Home Page   Services   About Us   Testimonials   Contact Us  Free Services   State Law   Support Info   Helpful Links   FAQ   The Law Office of Ronn Bisbee Child Support Laws By State Maine State Profile A. General/State-At-A-Glance B. UIFSA C. Reciprocity D. Age of Majority E. Statute of Limitations F. Support Details G. Income Withholding H. Paternity I. Support Order Establishment J. Support Enforcement K. Modification and Review/Adjustment L. Lump Sum Payments M. Insurance Match A. General/State-At-A-Glance A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? State Administered/State Operated A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? Nine plus the Central Office. A3. With what types of agencies do you have cooperative agreements? State of Maine, Judicial Branch; Office of the Attorney General A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only? Yes A4.1. If yes, what is the statutory citation? 19-A MRSA §2103 For Additional Information - http://www.mainelegislature.org/legis/statutes /19-A/title19-Asec1603.html A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? No A4.3. If yes, please explain. N/A B. UIFSA B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? 10/01/1997       B2. What is the effective date of your State's UIFSA? 10/01/1997     B3. What is the statutory citation for your State's Act? 19-A MRSA §2801-§3401. For Additional Information - http://janus.state.me.us/legis/statutes/19-A/ title19-Ach67sec0.html B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)? 2001 B4.1. If your state has implemented the 2001 version, when was it implemented? 2003 B5. Optional comments regarding your State's UIFSA. Maine has enacted UIFSA 2008 to be effective upon ratification of the Hague Convention by the United States. C. Reciprocity C1. With what foreign countries does your State reciprocate? Germany, United Kingdom, Sweden, and Province of Newfoundland, Labrador, Dominion of Canada and Province of Quebec. C1.1. Does your State exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal only orders for foreign reciprocating countries? No C1.2. If yes, please explain. N/A C2. Has your State established reciprocity with any Tribal courts? No C2.1. If yes, list the Tribes and identify services provided, if less than full services. N/A D. Age of Majority D1. What is the age of majority in your State? 18 years of age. D2. What is the statutory citation for the age of majority? 19-A MRSA §1653(12). For Additional Information - http://www.mainelegislature.org/legis/statutes /19-A/title19-Asec1653.html D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. 18 years of age, unless the child is attending secondary school, then until the child graduates, withdraws or is expelled from secondary school or attains 19 years of age, whichever occurs first; becomes married; or becomes a member of the armed services. D4. Does the date of the order impact what law is applied? Yes   D4.1. If yes, please explain. Instruments executed prior to July 1971 used the age of 21 as the "age of majority." D5. Does child support end if the child leaves the household but does not emancipate? No D5.1. Optional comments regarding emancipation. N/A D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? No D6.1. If yes, please explain. N/A D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? Yes D7.1. If yes, please describe the procedure. Under certain limited circumstances, by prorating the total amount ordered between children. E. Statute of Limitations E1. What is your State's statute of limitations for collection of past due support? None, but there is a presumption of payment after 20 years. E2. What is your State's statute of limitations for paternity establishment? Before the child's 18th birthday. For Additional Information - http://www.mainelegislature.org/legis/Statutes /19-A/title19-Asec1554.html E3. Is dormancy revival/renewal possible? No E3.1. Please explain the circumstances when possible, and the length of time possible. N/A F. Support Details F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)? Income Shares Model. For Additional Information - No Link Provided F2. Does your State charge interest on missed arrears? No F2.1. If yes, please indicate the amount of interest charged and any related conditions. Although the State does not charge interest, it is authorized by statute. 19-A MRSA § 2354 authorizes 6% for an administrative debt. 14 MRSA § 1602-C authorizes Treasury Bill plus 6% post-judgment interest. F3. Does your State charge interest on retroactive support? No F3.1. If yes, please indicate the amount of interest charged and any related conditions.   F4. Does your State charge interest on adjudicated arrears? No F4.1. If yes, please indicate the amount of interest charged and any related conditions. For Additional Information - No Link Provided F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? Yes F5.1. If yes, under what circumstances? After the custodial parent pays the uninsured medical and submits a request to the non-custodial parent to pay. If the non-custodial parent refuses, the State will proceed on behalf of the custodial parent. F6. Does your state elect to recover costs or charge fees in your IV-D State Plan? No F6.1. If yes, what costs are recovered from/fees charged to the obligee? N/A F6.2. What costs are recovered from/fees charged to the obligor? N/A F7. Does your State recover costs on behalf of the initiating State? Yes F7.1. Optional comments regarding recovering of initiating State's fees. If they are a lump sum. Do not collect on an ongoing basis. F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. 14 MRSA §704-A, 19-A MRSA §1602, and §2253. For Additional Information - http://janus.state.me.us/legis/statutes/14 /title14sec704-A.html F9. Does your State establish, enforce, or modify spousal maintenance orders? Yes F9.1. If yes, under what circumstances? Enforce existing spousal support obligations only in conjunction with accruing child support. F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? No   F10.1. Optional comments regarding required information on spouse or partner. N/A F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance? This year we are paying the annual fee from State funds. F11.1. Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? No F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices? No F11.3. Does your State collect the fee from the absent parent? No F11.4. Does your State pay the fee out of its own funds? Yes. F12. When will your State implement the required DRA limited-assignment provision? 10/1/2009 F13. Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases? Yes, currently F13.1. If yes, provide the date. F14. Will your State participate in the pass through in Former Assistance cases? Not at this time. F14.1. If yes, provide the date. F15. Will your State discontinue eligible assignments under the DRA of 2005? Not at this time F15.1. If yes, list the eligible assignments your State would discontinue. N/A F15.2. When will your State discontinue each type of assignment? N/A F16. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? PRWORA distribution rules F17. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee? Upon notice to obligor and payee and subject to administrative hearing on objection. Caretaker relative must state under penalty of perjury that physical custody was not obtained illegally. 19-A MRSA § 2204. F17.1. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid-only with a different payee? N/A. Payments may only be redirected when cash aid is paid to caretaker relative. F17.2. What are your State's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only? N/A. Payments may only be redirected when cash aid is paid to caretaker relative. F17.3. How does your State collect the $25.00 annual fee on never-TANF cases? Currently it is paid by the state. G. Income Withholding G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? Income withholding. G2. What specific source of income is not subject to withholding? 19-A MRSA §2673 Defines Income. For Additional Information - http://www.mainelegislature.org/legis/statutes /19-A/title19-Asec2673.html G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? No G3.1. If yes, what are those limits? G4. What is the allowable fee per pay period for processing income withholding payments? $2 For Additional Information - http://www.mainelegislature.org/legis/ Statutes/19-A/title19-Asec2370.html G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? Immediately begin to withhold the obligor's income when the obligor is usually paid. G6. What is the date by which an employer must remit amounts withheld from an employee's pay? 7 business days. G7. What are your State's procedures for sanctioning employers for not implementing income withholding? Payor is contacted to determine why income withholding was not implemented. Department will take legal action against payors who knowingly fail to withhold income. G8. What is the penalty to an employer for failure to remit payments withheld? $100 fine per occurrence. G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? No G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order. N/A G9.2. Optional comments regarding direct withholding of UI benefits across state lines. None G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? Yes G10.1. Optional comments regarding direct withholding of WC benefits across State lines. None G11. How does an obligor contest income withholding in your State? Through an administrative hearing or court proceeding. G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). Employers must pay current support on all child support orders first. If there is insufficient monies to satisfy multiple order withholdings may be proportioned among multiple cases. 19-A MRSA § 2675 effective 09/12/2009 G12.1. If an employer in your State receives more than one income withholding order for child support from other States; can the employer request your assistance? Yes G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. 19-A MRSA § 2675 effective 09/12/2009 provide information for employers regarding income withholding orders For Additional Information - http://www.mainelegislature.org/legis/Statutes/ 19-A/title19-Ach65sec0.htmlhtml G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? No G14. When does your state require the employer to send notice of an employee's termination? Upon termination of the employee. For Additional Information - No Link Provided G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? Until the court orders withholding ended or, as applicable, released in writing by the obligee or the Department. See 19-A MRSA 2659. G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? Yes G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? Yes G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? Yes For Additional Information - No Link Provided G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. Employers must honor immediate income withholding orders first prior to implementing medical support. For Additional Information - No Link Provided H. Paternity H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? Yes H1.1. If yes, please explain. However, 19-A MRSA §1565(2) states the court may order an allocation of parental rights and responsibilities. If either party objects to the allocation, that party must file a complaint with the court and an order from that action supersedes the initial allocation. H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? 97% For Additional Information - http://www.mainelegislature.org/legis/Statutes /19-A/title19-Asec1561.html H3. Optional comments regarding paternity acknowledgment conclusive legislation. H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? 01/1954         H4.1. Were acknowledgments prior to that effective date rebuttable? No H4.2. Optional comments regarding paternity acknowledgments prior to that date. H5. Does marriage constitute a rebuttable presumption of paternity? Yes H5.1. If yes, how is the presumption rebutted? The burden of persuasion is beyond a reasonable doubt. A genetic test will rebut the presumption as well as evidence that the father did not have access to the mother. H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? Yes   H6.1. If no, briefly explain. For Additional Information - http://www.mainelegislature.org/legis/ Statutes/22/title22sec2761.html H7. Does your State have any other paternity-related presumptions? No  H7.1. If yes, briefly explain. For Additional Information - No Link Provided H8. Does your State have a putative fathers' registry? No H8.1. If yes, what is the name of that entity? H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? Yes H9.1. If yes, please describe any circumstances under which these fees may be waived. None H10. Is common law marriage recognized in your State? No H10.1. If yes, briefly describe the standard that defines common law marriage. For Additional Information - No Link Provided H10.2. When did your current common law standard go into effect? H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) Judicial discretion to allow telephone conferencing or any other manner. H12. Please give the statutory citation for your State's long arm statute and list any special provisions. 14 MRSA §704-A, 19-A MRSA §1602, and §2253. For Additional Information - http://janus.state.me.us/legis/statutes /14/title14sec704-A.html H13. Does your State recover genetic testing costs for other States? Yes   H13.1. If so, please explain. If the cost is included within the child support order. H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? Either an Acknowledgement of Paternity or adjudication by the Court is required prior to putting a father's name on the birth certificate. H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? 10/01/1954   H16. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? One set of documents with a paternity affidavit for each child should be sent. I. Support Order Establishment I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation? Administrative or judicial process can be used to establish a support obligation. I1.1. If your State can establish under both, under what circumstances would the administrative process be used? The administrative process is used unless a court has assumed jurisdiction over the parties and the issue. I1.2. Under what circumstances would the judicial process be used? Judicial process used when court has assumed jurisdiction over the parties and issue. I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. 19-A MRSA §2251-2456 For Additional Information - http://janus.state.me.us/legis/statutes /19-A/title19-Ach65sec0.html I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) The CP as well as the available income and financial contributions of the domestic associate or current spouse of each party and a child's financial resources can be reasons to justify deviating from the support guidelines. For Additional Information - http://www.mainelegislature.org /legis/Statutes/19-A/title19-Asec2006.html I3. What criteria for rebutting your presumptive guidelines have been established in your State? 1. There are more than 6 children for whom support is being established. 2. The interrelation of the total support obligation, the division of property and a spousal support award made in the same proceeding. 3. The financial resources of the child. 4. The financial resources and needs of a party, including nonrecurring income not included in the definition of gross income. 5. The standard of living the child would have enjoyed if the marital relationship had continued. 6. The physical and emotional conditions of each child. 7. The educational needs of each child. 8. Inflation with relation to the cost of living. 9. Available income and financial contributions of the domestic associate or current spouse of each party. 10. The existence of other persons who are actually financially dependent on either party. 11. The tax consequences of the support award. 12. The fact that income at a reasonable rate of return may be imputed to non income producing assets with an aggregate value of $10,000 or more. 13. The existence of special circumstances of a child 12 years or older which for the child's best interest require the custodial parent to continue to provide employment related day-care. 14. The NCP's substantial financial obligation regarding the costs of transportation of each child for the purposes of parent and child contact (to be substantial must exceed 15% of the yearly support obligation). 15. A finding by the court or hearing officer that the application of the guidelines would be unjust, inappropriate or not in the child's best interest. 16. If combined annual income of the parents is in excess of $400,000. For Additional Information - http://www.mainelegislature.org /legis/Statutes/19-A/title19-Asec2007.html I4. Will your State establish support orders for prior periods? Yes   I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? A support order can be established for a period up to 6 years prior to the date of commencement of the action. I4.2. What information or documentation does your State require to proceed? The CP's affirmation. For Additional Information - No Link Provided I4.3. Will your State allow a petition for support when the only issue is retroactive support? Yes I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. For a period of up to 6 years prior to the date of commencement of the action. I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? Maine uses the administrative process for paternity, establishment, modification and enforcement of child support. For Additional Information - http://www.mainelegislature.org/legis/Statutes /19-A/title19-Ach65sec0.html I6. What is your State's statutory authority for the administrative process? 19-A MRSA § 2251 et seq. For Additional Information - http://www.mainelegislature.org/legis/Statutes /19-A/title19-Asec2251.html I7. Is there a local State law that allows an interstate administrative subpoena? No For Additional Information - No Link Provided I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? No. For Additional Information - No Link Provided I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? Yes, except when public assistance is being expended. See 19-A MRSA §2301. Creation of debt to department I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? Yes, except when public assistance is being expended. See 19-A MRSA §2204. Caretaker relative; change of payee I11. When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action? The state should request a modification of the action. J. Support Enforcement J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both? J1.1. Are your State income tax refund procedures judicial, administrative, or both? Administrative J2. Is the lien process in your State judicial, administrative or both? Administrative or Judicial J2.1. What are the trigger criteria for filing a lien? 21 days after receipt of Notice of Debt or 30 days after IV-D Agency's decision that requires non-custodial parent to pay child support. For Additional Information - No Link Provided J2.2. Where are your State liens filed? RP- County Registry of Deeds PP - Secretary of State. J2.3. Does your State charge a fee for filing a lien? Yes   J2.4. If yes, please indicate the amount. $15 copy additional pages are $15 each. First page may be received electronically for $10. J.3. Does your State enforce property seizure and sale? Yes J3.1. Are the property seizure and sale procedures judicial, administrative, or both? Judicial and administrative. J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? Administrative. J4.1. When must a NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect delinquent child support? When Case becomes delinquent. J4.2. Does your State's income withholding definition includes amounts in financial institutions? No   For Additional Information - No Link Provided J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? Yes J4.3.1 If yes, who notifies the NCP, the State or financial institution? State. J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? Simultaneously. J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? No minimum delinquency amount. No specified number of months delinquent. No accounts exempted. J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? N/A For Additional Information - No Link Provided J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? None J5.3. 1. If yes, please provide the time frame. N/A J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? No J5.4.1. If yes, please provide the percentage. N/A J5.4.2. Is the percentage different for joint accounts? No J5.4.3. If yes, please define. N/A J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount. No J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? n/a J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? 30 days For Additional Information - No Link Provided J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action? n/a J5.9. On what basis can an obligor and/or other account holders challenge/contest a freeze and seize action? Affirmative Defenses For Additional Information - No Link Provided J5.10. Is your State's complaint review process judicial, administrative or both? If using administrative process, review is administrative with right to appeal to court; if using judicial process, complaint is resolved judicially. J5.11. What are your State's penalties for incorrect seizures? None J5.12. Is the second challenge administrative, judicial or both? n/a J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? 21 days from date of mailing. No unique requirements. Non-debtor has same appeal rights as obligor. J5.14. Is the Freeze and Seize operation in your state centralized or automated? Automated. J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? None. J5.16. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? No J5.16.1. If yes, what is the amount? N/A J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? No   J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets. N/A For Additional Information - No Link Provided J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period? Yes 19-A MRSA 2358.5 For Additional Information - http://www.mainelegislature.org/legis/Statutes /19-A/title19-Asec2358.html J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency? 20 Days For Additional Information - No Link Provided J6. Does your State withhold State funds or benefits? Yes J6.1. If yes, is the method of withholding State benefits judicial, administrative, or both? Administrative J7. Please describe any other administrative enforcement procedures your State may have. J8. Please describe any other judicial enforcement procedures your State may have. Seek work orders. J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? Under development. For Additional Information - http://janus.state.me.us/legis/statutes /14/title14ch740sec0.html J10. Which of our State's enforcement remedies are available without registration? All administrative remedies are available without requiring registration of the order. Other states' orders are enforced in the same manner as Maine orders. J11. Describe your State's registration and enforcement procedures. N/A J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. Order would need to be registered to proceed with a judicial action. J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? Yes J13.1. If yes, please provide the statutory citation. 14 MRSA §8001. For Additional Information - http://janus.state.me.us/legis/statutes /14/title14ch740sec0.html J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States? Yes J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). N/A J15. Does your State use credit bureau reporting as an enforcement method? J15. Does your State use credit bureau reporting as an enforcement method? Yes   J16. Provide which credit bureaus your State report an obligor's child support information? Transunion; Equifax; Experian J16. Provide which credit bureaus your State report an obligor's child support information? J17. Is the method for credit bureau reporting judicial, administrative or both? J17. Is the method for credit bureau reporting judicial, administrative or both? Administrative J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? $1,000 dollars in arrears K. Modification and Review/Adjustment K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? Notices are sent to parents every three years informing them of the availability of order review. K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? Administrative orders are reviewed at the request of the CP, NCP or the Department. The Department assists with the court order reviews at the request of the CP or NCP. K3. Briefly describe your State's modification procedure. Administrative orders are reviewed at the request of either party. Income information is collected from both parties. The child support order is calculated based on current circumstances. If the new order would be 15% higher than the present order, or there has been a substantial change in circumstances, the administrative review proceeds. Court orders are reviewed in the same manner. K4. What are your criteria for modification (e.g., $50 or 20% from present order)? If an order is more than 3 years old, the tribunal must review the order. For orders less than 3 years old, there must be a substantial change in circumstances. Any order that would increase by 15% or more is considered a substantial change in circumstances and must be reviewed. K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? K5.1. The earnings of the obligor have substantially increased or decreased. Yes K5.2. The earnings of the obligee have substantially increased or decreased. Yes K5.3. The needs of a party or the child(ren) have substantially increased or decreased. Yes K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed. No K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. Yes K5.6. There has been a substantial change in child care expenses. Yes K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances? Change in insurance or any other circumstance that results in 15% change in support. K6. Does your State have cost of living adjustments (COLAs)? No   K6.1. If so, what index does your State use? N/A K7. How does your State credit SSA disability to current and past due support? If a child receives dependent benefits as a result of the obligor parent's disability, any tribunal establishing, reviewing or modifying the child support obligation or debt shall give the obligor parent credit for the dependent benefits paid to the child. K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc. If a non-custodial parent is in receipt of means-tested public assistance support may be abated. K8.1. If yes, please explain the situation? If a non-custodial parent is in receipt of means-tested public assistance support may be abated. K8.2. What is the statutory citation for your abatement law? 19-A MRSA §2302 For Additional Information - http://www.mainelegislature.org/legis/Statutes/ 19-A/title19-Asec2302.html K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. For Enforcement, Order Registration and Modification, Maine would need an attested copy of all support orders, payment history, a computation of arrears. Paternity and Establishment of a Support Order, Maine would need an attested copy of the birth certificate and a General Testimony. K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. State Bureau of Vital Statistics K9. What information is required to register an out-of-State order for enforcement/modification? A certified copy of the order, payment history and a computation of arrears. L. Lump Sum Payments L1. Does your State define a lump sum payment? No   L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? N/A L1.2 Provide the statutory citation. N/A For Additional Information - No Link Provided L2. Does your State law require employers to report lump sum payments? No L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. No but the Workers Compensation Board is required to report lump sum payments. 19-A MRSA Section §2360-A requires Workers Compensation to report lump sum payments. For Additional Information - No Link Provided L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? No L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? N/A L4. How are employers instructed to report a pending lump sum? N/A L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. N/A L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? N/A L7. Does your State use the income withholding order to attach the lump sum payment? Yes L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? Maine uses the administrative process to issue orders for garnishment. L8. Does your State use the lien/levy process to attach the lump sum payment? Yes L8.1 If yes, what is the name of the document your State uses to attach lump sum payment? Notice of Lien/Garnishment/Order to Withhold or Deliver, FIWO L9. What other documents does your State use to attach lump sum payments? N/A L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? Yes L10.1 If yes, what are those limits? Per federal law. For Additional Information - No Link Provided L10.2 If no, what percentage is the employer required to withhold? L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? Yes L11.1 If yes, would the employer only withhold for that period's obligation? No. The employer should contact the IV-D Agency, or more information on the correct amount to withhold. M. Insurance Match M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided. For Additional Information - http://www.dol.gov/esa/whd/regs/compliance/whdfs30.pdf M1.1. Additional information on the CCPA. For Additional Information - http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? No   M2.1. If yes, provide the statutory citation Workers' Compensation only For Additional Information - http://www.mainelegislature.org/legis/Statutes /19-A/title19-Asec2360-A.html M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency. N/A M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant. N/A M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)? A Notice of Debt must have been served on the NCP and 21 days expired without request for an appeal. M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold. M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant). M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied). M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law. No applicable For Additional Information - No Link Provided M2.8. Does your State law protect an insurer from liability for acting in accordance with the insurance match law? N/A M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? No applicable For Additional Information - No Link Provided M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs? M3.1. Please provide the statutory citation. For Additional Information - No Link Provided M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy). Order to Withhold and Deliver Notice of Support Lien M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency? DSER sends a copy of the OWD and Support Lien to the NCP. M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept. Order to Withhold and Deliver 19-A MRSA §2458(2) For Additional Information - http://www.mainelegislature.org/legis/Statutes/ 19-A/title19-Asec2358.html M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide the statutory citation. Yes, 30 days. For Additional Information - http://www.mainelegislature.org/legis/Statutes/ 19-A/title19-Asec2451.html M6. Are there attorney fees associated with the insurance intercept activity? M7. How does another State initiate and intercept collections from your State Workers Compensation agency? The initiating state must submit an Interstate Transmittal for enforcement. M7.1. What is the process, the points of contact, and what forms must be completed? The initiaing state sends an IET for Enforcment to the Maine Central Registry. Dedicated To Enforcing Your Support Order.
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