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 1 - PRELIMINARY STATEMENT › Section 144-351-1-7 - ORGANIZATION OF RULES

Current through 2024-29, July 17, 2024
The rules are organized by chapters, which are divided
					 into sections. Sections are broken down into sub-sections; sub-sections, into
					 paragraphs; and paragraphs, into sub-paragraphs. Chapters are numbered by
					 Arabic numerals beginning with "1," as are sections. Sub-sections are lettered
					 with capital letters, beginning with "A." Paragraphs are numbered with Arabic
					 numbers beginning with "1." Sub-paragraphs are lettered with lower-case
					 letters, beginning with "a." (See "Citation of Rules,"
					 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 1 - PRELIMINARY STATEMENT › Section 144-351-1-8 - CITATION OF RULES

Current through 2024-29, July 17, 2024
In a full citation, the Arabic numeral designating a
					 chapter precedes a decimal. The Arabic number following the decimal designates
					 the section. Sub-section, paragraph and sub-paragraph indicators follow, each
					 enclosed in parentheses or brackets, as appropriate. For example, the citation
					 for "Chapter 7, Section 4, Sub-section G, Paragraph 2, Sub-paragraph d" would
					 normally be "7.4(G)(2)(d)." If, however, the whole citation is enclosed by
					 parentheses, the citation would be, e.g., as follows: "(But see
					 7.4[G][2][d])."A full citation to the Manual is always followed by the Manual
					 page on which the cited material appears, e.g., "7.4(G)(2)(d), p.30." The page
					 reference also confirms that what precedes it is a citation to the Manual and
					 not to a federal/State statute, State Rule of Practice, or rule of another
					 State agency. Whenever, because of the proximity of the material cited (or if
					 on any other basis it has been concluded that a full citation is not necessary
					 to achieve a clear reference), the component is cited by itself, e.g.:
					 "Sub-§A, above." A page reference in/following a citation is always a
					 reference to a page in 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 1 - PRELIMINARY STATEMENT › Section 144-351-1-9 - GENDER NEUTRALITY

Current through 2024-29, July 17, 2024
Gender-specific terms relating to the marital relationship
					 or familial relationships must be construed to be gender-neutral throughout
					 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 3 - SUPPORT ENFORCEMENT SERVICES › Section 144-351-3-1 - DUTY TO PROVIDE SUPPORT ENFORCEMENT SERVICES

Current through 2024-29, July 17, 2024
Upon referral or application, the Division of Support
					 Enforcement shall provide support enforcement services for all children who are
					 owed a duty of financial support from their parent(s), regardless of their
					 place of residence, circumstances, and whether they qualify for assistance
					 pursuant to Title IV-A of the
Social Security Act
. It may seek
					 to establish/enforce child support obligations under any appropriate
					 statutes.
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 3 - SUPPORT ENFORCEMENT SERVICES › Section 144-351-3-2 - DEFINITION AND SCOPE OF SUPPORT ENFORCEMENT SERVICES

Current through 2024-29, July 17, 2024
A. Support Enforcement Services Include:
1. Locating missing parents for the purpose
				  of establishing/reviewing/enforcing/collecting child support obligations or
				  establishing paternity;
2.
				  Establishing child support obligations;
3. Collecting, monitoring, enforcing and
				  distributing child support and accompanying spousal support
				  obligations;
4. Establishing
				  paternity of children;
5. Any other
				  activities pertinent to the establishment, enforcement and collection of child
				  support obligations; and
6.
				  Establishing and enforcing health insurance obligations and enforcing
				  court-ordered medical expense obligations when the medical expenses have been
				  paid by a person other than 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 3 - SUPPORT ENFORCEMENT SERVICES › Section 144-351-3-3 - REFERRAL FOR SUPPORT ENFORCEMENT SERVICES

Current through 2024-29, July 17, 2024
A. Cases may be referred to the Division by
				  the IV-A agency, IV-E agency, or Medicaid agency of this State, a IV-D agency
				  of another state, a Tribal IV-D agency, or a child support agency of another
				  country (as defined in Chapter 27 of this Manual).
B. Pursuant to
				  19-A M.R.S.
				  §2369, the receipt of public assistance
				  for a child constitutes an assignment by the recipient to the department of all
				  rights to support for the child and spousal support that accrue during the
				  period that the recipient receives public assistance for the child.
C.
Good Cause (Maine Cases
				  Only)
If the IV-A agency, IV-E agency or Medicaid agency finds
					 good cause not to refer a case to the Division, the case is not referred. If
					 good cause is granted after a referral has been made, the Division shall close
					 the referral and end all further activity. Good cause is generally granted when
					 the non-custodial party has perpetrated or threatened physical or psychological
					 violence against the custodial party or the child, and the establishment or
					 enforcement of child support could pose a threat to the family's
					 well-being.
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 3 - SUPPORT ENFORCEMENT SERVICES › Section 144-351-3-4 - APPLICATION FOR SUPPORT ENFORCEMENT SERVICES

Current through 2024-29, July 17, 2024
A.
Availability
Parents and legal guardians not receiving TANF or IV-E
					 Foster Care payments and non-TANF Medicaid recipients may receive support
					 enforcement services by making an application to the Division.
B.
Application
Application for support enforcement services shall be made
					 in a manner acceptable to the Division. A properly completed UIFSA petition may
					 be considered an application for services if filed by or on behalf of a
					 non-resident custodian/legal guardian.
C.
Application Fees
1. There shall be an application fee of one
				  dollar ($1.00). Any fees necessary for the use of federal support enforcement
				  assistance and costs for other services including, but not limited to,
				  paternity testing, filing/service fees, federal "locate only" fees and legal
				  services may be charged to the custodial party in advance or may be deducted
				  from monthly collections.
2. The
				  Department may waive collection of all or part of the aforementioned fees or
				  costs.
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 3 - SUPPORT ENFORCEMENT SERVICES › Section 144-351-3-5 - CONTINUATION OF IV-D SERVICES FOR FORMER TANF, IV-E FOSTER CARE, AND NON-TANF MEDICAID RECIPIENTS

Current through 2024-29, July 17, 2024
The Division shall continue providing IV-D services for an
					 individual who was receiving assistance under the TANF, IV-E Foster Care, and
					 Medicaid programs, but is no longer eligible for those programs. The Division
					 may not require an application, other request for services, or application fee
					 from any individual who is eligible to receive services under this section. The
					 Division shall notify the former recipient that IV-D services continue
					 automatically. The notice must describe available services, fees, cost
					 recovery, and distribution policies. The notice must inform the former
					 recipient that if she or he wants the Division to discontinue services, the
					 request must be in writing.
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 3 - SUPPORT ENFORCEMENT SERVICES › Section 144-351-3-7 - DISTRIBUTION AND TRANSMITTAL OF SUPPORT COLLECTIONS IN NON-TANF CASES

Current through 2024-29, July 17, 2024
A. Distribution of collections other than
				  those from federal income tax refund offset:
1. In all cases, monthly collections up to
				  the amount of current monthly support obligations are sent to the
				  client.
2. Child support collected
				  in excess of current support (except for federal income tax refund offset)
				  shall be distributed in the following priority: Arrears owed to the client that
				  accrued after the client no longer received TANF (post assistance arrears)
				  shall be paid to the client; then Arrears owed to the client that accrued
				  before the client received AFDC or TANF (pre-assistance arrears) shall be paid
				  to the client; and then any remaining arrears may be retained by the Department
				  and applied against arrears accrued and owed to the Department during the time
				  the client received AFDC or TANF and arrears that are permanently assigned by
				  the client. The Department will not reimburse more than the amount of public
				  assistance expended. Collected arrears owed by the same obligor on multiple
				  cases will be applied to each case on a pro-rata basis.
3. If there is no support arrearage or debt
				  for public assistance owed to the Department by the responsible parent, the
				  entire monthly collection is paid to 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 3 - SUPPORT ENFORCEMENT SERVICES › Section 144-351-3-8 - DEPARTMENT'S ENTITLEMENT TO RETURN OF AND RIGHT TO RECOVER MONIES THAT 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 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 monies he or
					 she improperly received, the Department may proceed by all allowable means 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 3 - SUPPORT ENFORCEMENT SERVICES › Section 144-351-3-9 - DEPARTMENT'S ENTITLEMENT TO RETURN OF AND RIGHT TO RECOVER MONIES THAT NONTANF 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 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 monies distributed to
					 her/him as are in excess of the amount to which she/he was entitled to have
					 distributed to her/him at the time of distribution of such monies. Monies to
					 which a non-TANF client is not entitled include, but are not limited to, (1)
					 monies to which another responsible-parent account (TANF or non-TANF) was
					 entitled; and (2) monies the Department has been obliged or required to return
					 to or credit to the account of the responsible parent. The applicability of
					 this section is not dependent upon which particular collection mechanism was/is
					 being utilized by the Division to enforce/collect the 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 4 - FEES › Section 144-351-4-1 - EMPLOYER FEES

Current through 2024-29, July 17, 2024
The Department is authorized under
					 19-A M.R.S.A.
					 §§2370 & 2663 to adopt a fee
					 that employers and other payors of income may charge a responsible parent for
					 the cost of complying with the State's income withholding laws. The fee that
					 employers may charge and deduct from the responsible parent's wages is $2 per
					 transaction.
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 4 - FEES › Section 144-351-4-2 - FEES AND COSTS CHARGED BY THE DEPARTMENT

Current through 2024-29, July 17, 2024
The Department's fee to the obligor for providing support
					 enforcement services under
					 19-A M.R.S.A.
					 §2103(3) is $2 per
					 transaction. The fee shall be $2 per pay period to all obligors whose child
					 support payments are made to the Department to reduce the Department's costs in
					 providing support enforcement services. The Department shall collect the fee
					 from obligors whose child support is paid to the Department under an income
					 withholding order by notifying the payor of income to the obligor to increase
					 withholding by $2 per pay period. The Department or any other person is not
					 required to issue a new or amended withholding order to collect the fee, but
					 shall notify the obligor of the increase in withholding.
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 4 - FEES › Section 144-351-4-3 - ANNUAL SERVICE FEE FOR OBLIGEE

Current through 2024-29, July 17, 2024
In the case of an individual who has applied for child
					 support services and never received assistance under a state program for the
					 children in that case and for whom the State has collected at least $550 in
					 child support in a fiscal year, the Department shall impose an annual $35 fee
					 for each child support enforcement case. The fee shall be retained by the State
					 from child support collected on behalf of the individual after the collected
					 exceeds $550 and shall be deemed to be paid by the custodial parent.
The annual fee may not be considered as an administrative
					 cost of the State for operation of child support enforcement services and must
					 be considered income to the program under which the individual has received
					 child support enforcement services. The non-federal share of the annual fee
					 collected pursuant to this subsection must be deposited as General Fund
					 undedicated revenue.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 5 - LIMITATION OF DEBT; BAR AGAINST COLLECTION (19-AM.R.S.A. Section 2302); SSI › Section 144-351-5-2 - NOT IN USE

Current through 2024-29, July 17, 2024
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 5 - LIMITATION OF DEBT; BAR AGAINST COLLECTION (19-AM.R.S.A. Section 2302); SSI › Section 144-351-5-3 - PUBLIC ASSISTANCE

Current through 2024-29, July 17, 2024
For purposes of this Chapter, "public assistance" means
					 money payments and medical care furnished to or for dependent children by this
					 state or another state as a result of an application for TANF, but not medical
					 care only. It does not include assistance furnished by a political subdivision
					 or municipality. A responsible parent who receives needs-based Medicaid
					 ("MaineCare") may be exempt under section
					 8(B) of 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 5 - LIMITATION OF DEBT; BAR AGAINST COLLECTION (19-AM.R.S.A. Section 2302); SSI › Section 144-351-5-4 - DUTY TO INFORM

Current through 2024-29, July 17, 2024
The Division's Notice of Debt must inform responsible
					 parents about the limitation of debt, bar against collection and SSI provisions
					 described in this chapter. A similar notice also must appear in the responsible
					 parent's copy of the Division's Order to Withhold and Deliver
					 form.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 5 - LIMITATION OF DEBT; BAR AGAINST COLLECTION (19-AM.R.S.A. Section 2302); SSI › Section 144-351-5-5 - PROOF OF CLAIM

Current through 2024-29, July 17, 2024
A responsible parent who claims that Section
					 1 of this chapter applies must
					 provide the Division with proof of his or her receipt of public assistance or
					 receipt of SSI. The Division shall make reasonable efforts to verify claims of
					 receipt of public assistance or SSI.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 5 - LIMITATION OF DEBT; BAR AGAINST COLLECTION (19-AM.R.S.A. Section 2302); SSI › Section 144-351-5-6 - TAX REFUND OFFSET

Current through 2024-29, July 17, 2024
For purposes of Sections
					 1 and
					 8(B) of this
					 chapter, a debt is not collected by tax refund intercept until the date of the
					 IRS Notice of Offset for a federal income tax refund, or the date of offset (or
					 setoff) by the State Tax Assessor for a state income tax
					 refund.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 5 - LIMITATION OF DEBT; BAR AGAINST COLLECTION (19-AM.R.S.A. Section 2302); SSI › Section 144-351-5-7 - ACTIONS ALLOWED

Current through 2024-29, July 17, 2024
Notwithstanding the provisions of this chapter, when a
					 responsible parent is in receipt of public assistance for his or her natural or
					 adopted children living in his or her home, or receives SSI, the Division may
					 take action that does not constitute collection, including, but not limited to,
					 the following:
A. Proceeding under
				  Chapter 8 of this Manual to establish or amend a child support obligation
B. Proceeding under
				  19-A M.R.S.
				  §2352 to establish a responsible
				  parent's obligation to pay past support
C. Filing a lien under
				  19-A M.R.S. §2357
D.  Investigating and aiding in
				  the prosecution of criminal nonsupport
E. Reporting a debt to a consumer reporting
				  agency under
				  10 M.R.S.
				  §1329
F.
				   Establishing paternity
G. Denying or revoking a passport.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 5 - LIMITATION OF DEBT; BAR AGAINST COLLECTION (19-AM.R.S.A. Section 2302); SSI › Section 144-351-5-8 - REUNITED FAMILY EXEMPTIONS

Current through 2024-29, July 17, 2024
A. When a
				  responsible parent informs the Department that the parent has reunited with the
				  former TANF recipient and the child or children for whom past-due support is
				  owed, the amount of income withholding should not exceed 20 percent of the
				  family earnings that exceed the federal poverty guidelines for a family of that
				  size, unless the responsible parent requests withholding of a greater amount.
				  Receipt of lump sum monies by the reunited family is not to be considered as
				  part of the family earnings and is subject to collection action by the
				  Department. Examples of lump sum monies include, but are not limited to:
				  federal or state tax refunds, lottery winnings, inheritances, personal injury
				  awards and workers' compensation or other insurance settlements. This
				  limitation applies only to debts owed to the Department.
B. The Department may not collect a child
				  support debt from a responsible parent when the child for whom the public
				  assistance debt is owed lives with the responsible parent, and that parent
				  receives MaineCare for the child, so long as the MaineCare grant is
				  needs-based. Such a debt may, however, be collected from nonrecurring lump sum
				  income, as defined in
				  22
				  M.R.S. §3762(11)(A), of
				  a responsible parent while that parent is an assisted obligor. The child
				  support debt must be owed to the Department and must be for the child now
				  residing with the responsible parent. This limitation applies only to debts
				  owed to the Department and not to debts owed directly to an obligee.
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 6 - CHILD SUPPORT GUIDELINES › Section 144-351-6-1 - APPLICATION

Current through 2024-29, July 17, 2024
Notwithstanding any other provisions of law, the Child
					 Support Guidelines (19-A M.R.S., Chapter 63) apply to any court action or
					 administrative proceeding in which a child support order is issued or modified
					 under
Maine Revised Statutes
Title 18-C, section
					 5-204, Title 19-A or Title 22
					 and to any court action or administrative proceeding in which past support is
					 awarded (19-A M.R.S. §
										2002) .
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 7 - IMPLEMENTATION OF CHILD SUPPORT GUIDELINES › Section 144-351-7-1 - IMPUTATION OF INCOME BASED UPON VOLUNTARY UNEMPLOYMENT OR VOLUNTARY UNDEREMPLOYMENT (19-A M.R.S.A. Section2001[5][D])

Current through 2024-29, July 17, 2024
A. The
				  goal of the Child Support Guidelines is to establish an accurate child support
				  order and obtain compliance with the order based upon the real circumstances of
				  the parties and the best interests of the child. The Department may impute
				  income where the noncustodial parent's lifestyle is inconsistent with reported
				  earnings or income and/or where there is evidence of income or assets beyond
				  those identified by that parent. Therefore, imputation of income pursuant to
				   19-A M.R.S.
				  §2001(5)(D) shall not
				  be made except upon the basis of evidence in the record as to those factors
				  which, in the circumstances of the parent, constitute his or her effective
				  earning capability. Such factors may include, but are not limited to:
1. prevailing work-availability conditions of
				  the job market within the commuting range of the parent's residence, or of a
				  residence to which he might reasonably be expected to move for the purpose of
				  supporting his or her children;
2.
				  training and education of the parent;
3. prior employment history of the parent;
4. actual availability of the
				  parent for employment.
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 7 - IMPLEMENTATION OF CHILD SUPPORT GUIDELINES › Section 144-351-7-2 - RESPONSIBLE PARENT ANNUAL GROSS INCOME OF LESS THAN FEDERAL POVERTY INCOME GUIDELINES

Current through 2024-29, July 17, 2024
The total weekly support obligation of a responsible
					 parent whose annual gross income is less than the federal poverty income
					 guidelines for one person shall be 10% of his or her weekly gross income for
					 all the children for whom a support award is being established or modified,
					 regardless of the amount of the combined annual gross income of the responsible
					 parent and the other 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 7 - IMPLEMENTATION OF CHILD SUPPORT GUIDELINES › Section 144-351-7-3 - SUBSISTENCE NEEDS OF A RESPONSIBLE PARENT (19-A M.R.S. section 2006[5][C])

Current through 2024-29, July 17, 2024
A. The term "federal poverty guideline" (
				  19-A M.R.S.
				  §2006 [5][C]), for the purpose of a
				  determination under
				  19-A M.R.S.
				  §2006(5)(C), shall be
				  deemed to refer to the federal poverty income guideline for one person for the
				  year in which the obligation is being set.
B. "Subsistence Needs" shall be defined as
				  the minimum basic necessities necessary to support life.
C. "Basic necessities," for the purpose of a
				  determination of subsistence needs under
				  19-A M.R.S.
				  §2006(5)(C), include
				  food, clothing, shelter, fuel, electricity, non-elective medical services as
				  recommended by a physician, prescription drugs, and telephone where it is
				  necessary for medical reasons.
D.
				  The responsible parent has the burden of presenting evidence that his or her
				  income is insufficient to meet work-related expenses and basic necessities. If
				  the responsible parent presents evidence in support of such an assertion, a
				  request by the Division for a continuance to enable it to rebut the responsible
				  parent's evidence shall be granted.
E. Subsection D. does not limit the role,
				  authority or responsibility of a hearing officer under Regulation V(D)(1)(d)
				  and Regulation V(D)(1)(f) of the Department's Administrative Hearings
				  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 7 - IMPLEMENTATION OF CHILD SUPPORT GUIDELINES › Section 144-351-7-4 - DEVIATION FROM SUPPORT GUIDELINES (19-A M.R.S. section 2007)

Current through 2024-29, July 17, 2024
A. A party seeking deviation from the support
				  guidelines shall have the burden of overcoming the presumption (
				  19-A M.R.S.
				  §2005 and §
										2007
				  [1]) that the parental support obligation derived from the support guidelines
				  is equitable and just, by providing written proposed findings showing that the
				  application of the presumptive amount would be inequitable or unjust. To meet
				  this burden a party must present evidence satisfying the criteria set forth in
				  19-A M.R.S.
				  §2007(3). If a party
				  presents evidence in support of a deviation, a request by the other party or
				  the Department for a continuance to enable it to oppose the proposed deviation
				  shall be granted.
B. Nothing in
				  subsection A. is intended to affect the role, authority or responsibility of a
				  hearing officer under Regulation V(D)(1)(d) and Regulation V(D)(1)(f) of the
				  Department's Administrative Hearings Manual.
C. To meet the requirements of
				  19-A M.R.S.
				  §2006(8)(F), if a
				  finding is made under
				  19-A M.R.S.
				  §2007(1), the specific
				  rationale for the deviation shall be part of the written decision which
				  establishes or modifies the child support award. In addition to the other
				  requirements for decisions establishing or modifying child support awards, a
				  decision establishing or modifying a child support award under
				  19-A M.R.S.
				  §2007 shall include a statement of:
1. The amount of support that would have been
				  required under
				  19-A M.R.S.
				  §2006; and
2.. How the decision varies from the support
				  guidelines, including:
a. the justification
				  of how the finding serves the best interests of the child(ren); and,
b. in cases where items of value are conveyed
				  in lieu of a portion of the child support presumed under the support
				  guidelines, the estimated value of items conveyed.
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 7 - IMPLEMENTATION OF CHILD SUPPORT GUIDELINES › Section 144-351-7-5 - FORMULATION AND ROUNDING OFF OF CHILD SUPPORT OBLIGATIONS

Current through 2024-29, July 17, 2024
Every child support obligation shall be established as a
					 weekly child support obligation per child, and set forth the total weekly
					 support obligation of the responsible parent. Obligation amounts shall be
					 rounded off to the nearest whole dollar, with the exception of amounts for
					 obligors with an income falling below the federal poverty level, which shall be
					 rounded down to the nearest dollar.
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 7 - IMPLEMENTATION OF CHILD SUPPORT GUIDELINES › Section 144-351-7-6 - COMPLIANCE WITH 19-A M.R.S. section 2006(8)

Current through 2024-29, July 17, 2024
A. The "amount for basic support
				  entitlements" (
				  19-A M.R.S.
				  §2006 [8][C][1]) shall be expressed per
				  week.
B. The "amount for child care
				  costs" (
				  19-A M.R.S.
				  §2006 [8][C][2]) shall be expressed as
				  the per week cost for each child for whom they are actually paid.
C. The "amount for extraordinary medical
				  expenses and health insurance "(
				  19-A M.R.S.
				  §2006 [8][C][3]) shall be expressed as
				  the per week cost for each child for whom they are actually paid.
D. The "specific sum to be paid depending on
				  the number of minor children remaining with the primary care provider" (
				  19-A M.R.S.
				  §2006 [8][E]) shall be expressed as the
				  per child per week basic support obligation of the responsible parent. This sum
				  shall be derived from the basic support entitlement. The basic support
				  entitlement is a function of the number of minor children remaining with the
				  primary care provider.
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 7 - IMPLEMENTATION OF CHILD SUPPORT GUIDELINES › Section 144-351-7-7 - TERMINATION OF OBLIGATION FOR DAY-CARE COSTS

Current through 2024-29, July 17, 2024
A responsible parent's obligation for day care costs for a
					 child under the age of 12 years (
					 19-A M.R.S.
					 §2006 [3][A]) ordered pursuant to an
					 administrative Decision shall terminate automatically upon a child reaching the
					 age of 12 years. The weekly child support obligation shall automatically reduce
					 by the amount of such terminated obligation without need of an additional
					 decision. A Decision establishing or amending such an obligation shall so
					 provide.
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 7 - IMPLEMENTATION OF CHILD SUPPORT GUIDELINES › Section 144-351-7-8 - COMPLIANCE WITH 19-A M.R.S.A. section 2006(7)

Current through 2024-29, July 17, 2024
Compliance with the requirements of paragraphs A. through
					 G. of subsection
					 7 of
					  19-A M.R.S.A.
					 §2006 shall constitute compliance with
					  19-A M.R.S.A.
					 §2006(7).
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 7 - IMPLEMENTATION OF CHILD SUPPORT GUIDELINES › Section 144-351-7-9 - COMPLIANCE WITH 19-A M.R.S.A. section 2006(8)

Current through 2024-29, July 17, 2024
A. The "amount for basic support
				  entitlements" (19-A M.R.S.A. §2006[8][C][1]) shall be expressed per week
				  at the appropriate age category over or under 12-years-of-age).
B. The "amount for child care costs" (19-A
				  M.R.S.A. §2006[8][C][2]) shall be expressed as the per week cost for each
				  child for whom they are paid.
C.
				  The "amount for extraordinary medical expenses and health insurance "(19-A
				  M.R.S.A. §2006[8][C][3]) shall be expressed as the per week cost for each
				  child for whom they are paid.
D.
				  The "specific sum to be paid depending on the number of minor children
				  remaining with the primary care provider" (19-A M.R.S.A. §2006[8][E])
				  shall be expressed as the per child per week basic support obligation of the
				  responsible parent. This sum shall be derived from the basic support
				  entitlement. The basic support entitlement is a function of the number of minor
				  children remaining with the primary care provider.
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 7 - IMPLEMENTATION OF CHILD SUPPORT GUIDELINES › Section 144-351-7-10 - TERMINATION OF OBLIGATION FOR DAYCARE COSTS

Current through 2024-29, July 17, 2024
A responsible parent's obligation for day care costs for a
					 child under the age of 12 years (
					  19-A M.R.S.A.
					 §2006 [3][A]) ordered pursuant to an
					 administrative decision shall terminate automatically upon a child reaching the
					 age of 12 years. The weekly child support obligation shall automatically reduce
					 by the amount of such terminated obligation without need of an additional
					 decision. A decision establishing or amending such an obligation shall so
					 provide.
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 7 - IMPLEMENTATION OF CHILD SUPPORT GUIDELINES › Section 144-351-7-11 - DEPARTMENT'S RULE FOR PROVISION OF INFORMATION NECESSARY TO APPLY THE SUPPORT GUIDELINES PURSUANT TO 19-A M.R.S.A. section 2004(2)

Current through 2024-29, July 17, 2024
Information necessary to apply the support guidelines (see
					  19-A M.R.S.A.
					 §2004 [2]) shall be provided by the
					 parties in accordance with existing practice and as permitted or as required by
					 Departmental rule, as in effect on April 16, 1990 and as thereafter and
					 hereafter amended.
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 144-351-8-1 - STATUTORY AUTHORITY

Current through 2024-29, July 17, 2024
The Department is authorized to establish child support
					 obligations administratively by
					 19-A
					 M.R.S. §2304.
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 144-351-8-2 - AVAILABILITY AND SCOPE OF PROCEEDING

Current through 2024-29, July 17, 2024
A.
				  When a Support Order has not been established by a court, the Department may
				  establish the responsible parent's current parental support obligation, debt
				  for past necessary support (including medical expenses) and/or obligation to
				  maintain health insurance coverage for the dependent child or
				  children.
B. The Department may
				  proceed on its own behalf or on behalf of another state, another state's
				  instrumentality, an individual or governmental applicant for services under
				  19-A M.R.S.
				  §2103, or a person who is otherwise
				  entitled to support enforcement services under federal law. The Department's
				  action on behalf of another state, another state's instrumentality or a person
				  residing in another state constitutes good cause within the meaning of
				  5 M.R.S.
				  §9057(5).
C. Notwithstanding any other provision of
				  law, a parental support obligation established under this chapter continues
				  beyond the child's 18th birthday, if the child is attending secondary school as
				  defined in
				  20-A M.R.S. §1,
				  until the child graduates, withdraws, is expelled or attains 19 years of age,
				  whichever occurs first.
D. For
				  purposes of this Chapter, "debt for past necessary support" includes a debt
				  owed to the Department under
				  19-A M.R.S.
				  §2301(1)(A), a debt
				  owed under
				  19-A M.R.S.
				  §2103 and a debt that accrues under
				  19-A M.R.S.
				  §§1553 and
				  1504.
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 144-351-8-3 - COURT ORDER OF SUPPORT

Current through 2024-29, July 17, 2024
"Support Order", as used in Section 2, is defined by
					 19-A M.R.S.
					 §2101(13), as issued by
					 a court. "Support Order" in this context does not include:
A. A protection from abuse or similar such
				  order that does not address the issue of support; and
B. A protection from abuse or similar such
				  order that has expired.
The above mentioned examples are for clarification only and
					 not meant to be an exhaustive list of all orders that are not court issued
					 orders of support. The Department may not impose a support order when a court
					 has taken jurisdiction over the case, as in that instance the matter is
res judicata
, and modification by another tribunal is
					 barred.
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 144-351-8-4 - NOTICE OF PROCEEDING

Current through 2024-29, July 17, 2024
To begin an administrative proceeding to establish a
					 support order, the Department shall serve the responsible parent with a Notice
					 and blank Statement of Income form. A copy of the Notice and a blank Statement
					 of Income shall be sent by regular mail to the custodial parent. The Notice
					 must state the following:
A. The names
				  of both parents and the names of the dependent child or children;
B. The Department's intention to establish a
				  support order, which may include a periodic payment for current support, a debt
				  for past necessary support including medical expenses and an obligation to
				  provide health insurance coverage;
C. That the responsible parent must complete
				  and submit the Statement of Income to the Department within 30 days;
D. That the Department will calculate a
				  proposed support order based on the State's child support guidelines using all
				  available information and, if there is a lack of sufficient reliable
				  information about a parent's actual earnings for a current or past period, the
				  Department presumes for the purpose of establishing a current support
				  obligation or a debt for past necessary support that the responsible parent has
				  or had an earning capacity equal to the average weekly wage as determined by
				  Department of Labor statistics for the applicable years;
E. That the Department will send to the
				  responsible parent by regular mail a copy of the proposed support order and the
				  Department's child support worksheet;
F. That the responsible parent may request a
				  hearing in writing within 30 days of the date of mailing of the proposed
				  support order;
G. That if the
				  Department does not receive a timely request for hearing, it will issue a
				  decision that incorporates the findings of the proposed support order and send
				  a copy of the decision to both parents by regular mail;
H. That, after a decision is issued, the
				  Department may enforce the decision by any lawful means, including (but not
				  limited to) immediate income withholding, lien and foreclosure, administrative
				  seizure and disposition, order to withhold and deliver and tax refund
				  intercept; and
I. That, 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.
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 144-351-8-5 - NOTICE OF PROPOSED SUPPORT ORDER

Current through 2024-29, July 17, 2024
After serving notice upon the responsible parent as
					 provided by Section 4, and after more than 30 days have elapsed, the Department
					 shall calculate the responsible parent's current parental support obligation
					 and debt for past necessary support as provided by Section
					 9. Based on its calculations under
					 the support guidelines, the Department shall issue a proposed support order.
					 The proposed support order must include the Department's calculations and state
					 the amount of the responsible parent's current parental support obligation and
					 debt for past necessary support, including medical expenses, and must state the
					 responsible parent's obligation to provide health insurance coverage for the
					 dependent child or children and pay a proportionate share of uninsured medical
					 expenses. The Department shall send a copy of the proposed support order to the
					 responsible parent and to the custodial parent by regular mail along with a
					 copy of the Department's child support worksheet. The proposed order must be
					 accompanied by a notice that states that:
A. The responsible parent has the right to
				  request a hearing within 30 days of the date of mailing of the proposed support
				  order and that if a hearing is requested, the Department will send the
				  responsible parent a notice of hearing by regular mail at least 30 days before
				  the date of the hearing, along with a statement of the hearing rights described
				  in Section 8;
B. If the Department
				  does not receive a timely request for hearing, the Department will issue a
				  decision that incorporates the findings of the proposed support order into the
				  Department's decision and send a copy of the decision to both parents by
				  regular mail;
C. If the Department
				  issues a decision that establishes a responsible parent's support obligation,
				  the Department may enforce the decision by any lawful means, including
				  immediate income withholding, lien and foreclosure, administrative seizure and
				  disposition, order to withhold and deliver, license revocation, unemployment
				  intercept and tax refund intercept; and
D. If the Department establishes a debt for
				  past necessary support, the Department may report the responsible parent and
				  the amount of that debt to a consumer credit reporting agency.
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 144-351-8-6 - RIGHT TO HEARING

Current through 2024-29, July 17, 2024
The responsible parent may request an administrative
					 hearing in writing within 30 days of the date of mailing of the notice
					 described in Section
					 5. If the responsible parent
					 delivers the request to the Division, it must be received within 30 days of the
					 date of mailing of the notice. If the request is mailed, the postmark date on
					 the envelope must be within 30 days of the date of mailing of the notice. A
					 request for hearing is deemed timely if the 30th day after the date of mailing
					 is a weekend, holiday or other non-business day for the Department and the
					 request is received by the Division or postmarked on the next business
					 day.
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 144-351-8-7 - NOTICE OF HEARING

Current through 2024-29, July 17, 2024
If the responsible parent makes a proper and timely
					 request for a hearing, the Department shall send the responsible parent a
					 Notice of Hearing by regular mail. The Department shall send the Notice at
					 least 30 days before the date of the hearing. The Notice must tell the
					 responsible parent the date, time and place of the hearing. The Notice also
					 must state the following:
A. The
				  responsible parent's hearing rights as described in Section 8;
B. That if the responsible parent does not
				  appear at the hearing, the Department will issue a decision that incorporates
				  the terms of the proposed support order;
C. That if a support obligation is
				  established, the responsible parent's property may be subject to immediate
				  income withholding, lien and foreclosure, administrative seizure and
				  disposition, order to withhold and deliver, license revocation, unemployment
				  intercept and other collection actions and that, if a debt for past necessary
				  support is established, the Division may report the responsible parent and the
				  amount of the debt to a consumer credit reporting agency; and
D. That if the responsible parent is ordered
				  to maintain health insurance coverage and does not do so, 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.
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 144-351-8-8 - HEARING RIGHTS

Current through 2024-29, July 17, 2024
A. The Department
				  shall conduct the hearing according to rules adopted by the Commissioner.
B. The purpose of the hearing is
				  to determine the nature and extent of the responsible parent's child support
				  obligation, if any, for the dependent child or children named in the Notice
				  issued under Section
				  4.
C. The responsible parent may present
				  evidence and testimony, cross-examine witnesses and contest the evidence relied
				  on by the Division.
D. The
				  responsible parent may represent himself or herself at the hearing or may be
				  represented by an attorney or other person.
E. In rendering a decision, the Department
				  may only consider evidence that is part of the hearing record.