Intergovernmental Reference Guide (IRG)
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Maine

Intergovernmental Reference Guide (IRG)
    Program Category:  
Updated On: 16 Aug 2023
Certified On: 10 Apr 2024

1. General Program-At-A-Glance

1. How many local child support offices are in your state excluding agencies with cooperative agreements?
9 local offices (Biddeford, Sanford, Portland, Lewiston, Augusta, Rockland, Bangor, Ellsworth and Caribou)
2. What is the name of your IV-D agency?
The Division of Support Enforcement and Recovery
3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.
We use both administrative and judicial to establish and enforce child support. We primarily use the administrative process for both establishment and enforcement but will move to court as necessary.
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4. Does your state use the following applications: EDE, CSENET, QUICK?
Yes we use all 3 applications on a regular basis. CSENET is accessed directly from our primary system, CSEME. The EDE and QUICK are accessed through the Child Support Portal.

2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).
The child support obligation ends when 1 of the following factors occur: (1) Any child reaches 18 years of age and has graduated from secondary school; (2) Any child reaches 19 years of age without having graduated from secondary school; (3) Any child obtains an order of emancipation; or (4) Any child dies.
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2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
The child reaches 18 years of age and has graduated from secondary school or reaches 19 years of age without having graduated from secondary school
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3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.
N/A
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4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.
No
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5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.
19-A MRS§2006.8(G)
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6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?
No
7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.
Orders are blanket orders, unless provided otherwise.
8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.
No

3. Statute Of Limitations

1. What is your state's statute of limitations for the collection of past-due support?
There is no limitation for the collection for past due child support.
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2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.
A complainant may commence an action at any time prior to the child's 18th birthday.
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3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?
There is no limitation for the collection for past due child support.
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4. Support Details

1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?
Maine uses an Income Shares Model for the child support guidelines. The guidelines apply to all court actions and administrative proceedings in which a child support order is issued or modified.
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2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.
Maine does have statute allowing us to charge 6% interest on past due support.
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3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.
Maine has not been charging interest.
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4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.
Maine has not been charging interest.
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5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?
Yes, limited to past two calendar years. If debt is more than two years old the request for services would need to include a court order for judgement on arrears.
6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?
Evidence of public assistance (TANF) or Legal Guardianship.
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6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain.
Yes
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7. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
Yes, either guardianship order or other court determination.
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8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit?
Social Security Disability only, if addressed in the order.
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9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.
Yes, when a non-custodial parent is in receipt of public assistance for a natural or adopted child, or if in receipt of Supplemental Security Income for themselves.
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5. Paternity/Parentage

1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.
No
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2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
Maine no longer requires a percentage of probability for genetic testing. Title 19-A §1559 governs
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3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).
If, prior to the filing in a court, the alleged father executes and delivers to the department an acknowledgment of paternity of the child in accordance with the laws of the state in which the child was born, and if the department does not require the alleged father to participate in blood or tissue-typing tests, the proceeding must be terminated and the department may proceed against the father under chapter 65, subchapter II, article 3 with respect to any remedy provided under that article. https://legislature.maine.gov/statutes/19-A/title19-Asec1861-2.html and see citation below
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4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.
The presumption of legitimacy of a child born during wedlock is overcome if the court finds that the evidence based upon genetic testing shows that the husband is not the father of the child
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5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.
The father's name is added to the birth certificate when the parents are married, or after an Acknowledgement of Paternity is signed by the parents or by court adjudication.
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6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe.
No
7. What, if any, is the agency name and link for your state's putative fathers' registry?
Maine does not have a Putative Father Registry.
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8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?
Birth Certificates, Affirmation of Paternity, Acknowledgment of Paternity, and Court Orders. There is no charge to the requesting IV-D Agency.
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9. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?
Yes, the fee for one certified copy is $15.00. The fee for additional certified copies of the same record is $6.00 each. Please make sure to include picture identification and supporting documentation, if applicable. The link to identification and eligibility requirements is provided below. A self-addressed stamped envelope and payment may be mailed to: Vital Records, 11 State House Station, 220 Capitol ST, Augusta, ME 04333-0011
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9.1. Describe any circumstances under which these fees may be waived?
None
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10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.
Maine does not recognize common law marriage.
11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.
N/A
12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?
Yes. One packet per case with separate Declarations for each child

6. Support Order Establishment

1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
The State of Maine primarily uses administrative procedures for establishment and uses judicial process as necessary.
1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.
The State of Maine uses the Administrative Process in the absence of an existing court issued child support order.
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1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.
Contested Paternity matters and subsequent child support orders will be resolved using the judicial process. Any action filed by the parties in District Court to address Parental Rights and Responsibilities or Divorce will include the appropriate child support order unless otherwise specified by the court.
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2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?
The Custodial Parent's income would be considered in the calculation of support. If a spouse or family member had a substantial income it might be considered under specific circumstances. If the noncustodial parent's income is at or below the Federal Poverty limits only his/her income would be used in the calculation.
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2.1. What documentation is required as proof/evidence of this information?
Child Support Affidavits / Statement of Incomes along with supporting paystubs, tax information, proof of Health Insurance, extraordinary medical expenses, and Child Care costs.
3. What criteria for rebutting your presumptive guidelines have been established in your state?
There are limited reasons for deviation from the presumptive guidelines under special circumstances. For example, extraordinary medical, dental, or educational expense incurred by a parent on behalf of the children involved, or for substantially equal care agreements.
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4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).
Yes, prior periods / support obligations can be established 6 years from the date service was made upon the non-custodial parent/putative father provided no other order for child support exists.
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4.1. What information or documentation does your state require to proceed with establishing support for prior periods?
Request for services, public assistance referral, or a completed UIFSA packet that includes the dates of public assistance or deprivation, income from all sources, medical and childcare expenses, payments received, medical and childcare expenses.
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4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?
Yes
4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
Yes, we are only able to seek support 6 years prior to the date of service of establishment paperwork upon the non-custodial parent provided no other orders for child support exist.
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5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?
There is no specific requirement.
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5.1. What about when public assistance is not being expended?
If no public assistance is being expended, the third-party custodian would be required to obtain guardianship or other equivalent order from the Probate or Family court.
6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?
If support is RESERVED, it is an establishment. If support is ordered to be ZERO SUPPORT, it is a modification.
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7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.
In the case of a court order, primary residency must be addressed. The exception would be when public assistance is being expended for the child(ren) of the court order. If the order was established administratively, primary residency has not been determined, and therefore does not need to be addressed. A new administrative decision would be established against the new non-custodial parent.
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7. Income Withholding

1. What are specific sources of income not subject to withholding?
TANF, SSI, Federal Work Study, and tribal funds unless there is an agreement / order from the tribe that we can collect these funds.
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2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.
Yes Maine adopted the federal Consumer Credit Protection Act income withholding limits. https://legislature.maine.gov/legis/statutes/19-A/title19-Asec2109.html
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2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA?
No
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2.2. What are the withholding limits for non-employees?
If the obligor is a non-employee, payor is instructed to obtain withholding limits from the Supplemental Information section can be found within the IWO.
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3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii).
$2.00 Processing fee per occurrence.
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4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.
Yes, $2.00 per occurrence is charged to handle State processing fees
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5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?
Yes
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5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?
The first pay period that occurs 7 days after the date of notice.
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6. When must an employer remit amounts withheld from an employee's pay?
Payments must be sent within 7 business days of the pay date.
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7. What are your state's sanctions for employers for not implementing income withholding?
Please see link.
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7.1. What are the penalties to an employer for failure to remit payments withheld?
A payor who knowingly fails to withhold income when income is usually paid to the obligor commits a civil violation for which a forfeiture not to exceed $100 for each failure to withhold may be adjudged.
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8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents.
Yes, withholding can be sent directly if the other tribunal has personal jurisdiction.
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8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.
Send a Transmittal #1, copy of the support order(s) and a certified debt calculation.
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9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents.
Yes, financial institutions may honor direct income withholding orders from other jurisdictions.
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9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.
N/A
10. How does a noncustodial parent contest an income withholding in your state?
A written request for an administrative appeal hearing must be received within 30 days of implementation.
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11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
Current support is paid first. Remaining funds would be divided proportionate to the debt totals according to PRWORA rules. https://legislature.maine.gov/statutes/19-A/title19-Asec2401.html
12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?
The following deductions are allowed from obligor's gross income: FICA, Federal Income tax, Medicare, State and local income taxes, to determine if there are sufficient funds to withhold for support.
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13. When does your state require the employer to send notice of an employee's termination?
A payor of income is unable to continue withholding from an obligor's income because the relationship between the payor and obligor ends, the payor shall send the department a written notice of termination within 15 days.
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14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.
Once payment is received it is distributed to the case according to PRWORA distribution guidelines.
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8. Distribution

1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.
TANF recipients receive the first $50.00 of current support collected each month as Pass Thru. Recipients are also eligible for Gap payments based on the household size, the household income and the amount of child support collected. The Gap is the difference between the State's TANF payment standard and the State's TANF Standard of Need.
2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.
No
3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?
The Division distributes collections according to PRWORA distribution rules.
4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?
PRWORA distribution rules are applied.
4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?
If current support has been met, any funds available to distribute to arrears is divided proportionally to the amount owed to each state.
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9. Enforcement

1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)
Financial institution, state lottery, gambling winnings, unemployment, and CSLN.
2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?
DSER requires that the other state provide certified court order, certified statement of arrears as of a date certain, general testimony, personal information form, confidential information form, and complete information regarding the financial institution holding the assets to be liened. This can all be done via EDE.
3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?
The Department is required by State and Federal law to provide information regarding support debts to credit reporting agencies. 10 M.R.S. §1329; 45 C.F.R. §303.105 (Policy Manual refers to 1329, which has been repealed). The Department may report debts of over $1,000.00 to a credit reporting agency. Although credit reporting is not a collection action per se, the Department may report support debts of less than $1,000.00 if the debt remains unpaid for 90 days and the responsible parent refuses to execute and comply with a written repayment agreement.
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4. To which credit bureaus does your state report a noncustodial parent's child support information?
TransUnion, Equifax, Experian, and Innovis
5. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative
6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"
The Division submits updates to the credit reporting agencies when the arrears are reduced to zero or the case is closed. The noncustodial parent may initiate a dispute directly with the Credit Reporting Agencies which will then initiate an Automated Consumer Dispute Verification which is sent to the Division for review.
7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
No
8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
Yes. Past-due support must be equal to or greater than $150 in current assistance cases. If the Obligor has more than one current assistance case, past due amounts owed may be combined to reach the $150 threshold. Past-due support must be equal to or greater than $500 in never-assistance cases. If the Obligor has more than one never assistance case, past due amounts owed may be combined to reach the $500 threshold
9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
No
10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
Yes, $500 arrears
11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount?
Yes, $500 arrears
12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount?
Yes, $500 arrears
13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial?
No
14. Are the financial institution attachment procedures in your state judicial, administrative, or both?
Administrative
15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?
No
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16. Is the financial institution attachment process in your state centralized and/or automated?
Neither. Eligible cases are reviewed to determine appropriateness of initiating the lien process.
17. What are the criteria to attach an account in a financial institution in your state?
Eligible cases are reviewed to determine appropriateness of initiating the lien process.
18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.
Banks doing business in Maine may honor withholding orders received from the states.
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19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.
Transmittal #1, certified court order, certified statement of arrears as of a date certain, general testimony, personal information form, confidential information form, and complete information regarding the financial institution holding the assets to lien. This can all be done via EDE.
20. Does your state's income withholding definition include amounts in financial institutions?
No. Maine requires a separate lien process to be initiated to the financial institution.
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21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?
Yes. DSER is responsible for supplying the responsible parent with all proper notices to the current or last known address
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22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?
Funds are not required to be held by the financial institution. Funds are required to be sent to the department within 30 days of receipt of an order to withhold and deliver.
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23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.
No
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24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.
100%, all funds are eligible for attachment. All funds are eligible for attachment including funds in joint accounts
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25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment?
A written request for an administrative appeal hearing must be received within 30 days of implementation.
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26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.
Yes https://legislature.maine.gov/legis/statutes/19-A/title19-Asec2358.html
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27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?
More than 60 days in arrears in making payments in full for current support; or more than 30 in arrears if the responsible parent has been more than 30 days in arrears at least 2 times within the previous 24 months; or is not making periodic payments in accordance with a written agreement; or not meeting the health insurance obligation as ordered.
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28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?
Entering into written agreement to pay current support; paying all past due support or an agreement to pay towards past due support; or meeting a health insurance obligation. https://legislature.maine.gov/statutes/19-A/title19-Asec2202.html
29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?
A responsible parent whose motor vehicle operator's license is under suspension for noncompliance with a support order may request the Division to issue a written statement that permits the Secretary of State to issue a temporary license valid for a period not to exceed 120 days. The Division may grant such requests only upon a showing of substantial need to obtain a temporary license and only if the obligor demonstrates his or her intention to comply with or seek amendment of the support order. Url: Maine Child Support Enforcement Manual, CH22 #9
30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.
More than 60 days in arrears in making payments in full for current support; or more than 30 in arrears if the responsible parent has been more than 30 days in arrears at least 2 times within the previous 24 months; or is not making periodic payments in accordance with a written agreement; or not meeting the health insurance obligation as ordered.
31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?
Entering into written agreement to pay current support; paying all past due support or an agreement to pay towards past due support; or meeting a health insurance obligation. Url: https://legislature.maine.gov/statutes/19-A/title19-Asec2202.html
32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?
No
33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.
More than 60 days in arrears in making payments in full for current support; or more than 30 in arrears if the responsible parent has been more than 30 days in arrears at least 2 times within the previous 24 months; or is not making periodic payments in accordance with a written agreement; or not meeting the health insurance obligation as ordered. Maine Inland Fisheries and Wildlife and the Department of Marine Resources issue a variety of temporary, seasonal, and/or annual licenses, each of which are governed by Maine laws
34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?
Entering into written agreement to pay current support; paying all past due support or an agreement to pay towards past due support; or meeting a health insurance obligation. Url: https://legislature.maine.gov/statutes/19-A/title19-Asec2202.html
35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?
No
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36. What are the criteria for initiating/filing a lien in your state?
Twenty-one days after receipt by a responsible parent of a notice of debt under section 2352 or 30 days after the date of mailing to the responsible parent of a decision of the department that requires the responsible parent to pay child support, the amount stated in the notice of debt or in the decision is a judgment in favor of the department, the oblige, or both. The judgment is a lien against all property of the responsible parent. The lien is separate from and in addition to a lien filed under this section.
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37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.
Administrative
38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe.
Yes, administrative
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39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.
Administrative. The Division shall notify the State Tax Assessor annually of all responsible parents who owe a liquidated child support debt greater than $25.00 which the Department is enforcing pursuant to either 19-A M.R.S. §2103 or §2301 https://www.maine.gov/sos/cec/rules/10/chaps10.htm#144
40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?
Pursuant to 19-A M.R.S. §2360 Title 19-A, §2360: Setoff of debts against lottery winnings (maine.gov), the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations may offset lottery winnings of persons owing a liquidated debt of support to the Department.
40.1. If yes, is this enforcement judicial, administrative, or both?
Administrative
41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?
N/A
42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?

10. Modification And Review/Adjustment

1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.)
Every 3 years
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2. What is your state's modification procedure? Briefly describe.
Orders can be reviewed 3 years after issuance or modification, or a showing of a substantial change in circumstances which results in a 15% or more change in the support obligation amount.
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3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)?
Orders can be reviewed 3 years after issuance or modification, or a showing of a substantial change in circumstances which results in a 15% or more change in the support obligation amount.
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4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?

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4.1. The earnings of the noncustodial parent have substantially increased or decreased.
Yes
4.2. The earnings of the custodial parent have substantially increased or decreased.
Yes
4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
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4.4. The cost of living has changed.
No
4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes
4.6. There has been a substantial change in childcare expenses.
Yes
4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
Extraordinary Medical Expenses
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5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).)
No
6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).)
Yes. Maine Child Support Manual Ch 13
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11. Lump Sum Payments

1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.)
Includes, but is not limited to, personal injury awards, lottery winnings, inheritances and similar nonrecurring forms of income. It does not include income earmarked by the payor for particular expenses such as awards or insurance proceeds earmarked for medical expenses, attorney's fees or the replacement of lost property. Proceeds from the conversion of a nonliquid asset to a liquid asset must be treated as an asset and not as nonrecurring lump sum income. 22 M.R.S. §3762(11)(A)
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2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.
No
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3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?
ME uses OMB approved income withholding orders, liens, order to withhold and deliver and electronic filing with the Child Support Lien Network (CSLN) for insurance settlements.

12. Cost Recovery And Fees

1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.
No
1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)
N/A
2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.
Yes, if the other state includes the costs in a certified debt calculation.
3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.
The fee is collected from the first support payment received after the $550 is paid to the Custodial parent.
3.1. Is it retained by the state from support collected?
Yes
3.2. Is it paid by the individual applying for child support services?
Yes
3.3. Is it recovered from the noncustodial parent?
No
3.4. Is it paid by the state out of its state funds?
No

13. Insurance Match

1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
No, but Maine participates in the CSLN.
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2. What criteria must a noncustodial parent meet to be eligible for your state’s participation in the federal insurance match program?
3. What process does your state use to intercept insurance payments?
All cases with arrearage in excess of $500.00 are submitted to the Child Support Lien Network (CSLN). Once there is a match, the workers then initiate the paper lien process
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4. How does another state initiate and intercept collections from your state’s workers’ compensation agency?
The requesting state must send a Transmittal #1.
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5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?
Yes

14. Family Violence


15. CSENet

1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)
Yes
2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)
Yes
3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).)
Yes
4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).)
Yes
5. Does your state send CSENet transactions to request interest information? (MSC R GRINT)
Yes
6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Yes

16. Copies Of Orders And Payment Records

1. What are the procedures and associated costs for obtaining a certified copy of a court order?
Written request and the cost will vary from court to court.
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2. What are the procedures and associated costs for obtaining a certified payment record?
Written request and no charge.
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17. Uniform Interstate Family Support Act (UIFSA)

1. What is the statutory citation for your state's enactment of UIFSA?
The Uniform Interstate Family Support Act is under Title 19-A, Chapter 67, §2801 - 3401
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2. How does your state define the tribunal (See UIFSA 103)?
A court, administrative agency, or quasi-judicial entity authorized under State law to establish, enforce, or modify support orders or to determine parentage.
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3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?
One
4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?
Yes

18. International - Reciprocity

1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)
Quebec
2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)
No
3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?
Yes

19. International Information For Hague Convention Countries

1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).)
No
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2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.
No
3. What methods of personal service does your state use?
Certified mail restricted, civil process servers, First class USPS with acknowledgment
4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)
Childcare, medical insurance, and extraordinary medical expenses are included in calculations. Other adjustments available as deviations (19-A § 2007)
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5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.
Yes. Family Court may require mediation.
6. What circumstances will cause your state to end child support before the normal duration?
Child marries, becomes a member of the armed services, is deceased, or court ordered emancipation.
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20. International Payments

1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?
Checks and EFT via OCSS CAP program
2. What actions does your state take to reduce the costs and fees associated with international payment processing?
Maine is participating in the OCSS CAP program so disbursements are sent there and the exchange to the other countries currency is done before sending electronically.
3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.
Currently our international payments are being received by check.

21. Tribal Non IV-D

1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?
Yes
1.1. If yes, list the tribes and identify services provided, if less than full services.
Passamaquoddy Tribes in Washington County, Penobscot Tribe in Penobscot County, and Maliseet (Micmac) Tribe in Aroostook County. We proceed in Tribal Court proceedings when one member of the action is a member of the Tribe.
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2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?
Attorneys at the Maine Attorney General's office are allowed to practice in Tribal Court. They represent the State in matters where there is an interest for TANF, a contractual non-Welfare case, or for medical assistance.