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 144-351-8-9 - HOW THE SUPPORT OBLIGATION IS DETERMINED

Current through 2024-29, July 17, 2024
A. A current parental support obligation is
				  established in accordance with the support guidelines, unless the amount of the
				  obligation is established pursuant to
				  19-A M.R.S.
				  §2007.
B. If the Department determines that health
				  insurance coverage is available to the responsible parent at reasonable cost,
				  the Department must establish the responsible parent's obligation to provide
				  health insurance coverage for the dependent child or children, effective
				  immediately. Whether the cost of health insurance is reasonable is determined
				  by Chapter 25(1)(D). If the Department determines that health insurance
				  coverage is not available at a reasonable cost, the Department must establish
				  an obligation on the part of the responsible parent to obtain health insurance
				  coverage as soon as it becomes available at a reasonable cost.
C. The amount of a responsible parent's debt
				  for past necessary support is established by applying the most current child
				  support guidelines to the period(s) for which the custodial parent or the
				  Department is entitled to support.
1. A debt
				  may only be established for periods in which no court Support Order exists, and
				  may only be established for the six year period preceding service of the Notice
				  required by Section
				  4.
2. A debt for past necessary support may be
				  owed to the Department, to a custodial parent, to another state, or to any
				  other person (as defined by
				  19-A M.R.S.
				  §101(6) ) who has
				  provided necessary support for the child or children.
3. Individuals who receive TANF, or received
				  AFDC, from the Department assign all support rights to the Department pursuant
				  to
				  19-A M.R.S.
				  §2369, as required by
				  42 U.S.C. §
												602(a)(26)(A) and 45 C.F.R.
				  §233. The Division may attempt to establish a debt for past necessary
				  support for any period for which support rights have been assigned to the
				  Department, within the limitations in Paragraph 1. The Department shall
				  distribute collections from debts for past necessary support that are assigned
				  to the Department pursuant to
				  19-A M.R.S.
				  §2401, to the extent permitted by
				  42 U.S.C. §
												657(b)(4) and 45 C.F.R.
				  §302.51.
4. If the
				  responsible parent has been sanctioned to repay an AFDC or TANF overpayment to
				  the Department, the Department shall not obligate him or her to repay past
				  necessary support for the same period covered by the overpayment.
5. As part of the responsible parent's debt
				  for past necessary support, the Division may establish a debt owed by the
				  responsible parent for medical expenses. The amount of a responsible parent's
				  debt for medical expenses is determined by multiplying the total of all
				  qualified medical expenses (see Chapter 2 for the definition of "qualified
				  medical expense") for a given year by the responsible parent's percentage share
				  of the total support obligation (as defined by
				  19-A M.R.S.
				  §2001(10) ) for the
				  same year. The responsible parent's total debt for medical expenses is the sum
				  of the medical debt for each year.
The responsible parent's net medical debt is the
					 difference between the total medical debt and the amount for which the
					 responsible parent is entitled to receive credit. In order to receive credit,
					 the responsible parent must document that he or his insurer has paid all or
					 part of the qualified medical expenses that comprise the total medical debt.
					 Credit is limited to the actual amount paid.