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 19 - PERIODIC REVIEW AND MODIFICATION OF SUPPORT ORDERS › Section 144-351-19-9 - AMENDMENT HEARING; DECISION AFTER HEARING; EFFECTIVE DATE OF AMENDED DECISION

Current through 2024-29, July 17, 2024
A.
Notice.
If upon review of a support obligation established by an
				  administrative decision the Division finds a substantial change of
				  circumstances since the decision was issued or last amended, or that the
				  decision does not require the responsible parent to obtain or maintain health
				  insurance coverage if available at reasonable cost the Division may seek an
				  amendment of the support order. If so, the Division shall provide each parent
				  with a review affidavit that states the factual basis of the Division's
				  findings and a notice of hearing that states the date, time, and place of the
				  hearing to amend the decision. The Division shall serve (as provided by 19-A
				  M.R.S.A. §2253 (3) or §2254) the review affidavit and notice of
				  hearing upon a parent who did not request the review, unless that parent's
				  right to current support is assigned to the Department, and shall send the
				  review affidavit and notice of hearing by regular mail to a parent who
				  requested the review or whose right to current support is assigned to the
				  Department. Notice by regular mail to a parent who requested the review or a
				  parent whose right to current support is assigned to the Department is adequate
				  notice of the subject, date, time and place of the hearing. The Division need
				  not prove that a parent who requested the review or a parent whose right to
				  current support is assigned to the Department received actual notice of the
				  subject, date, time and place of the hearing. Along with the notice, the
				  Division also shall provide copies of both parents' income affidavits, if
				  provided, and the Division's Child Support Worksheet.
B.
Decision after hearing.
The
				  Department shall determine by a decision after hearing whether the responsible
				  parent's support obligation is consistent with the support guidelines and
				  whether the decision requires the responsible parent to obtain or maintain
				  health insurance coverage if available at reasonable cost. The Department shall
				  explain the factual basis for its computation of the responsible parent's
				  parental support obligation in its decision, and shall refer with specificity
				  to any other evidence relied on that is relevant to its determination of the
				  responsible parent's support obligation under 19-A M.R.S.A. §2006. If the
				  Department finds that the responsible parent's support obligation varies from
				  the support guidelines by more than 15% or does not require the responsible
				  parent to obtain or maintain health insurance coverage if available at
				  reasonable cost, the Department shall issue an amended decision based on the
				  support guidelines and health insurance requirements of 19-A M.R.S.A.
				  §2304. If the Department finds that the responsible parent's support
				  obligation does not vary from the support guidelines by more than 15% and
				  requires the responsible parent to obtain or maintain health insurance coverage
				  if available at reasonable cost, the Department shall find that there is no
				  substantial change of circumstances and shall not issue an amended decision.
				  For purposes of determining the responsible parent's current parental support
				  obligation, if there is insufficient reliable information about the responsible
				  parent's income, the Department shall presume that the responsible parent has
				  an earning capacity equal to the average weekly wage of a worker within this
				  State as determined by the Department of Labor statistics. If neither parent
				  objects to the Division's calculation of the responsible parent's current
				  parental support obligation the Department shall issue a decision that is
				  consistent with the Division's calculations.
C.
Effective date of amended
				  decision.
If the Department amends the decision, the decision is
				  effective from the date that the parent adversely affected by the decision was
				  served or otherwise notified by the Division of the amendment
				  hearing.