the original debt. Computations presented at
				  hearing will identify each debt, and accruals where appropriate, separately,
				  and will also provide the total amount owed by an obligor, including all debts
				  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.
B. At a
				  hearing on an Order to Withhold and Deliver, if the responsible parent's
				  support debt has been liquidated by a Notice of Debt issued under
				  19-A M.R.S.
				  §2352, the responsible parent may not
				  present arguments that he failed to make upon liquidation or at a hearing on
				  the Notice of Debt; and
C. At a
				  hearing on a submittal for federal income tax refund offset, if the responsible
				  parent's support debt has been established prior to the hearing by court or
				  administrative action, the responsible parent may not litigate issues at the
				  hearing that could have been litigated in court at a prior hearing on a Notice
				  of Debt or a Notice of Intention to Withhold, or at a proceeding to establish
				  or modify a child support obligation.
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 144-351-12-9 - FAILURE OF A PARENT TO RAISE ISSUES

Current through 2024-29, July 17, 2024
If, at a hearing requested by the parent, the parent does
					 not raise issues that are otherwise reviewable under section 5, above, the
					 Department shall consider only the issues raised by the parent. The Department
					 shall resolve all reviewable issues that are not raised in favor of the
					 Division. The decision must be limited to evidence presented by the parties at
					 the 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 12 - PROCEEDINGS TO AMEND OR SET ASIDE ADMINISTRATIVE DECISIONS; PROCEEDINGS TO APPEAL AGENCY ACTION › Section 144-351-12-10 - NON-APPEARANCE BY A PARENT

Current through 2024-29, July 17, 2024
If the parent or representative of the parent does not
					 appear at a hearing requested by that parent, the Office of Administrative
					 Hearings will notify the parties that the request for a hearing will be
					 dismissed because of the failure to appear, and the decision of the action
					 being appealed shall take effect. The Notice will inform the requesting parent
					 of the steps necessary to reopen the 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 12 - PROCEEDINGS TO AMEND OR SET ASIDE ADMINISTRATIVE DECISIONS; PROCEEDINGS TO APPEAL AGENCY ACTION › Section 144-351-12-11 - FAILURE OF RESPONSIBLE PARENT TO RAISE ISSUES

Current through 2024-29, July 17, 2024
If at a hearing requested by the responsible parent, the
					 responsible parent does not raise issues that are otherwise reviewable under
					 section
					 7, the Department shall consider
					 only the issues raised by the responsible parent. The Department shall resolve
					 all reviewable issues that are not raised in favor of the Division.
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 144-351-12-12 - NON-APPEARANCE BY RESPONSIBLE PARENT

Current through 2024-29, July 17, 2024
If the responsible parent or representative of the
					 responsible parent do not appear at a hearing requested by the responsible
					 parent, the Office of Administrative Hearings will notify the responsible
					 parent that the request for a hearing will be dismissed because of the failure
					 to appear, that the decision of the action being appealed shall take effect and
					 shall advise the responsible parent of the process to reopen the
					 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 13 - DISPOSITION OF PROCEEDINGS BY SETTLEMENT, STIPULATION OR CONSENT DECISION; WAIVERS › Section 144-351-13-1 - DISPOSITION BY SETTLEMENT, STIPULATION, OR CONSENT DECISION

Current through 2024-29, July 17, 2024
A.
Authority
Pursuant to
					 5 M.R.S.
					 §9053(2), the
					 Department, through the Division, may resolve any proceeding or any issue in a
					 proceeding under
					 
					 19-A M.R.S. §§2304,
					 2359
					 or
					 2451, by
					 agreed settlement, stipulation or consent decision.
B.
Settlement or Stipulation
An agreed-upon settlement or stipulation may be entered on
					 the record by consent, either orally or presented in a written record, by the
					 obligor and the Division representative and other parties to the case (or by
					 each of them in the presence of the other, and agreed to on the record by one
					 or more of them) at a hearing. The written stipulation or agreement may be made
					 prior to the date and time of a hearing or continued hearing, and presented by
					 the Department at hearing with or without the presence of the obligor or other
					 parties.
C.
Consent
				  Decision
After a settlement or stipulation is made at a hearing, a
					 Decision shall be rendered in accordance therewith by the hearing officer,
					 provided that the proposed disposition of the proceeding is in accord with the
					 provisions of the Manual.
D.
Presentation of Decision
At the option of the Division, the Decision to be rendered
					 in accordance with such oral or written agreement or stipulation may be
					 presented to the hearing officer simultaneously with the agreement or
					 stipulation. If the agreement or stipulation is in writing, the Decision may be
					 part of the same document as the agreement or stipulation itself, or it may be
					 presented as a separate document.
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 13 - DISPOSITION OF PROCEEDINGS BY SETTLEMENT, STIPULATION OR CONSENT DECISION; WAIVERS › Section 144-351-13-2 - INCARCERATED OBLIGORS

Current through 2024-29, July 17, 2024
When a party is incarcerated, the Department may suspend
					 an order for support during the period of incarceration. When the Department
					 learns that the obligor will be incarcerated for more than 180 calendar days,
					 without the need for a specific request, and upon notice to all parties, the
					 Department will initiate a review of the order, and, if appropriate, adjust or
					 suspend it. The support order will automatically revert to the amount in place
					 before the obligor's incarceration two weeks after the obligor's release from
					 incarceration, or the first Friday after becoming employed, whichever occurs
					 first.
Notice of the decision will be sent to the custodial
					 parent, who may request a hearing on the matter within 10 business days of
					 receiving notice of the intended modification. The custodial parent may at any
					 time present evidence that the incarcerated obligor nonetheless has a source of
					 income through which to pay the previously ordered weekly support
					 amount.
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 13 - DISPOSITION OF PROCEEDINGS BY SETTLEMENT, STIPULATION OR CONSENT DECISION; WAIVERS › Section 144-351-13-3 - COMPLIANCE WITH LAW

Current through 2024-29, July 17, 2024
Where parties agree to an outcome of a dispute which they
					 wish to be memorialized in the form of a Decision, the hearing officer shall
					 approve such consent decision only if it is consistent with applicable law.
					 However, strict compliance with the requirement of these regulations shall not
					 be required in order to approve a consent 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 13 - DISPOSITION OF PROCEEDINGS BY SETTLEMENT, STIPULATION OR CONSENT DECISION; WAIVERS › Section 144-351-13-4 - WAIVERS

Current through 2024-29, July 17, 2024
A.
Waiver of Notice
A responsible parent may waive any requirement with respect
					 to service of a Notice of Hearing, receipt of a Notice of Review Hearing or
					 receipt of a Notice of Hearing to Set Aside a Default Decision. The waiver may
					 be made orally on the record before the hearing officer or it may be made in a
					 written record.
B.
Waiver of Hearing
Either party to a proceeding may waive that party's right
					 to a hearing. The waiver may be made orally on the record before the hearing
					 officer or it may be made in a written record.
C.
Form of Waiver
A waiver may be set forth in a written record, stipulation,
					 Consent Decision or Decision after Hearing. Other forms of waiver are permitted
					 if duly executed and witnessed.
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 14 - COLLECTION OF SUPPORT DEBT GENERAL RULES › Section 144-351-14-1 - AVAILABILITY OF COLLECTION-OF-SUPPORT-DEBT MECHANISMS TO THE DIVISION

Current through 2024-29, July 17, 2024
A. The following collection-of-support-debt
				  mechanisms are available to the Division in any combination or sequence (except
				  as limited by
				  19-A
				  M.R.S. §2302 and by Chapter 6 of this
				  Manual), for the Department and its non-TANF clients, and for other states,
				  their IV-D Agencies and non-TANF clients of such agencies.
1. Any action pursuant to
				  19-A M.R.S.
				  §§2357,
				  2358,
				  2359,
				  2360,
				  2363
				  and
				  2364 and
				  8 M.R.S. §§300-B and
				  1066.
2. Submittal to IRS for
				  Federal Income Tax Refund Offset;
3. Submittal to the Maine State Tax Assessor
				  for State Income Tax Refund Offset;
4. Certification to IRS for full collection
				  of the debt; and
5. Any other
				  administrative or judicial collection-of-support-debt mechanism provided for by
				  or permitted under Federal or State 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 14 - COLLECTION OF SUPPORT DEBT GENERAL RULES › Section 144-351-14-2 - EXEMPT PROPERTY

Current through 2024-29, July 17, 2024
A. Weekly earnings.
				  Pursuant to
				  19-A M.R.S.
				  §2356, the maximum part of a responsible
				  parent's weekly aggregate disposable earnings that are subject to garnishment
				  or income withholding initiated pursuant to the Alternative Method of Support
				  Enforcement is:
1. Fifty percent (50%) of the
				  responsible parent's weekly earnings when the responsible parent is supporting
				  a spouse or dependent child, other than the spouse or child for whose benefit
				  garnishment or income withholding is initiated;
2. Fifty-five percent (55%) of the
				  responsible parent's weekly earnings when the responsible parent is supporting
				  a spouse or dependent child other than the spouse or child for whose benefit
				  garnishment or income withholding is initiated, providing that the support
				  arrearage owed by the responsible parent has been owed for at least twelve (12)
				  weeks;
3. Sixty percent (60%) of
				  the responsible parent's weekly earnings when the responsible parent is not
				  supporting a spouse or dependent child, other than the spouse or child for
				  whose benefit garnishment or income withholding is initiated; and
4. Sixty-five percent (65%) of the
				  responsible parent's weekly earnings when the responsible parent is not
				  supporting a spouse or dependent child, other than the spouse or child for
				  whose benefit garnishment or income withholding is initiated, providing that
				  the support arrearage owed by the responsible parent has been owed for at least
				  twelve (12) weeks.
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 15 - ALTERNATIVE METHOD COLLECTION-OF-SUPPORT DEBT MECHANISMS › Section 144-351-15-1 - ASSERTION OF LIENS (19-A M.R.S. section 2357)

Current through 2024-29, July 17, 2024
A. The Division may file and serve liens
				  under
				  19-A M.R.S. §2357 in
				  accordance therewith, and also as provided by
				  19-A M.R.S.
				  §2352(3).
B. A letter accompanying the Notice of Lien
				  must advise the responsible parent of the right to an administrative review of
				  the filing and serving of the Notice of Lien, the time period within which such
				  a review must be requested, the grounds for such a review, and the issues which
				  may be considered and determined upon such a review.
C. The only grounds for review, and the only
				  determination that may be made through the review requested in paragraph B
				  above, is whether the statutory requirements under
				  19-A M.R.S. §2357 for
				  the filing of the Notice of Lien were complied with, or whether the amount of
				  debt set forth in the Notice of Lien is correct and still
				  outstanding.
D. The Division may
				  execute any "release or waiver" referred to in
				  19-A M.R.S.
				  §2357(3)(A).
E. If it deems the responsible parent's
				  assurance of payment adequate, or if it determines that collection of the debt
				  will be thereby facilitated, the Division may release a lien on all or part of
				  the liened property pursuant to
				  19-A M.R.S.
				  §2365.
F. Pursuant to
				  10 M.R.S.
				  §4013, liens shall be released within 60
				  days of satisfaction or discharge in full 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 15 - ALTERNATIVE METHOD COLLECTION-OF-SUPPORT DEBT MECHANISMS › Section 144-351-15-2 - ORDER TO WITHHOLD AND DELIVER (19-A M.R.S. section 2358)

Current through 2024-29, July 17, 2024
A. In accordance with
				  19-A M.R.S.
				  §2358, the Division may serve upon any
				  person an Order to Withhold and Deliver any property that is due to or belongs
				  to the responsible parent, if a lien has been filed properly in accordance with
				  the relevant statutes, or the proper time has elapsed from the receipt and
				  mailing of a Notice of Debt, as specified in the statute. Notice in the form of
				  a copy of the order must be sent to the responsible party by regular
				  mail.
B. The Division may release
				  an order to withhold and deliver on all or part of the property of the
				  responsible parent pursuant to
				  19-A M.R.S.
				  §2365 if it deems adequate an assurance
				  of payment, or if it determines that collection of the debt will be thereby
				  facilitated.
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 15 - ALTERNATIVE METHOD COLLECTION-OF-SUPPORT DEBT MECHANISMS › Section 144-351-15-3 - IMMEDIATE INCOME WITHHOLDING (19-A M.R.S. section 2306)

Current through 2024-29, July 17, 2024
An employer or other payor of earnings who is served with
					 an Income Withholding Order must:
1.
				  Immediately begin to withhold earnings.
2. Immediately after 20 days from the date of
				  receipt of the order to withhold and deliver, forthwith deliver to the
				  Department all earnings previously withheld, and thereafter send all amounts
				  withheld from earnings to the Department within 7 business days of the date the
				  responsible parent is paid.
Monies withheld from the debtor's earnings may be combined
					 with monies withheld from other employees'/payees' earnings if the portion of
					 the single payment which is attributable to the debtor is separately
					 identified, provided that such combining of monies withheld does not result in
					 the failure to send the amount withheld from the debtor's earnings to the
					 Department within 7 business days of the date the debtor is paid.
The failure of an employer or other payor of earnings to
					 honor this rule constitutes a failure to honor the order to withhold earnings,
					 within the meaning of
					 19-A M.R.S.
					 §2366.
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 15 - ALTERNATIVE METHOD COLLECTION-OF-SUPPORT DEBT MECHANISMS › Section 144-351-15-4 - ADMINISTRATIVE SEIZURE AND DISPOSITION OF PROPERTY (19-A M.R.S. section 2363)

Current through 2024-29, July 17, 2024
If it deems adequate an assurance of payment, or if it
					 determines that collection of the debt will be thereby facilitated, the
					 Division may return property seized pursuant to
					 19-A M.R.S.
					 §2365.
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 15 - ALTERNATIVE METHOD COLLECTION-OF-SUPPORT DEBT MECHANISMS › Section 144-351-15-5 - FORECLOSURE ON LIENS (19-A M.R.S. section 2364)

Current through 2024-29, July 17, 2024
In any action to foreclose a lien filed pursuant to
					 19-A M.R.S. §2357, the
					 Department shall notify the responsible parent that there are certain property
					 exemptions under State and federal law that may be available to him or her in
					 connection with such foreclosure.
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 15 - ALTERNATIVE METHOD COLLECTION-OF-SUPPORT DEBT MECHANISMS › Section 144-351-15-6 - SETOFF OF DEBTS AGAINST LOTTERY WINNINGS (19-A M.R.S. section 2360)

Current through 2024-29, July 17, 2024
Pursuant to
					 19-A M.R.S.
					 §2360, the Department of Administrative
					 and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations
					 may offset lottery winnings of persons owing a liquidated debt of support to
					 the Department.
If within 90 days of the mailing of a notice of intended
					 setoff to the winner the Department certifies to the Bureau that the winner did
					 not make a timely request for a hearing under Chapter 12 of this Manual or a
					 hearing was held and a debt was upheld, the Bureau shall offset the liquidated
					 debt against the winnings and refund any remaining winnings to the
					 winner.
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 15 - ALTERNATIVE METHOD COLLECTION-OF-SUPPORT DEBT MECHANISMS › Section 144-351-15-7 - CONSUMER CREDIT REPORTING

Current through 2024-29, July 17, 2024
The Department is required by State and Federal law to
					 provide information regarding support debts to credit reporting agencies.
					 10 M.R.S.
					 §1329; 45 C.F.R. § 303.105. The
					 Department may report debts of over $1,000.00 to a credit reporting agency.
					 Although credit reporting is not a collection action
per se
,
					 the Department may report support debts of less than $1,000.00 if the debt
					 remains unpaid for 90 days and the responsible parent refuses to execute and
					 comply with a written repayment agreement.
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 15 - ALTERNATIVE METHOD COLLECTION-OF-SUPPORT DEBT MECHANISMS › Section 144-351-15-8 - HEALTH INSURANCE COSTS

Current through 2024-29, July 17, 2024
If a responsible parent does not obtain health insurance
					 coverage as required by an administrative decision, that parent is liable for
					 any expenses incurred for dependent children that would have been paid by the
					 insurance coverage, regardless of the amount of the expenses. This liability
					 may be enforced as a child support debt under these rules or by judicial
					 action.
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 15 - ALTERNATIVE METHOD COLLECTION-OF-SUPPORT DEBT MECHANISMS › Section 144-351-15-9 - SETOFF OF DEBTS AGAINST GAMBLING WINNINGS (8 M.R.S. sections 300-B, 1066)

Current through 2024-29, July 17, 2024
A person licensed under
					 8 M.R.S.
					 §271 or §
										275-D to
					 conduct pari-mutuel wagering on horse racing in this State; or a person granted
					 a license under Title 8, Chapter 31, shall intercept gambling winnings to pay
					 child support in accordance with
					 8
					 M.R.S. §§300-B and
					 1066,
					 respectively.
A. The licensee will
				  make a good faith effort to obtain information from the support debt registry
				  to determine whether a particular winner owes a child support debt. "A good
				  faith effort" is shown when a licensee makes at least two separate attempts to
				  obtain information from the registry.
B. The licensee shall transmit the amount
				  withheld to the Division, together with the name and Departmental member ID of
				  the obligor, within 7 days after withholding the lien amount.
C. The information obtained from the Division
				  or the licensee for purposes of this Chapter is confidential, and may be used
				  only for the purposes of withholding gambling winnings for a child support
				  debt.
A winner from whom an amount was withheld pursuant to Title
					 8 has the right, within 15 days of receipt of the notice of withholding, to
					 request from the Department an Administrative Hearing under Chapter 12. The
					 hearing is limited to questions of whether the debt is liquidated and whether
					 any post-liquidation events have affected the winner's liability. The
					 administrative hearing decision constitutes final agency action.
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 16 - FEDERAL INCOME TAX REFUND OFFSET › Section 144-351-16-1 - IMPLEMENTATION OF FEDERAL MANDATE

Current through 2024-29, July 17, 2024
The Department's procedures for obtaining past-due child
					 support from federal income tax refunds are established pursuant to
					 45 C.F.R.
					 §§
											302.60 and
					 303.72,
					 as required by
					 42 U.S.C.
					 §
											664.
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 16 - FEDERAL INCOME TAX REFUND OFFSET › Section 144-351-16-2 - THE SUBMITTAL

Current through 2024-29, July 17, 2024
The Division shall submit periodically to the Office of
					 Child Support Enforcement ("OCSE") the names of properly noticed responsible
					 parents owing past-due child support. Past-due support qualifies for federal
					 tax refund offset in those cases in which:
A. The support obligation has been
				  established under a court order or judgment, or an administrative decision, for
				  the support of dependent child(ren), issued by any tribunal or administrative
				  process of the State of Maine or another state, territory or possession of the
				  United States and either:
1. There has been
				  an assignment of support to the State under
				  42 U.S.C. §
												608(a)(3) or
				  671(a)(17)
				  and the past-due support is not less than $150.00, or the amount set forth in
				  applicable federal regulations; or
2. The order, judgment, or decision is being
				  enforced under
				  45
				  C.F.R. §
												302.33, and the past-due
				  support is not less than $500.00, or the amount set forth in applicable federal
				  regulations, and, at the option of the Division, the amount has accrued since
				  the Division has begun to enforce the support order; and
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 16 - FEDERAL INCOME TAX REFUND OFFSET › Section 144-351-16-3 - IDENTIFICATION OF DEBTORS

Current through 2024-29, July 17, 2024
The Division shall identify individuals whose names are to
					 be submitted for federal income tax refund offset at least 15 days prior to
					 submission.
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 16 - FEDERAL INCOME TAX REFUND OFFSET › Section 144-351-16-4 - NOTIFICATION TO RESPONSIBLE PARENT

Current through 2024-29, July 17, 2024
A.
Pre-offset Notice - Form and Timing of Notice
The Division shall mail a written Notice to the last known
					 address of all selected responsible parents, informing them of the Department's
					 intention to seek offset of their federal income tax refunds (the Pre-offset
					 Notice) the first time the responsible parent's name is submitted to OCSE. A
					 Notice is not required for each subsequent submittal. The issuance of the
					 Notice may occur before or coincident with the submission of the offset list to
					 OCSE. No exemptions to federal tax offset will be made.
B.
Contents of Pre-offset Notice
The Notice shall inform the responsible parent:
1. Of the amount of the debt for past-due
				  child support;
2. That the
				  Division's action to seek offset is subject to Departmental administrative
				  review in the form of a hearing, and the grounds for and issues that may be
				  considered in such a hearing;
3.
				  That the request for hearing must be postmarked or hand-delivered to the
				  Department not later than the 30th day following the date of the Notice to the
				  responsible parent from IRS that his or her income tax refund or a portion
				  thereof has been offset for his or her child support debt (Notice of Offset),
				  otherwise the right to the administrative hearing shall lapse; and
4. That, in the case of a joint return, the
				  IRS will notify the responsible parent's spouse at the time of offset regarding
				  the steps to take to protect the share of the refund which may be payable to
				  that spouse.
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 16 - FEDERAL INCOME TAX REFUND OFFSET › Section 144-351-16-5 - NOTIFICATION TO RESPONSIBLE PARENT'S SPOUSE

Current through 2024-29, July 17, 2024
A. The
				  Pre-offset Notice shall inform the responsible parent's spouse of her or his
				  right to claim the portion of the refund to which she or he is entitled. This
				  Notice shall apply to any non-obligated spouse who is not individually liable
				  for the child support debt being assessed against her or his spouse.
B.
Contents of Notice to Non-obligated
				  Spouse
The Notice shall inform the individual:
1. That the entire joint tax refund will be
				  applied to the obligated spouse's indebtedness, unless the non-obligated spouse
				  takes appropriate steps to obtain his or her
pro rata
share;
				  and,
2. That if the non-obligated
				  spouse has earnings in that tax year and wants to receive his or her share of
				  the refund, he or she may file the appropriate IRS forms.
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 16 - FEDERAL INCOME TAX REFUND OFFSET › Section 144-351-16-6 - JOINT RETURNS

Current through 2024-29, July 17, 2024
The Department is without jurisdiction to resolve issues
					 relating to joint income tax returns, i.e., returns on which one of the filers
					 is not the responsible parent whose name was submitted for offset. The Division
					 shall refer all responsible-parent and other joint filers presenting complaints
					 or questions concerning the joint-return aspect of offset cases to the IRS
					 Service Center that has issued the Notice of Offset to the responsible parent
					 and the joint filer.
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 16 - FEDERAL INCOME TAX REFUND OFFSET › Section 144-351-16-7 - CHANGES SUBSEQUENT TO NOTIFICATION OF OCSE

Current through 2024-29, July 17, 2024
The Deputy Director of OCSE shall be notified in writing
					 of any decrease in or elimination of a past-due support debt referred for
					 collection by federal income tax refund offset.
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 16 - FEDERAL INCOME TAX REFUND OFFSET › Section 144-351-16-8 - DISTRIBUTION OF COLLECTIONS FROM FEDERAL INCOME TAX REFUND OFFSET

Current through 2024-29, July 17, 2024
Collections from federal income tax refund offset shall be
					 applied first to the satisfaction of any past-due support for public assistance
					 owed by the responsible parent to the Department, and then toward reduction of
					 any past-due support due a non-TANF client by the responsible parent. The
					 Department shall inform persons applying for services under
					 45
					 C.F.R. §
											302.33 of the foregoing by
					 means of its non-welfare contract, and shall inform persons entitled to support
					 enforcement services under Section 3.5 of this Manual by means of the notice
					 informing them of their entitlements to such services.
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 16 - FEDERAL INCOME TAX REFUND OFFSET › Section 144-351-16-9 - EXCESS PAYMENT

Current through 2024-29, July 17, 2024
If the amount received as a result of the income tax
					 refund offset exceeds the past-due support debt, the excess shall be repaid to
					 the responsible parent whose refund was offset as soon as possible after the
					 payment is received and is identified as being excessive.
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 16 - FEDERAL INCOME TAX REFUND OFFSET › Section 144-351-16-10 - DISTRIBUTION OF NON-TANF OFFSET COLLECTIONS

Current through 2024-29, July 17, 2024
A. In
				  cases where the Secretary of the U.S. Treasury, through OCSE, notifies the
				  State that an offset is being made to satisfy non-TANF past-due support from a
				  refund based on a joint return, the Department may delay distribution until
				  notified that the unobligated spouse's proper share of the refund has been
				  paid, or for a period not to exceed six months from notification of offset,
				  whichever is earlier.
B. Where and
				  to the extent the offset has been made to satisfy non-TANF past-due support, if
				  a timely request is made by the responsible parent for an administrative
				  hearing regarding the offset action, distribution of the offset monies to the
				  non-TANF client shall be made within 15 days of the date the appeal is
				  resolved, and all remedies of the responsible parent have been
				  exhausted.
C. In the case of
				  suspected fraud (for example, when the Department determines that, at the time
				  of the intercept, the noncustodial parent was either incarcerated long term,
				  deceased, did not file a return, had insufficient income to justify the offset
				  amount, etc.), in an attempt to avoid an erroneous intercept payment, the
				  Department may delay distribution of a suspicious tax refund offset referred to
				  the IRS for a period not to exceed six months from its receipt of the
				  offset.
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 16 - FEDERAL INCOME TAX REFUND OFFSET › Section 144-351-16-11 - DEPARTMENT'S ENTITLEMENT TO RETURN OF AND RIGHT TO RECOVER NON-TANF OFFSET MONIES WHICH A NON-TANF CLIENT IS NOT ENTITLED TO RETAIN

Current through 2024-29, July 17, 2024
The Department shall be entitled to the return of and may
					 recover from a non-TANF client any offset monies which have been distributed to
					 the client but which he or she is not entitled to retain. If such client fails
					 to comply with a demand in writing by the Department for the return of this
					 overpayment, the Department may proceed by set-off and/or by court action to
					 recover the amount of such monies from the client.
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 16 - FEDERAL INCOME TAX REFUND OFFSET › Section 144-351-16-12 - 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(1), 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 16 - FEDERAL INCOME TAX REFUND OFFSET › Section 144-351-16-13 - APPLICABILITY OF FORMER 19 M.R.S.A. 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.A. §303(1), as
					 enacted by PL 1989, c. 156 (the first paragraph of
					  19
					 M.R.S.A. §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 17 - STATE INCOME TAX REFUND OFFSET › Section 144-351-17-1 - NOTIFICATION TO STATE TAX ASSESSOR

Current through 2024-29, July 17, 2024
The Division shall notify the State Tax Assessor annually
					 of all responsible parents who owe a liquidated child support debt greater than
					 $25.00 which the Department is enforcing pursuant to either
					 19-A M.R.S.
					 §2103 or §
										2301.
The Division shall provide the State Tax Assessor with
					 information needed to identify each responsible parent submitted for offset.
					 The State Tax Assessor shall set off liquidated debts owed to the Department
					 against any refund due the responsible parent (
					 36 M.R.S.
					 §5276-A ).
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 17 - STATE INCOME TAX REFUND OFFSET › Section 144-351-17-2 - CHANGES SUBSEQUENT TO NOTIFICATION

Current through 2024-29, July 17, 2024
The Division shall notify the State Tax Assessor of any
					 decrease in or elimination of the past-due child support debt which it has
					 submitted for collection by State Income Tax Refund Offset.
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 17 - STATE INCOME TAX REFUND OFFSET › Section 144-351-17-3 - REVIEW HEARING

Current through 2024-29, July 17, 2024
A responsible parent must be given notice in writing by the
					 State Tax Assessor of:
1. An intended
				  income tax refund setoff; and
2.
				  The right to an administrative hearing on the intended setoff, as long as such
				  hearing is requested within 60 days following the responsible parent's receipt
				  of the notice. Such a hearing is deemed to be a review for all purposes within
				  the meaning of
				  19-A M.R.S.
				  §2451 and this 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 17 - STATE INCOME TAX REFUND OFFSET › Section 144-351-17-4 - FINALIZATION OF OFFSET

Current through 2024-29, July 17, 2024
If within 90 days of the Tax Assessor's notice to the
					 responsible parent the Division certifies to the State Tax Assessor either that
					 the responsible parent did not make a timely request for an administrative
					 review hearing, or that an administrative review hearing was held and a
					 liquidated debt was determined after hearing to be due the Department, the
					 State Tax Assessor shall offset the liquidated debt against the refund due the
					 responsible parent. Otherwise, the Tax Assessor shall release the entire refund
					 to 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 17 - STATE INCOME TAX REFUND OFFSET › Section 144-351-17-5 - ACCOUNTING

Current through 2024-29, July 17, 2024
The entire amount of any offset made against a
					 child-support debt shall be credited to the account of the responsible parent
					 whose refund has been offset.
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 17 - STATE INCOME TAX REFUND OFFSET › Section 144-351-17-6 - EXCESS PAYMENT

Current through 2024-29, July 17, 2024
If the amount received as a result of the refund offset
					 exceeds the support debt, the excess shall be repaid to the responsible parent
					 whose refund was offset as soon as possible after the payment is received and
					 identified as being excessive.
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 17 - STATE INCOME TAX REFUND OFFSET › Section 144-351-17-7 - DISTRIBUTION OF COLLECTIONS FROM STATE INCOME TAX REFUND OFFSET

Current through 2024-29, July 17, 2024
Collections from Maine state income tax refund offset
					 shall be applied first to the satisfaction of any support currently due, then
					 to past-due support for public assistance owed by the responsible parent to the
					 Department or other payor of public assistance, and then toward reduction of
					 any past-due support due a non-TANF client by the responsible parent. The
					 Department shall inform persons applying for services under
					 45
					 C.F.R. §
											302.33 of the foregoing by
					 means of its non-welfare contract, and shall inform persons entitled to support
					 enforcement services under Section 3.5 of this manual by means of the notice
					 informing them of their entitlement to such services.
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 17 - STATE INCOME TAX REFUND OFFSET › Section 144-351-17-8 - DEPARTMENT'S ENTITLEMENT TO RETURN OF AND RIGHT TO RECOVER NON-TANF OFFSET MONIES WHICH A NON-TANF CLIENT IS NOT ENTITLED TO RETAIN

Current through 2024-29, July 17, 2024
The Department shall be entitled to the return of and may
					 recover from a non-TANF client any offset monies which have been distributed to
					 the client but to which the client is not entitled. If the client fails to
					 comply with a demand in writing by the Department for the return of the offset
					 monies he or she incorrectly received, the Department may proceed by set-off as
					 well as by court action to recover the monies from the client.
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 17 - STATE INCOME TAX REFUND OFFSET › Section 144-351-17-9 - DEPARTMENT'S ENTITLEMENT TO RETURN OF AND RIGHT TO RECOVER NON-TANF OFFSET MONIES WHICH A NON-TANF CLIENT IS NOT ENTITLED TO RETAIN

Current through 2024-29, July 17, 2024
The Department shall be entitled to the return of and may
					 recover from a non-TANF client any offset monies which have been distributed to
					 the client but to which the client is not entitled. If the client fails to
					 comply with a demand in writing by the Department for the return of the offset
					 monies he or she incorrectly received, the Department may proceed by set-off as
					 well as by court action to recover the monies from the client.
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 17 - STATE INCOME TAX REFUND OFFSET › Section 144-351-17-10 - DEPARTMENT'S ENTITLEMENT TO RETURN OF AND RIGHT TO RECOVER NON-TANF OFFSET MONIES WHICH A NON-TANF CLIENT IS NOT ENTITLED TO RETAIN

Current through 2024-29, July 17, 2024
The Department shall be entitled to the return of and may
					 recover from a non-TANF client any non-TANF offset monies which have been
					 distributed to the non-TANF client but which the non-TANF client is not
					 entitled to retain. A non-TANF client is not entitled to retain so much of the
					 distributed non-TANF offset monies as is equal to the amount of non-TANF offset
					 monies the Department has been required or obliged to return to the offset
					 responsible parent. Upon the failure of a non-TANF client to comply with a
					 demand in writing by the Department for the return to it of the amount of
					 non-TANF offset monies the Department has been required or obliged to return to
					 or credit to the account of the offset responsible parent, the Department may
					 proceed by set-off as well as by court action to recover the amount of such
					 monies from the non-TANF client.