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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. What is the minimum number of days with each parent that can be considered in your guideline’s formula, and what evidence is required (for example, court-order custody schedule, parenting plan, or verbal testimony)? |
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3. 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. |
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4. Does your state’s IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions. |
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5. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
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6. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
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7. 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? |
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7.1 Does it matter if the child receives TANF or Medicaid-only? If yes, explain. |
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8. 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? |
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9. Does your state IV-D agency grant the noncustodial parent credit toward child support for Social Security Administration (SSA) auxiliary benefits paid to the custodial parent on behalf of a child when those benefits are based on the noncustodial parent’s SSA benefit? |
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9.1 If a child’s auxiliary SSA benefit paid to the custodial parent is greater than the current child support obligation, do you credit the excess amount against arrearages, and if so, how? |
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10. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
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11. If a child’s family benefit paid directly to the custodial parent is greater than the child support order, how do you credit the excess amount of current support? (That is, is it treated as a gift, paid to arrears accrued at any time, or treated as payment for a future period?) |
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12. If the case is an intergovernmental case, what is your process for notification and reconciliation of the SSA payments with the other state? |
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13. Does your state close cases when the noncustodial parent receives SSI only or when the noncustodial parent receives SSI and Title II benefits? |
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14. Does your state child support agency have a debt compromise program? |
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15. When a child reaches the age of majority or otherwise emancipates and arrears are owed on the order, how does your state determine the payment rate on arrears? (For example, is collection enforced at the support amount plus arrears amount?) |
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16. 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. |
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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. How is genetic testing coordinated within your state when the other party is in another state? |
Maine no longer requires a percentage of probability for genetic testing. Title 19-A §1559 governs
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3. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
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. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
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 marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
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 the father’s name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe. |
No
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7.Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
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Maine does not have a Putative Father Registry. |
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8. What, if any, is the agency name and link for your state’s putative fathers’ registry? |
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.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? |
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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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10. 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? |
Maine does not recognize common law marriage.
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10.1 Describe any circumstances under which these fees may be waived? |
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11. 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. |
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12. 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. |
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13. 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? |
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1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
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The State of Maine primarily uses administrative procedures for establishment and uses judicial process as necessary. |
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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? |
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Child Support Affidavits / Statement of Incomes along with supporting paystubs, tax information, proof of Health Insurance, extraordinary medical expenses, and Child Care costs. |
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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? |
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Yes |
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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? |
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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. |
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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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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 policy or procedures allowing the agency to use lower limits than the CCPA? |
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3. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain. |
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4. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
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5. What are your state’s sanctions for employers for not implementing income withholding? |
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6. What are the penalties to an employer for failure to remit payments withheld? |
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7. 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. |
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7.1 If no, what is your state’s process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents. |
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8. 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. |
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8.1 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. |
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9. How does a noncustodial parent contest an income withholding in your state? |
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10. 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. |
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11. Do you send IWOs to employers for independent contractors? If yes, do you have a special process for determining the amount to withhold? |
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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.) |
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Financial institution, state lottery, gambling winnings, unemployment, and CSLN. |
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2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request? |
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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. |
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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? |
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TransUnion, Equifax, Experian, and Innovis |
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5. Is the method for credit bureau reporting judicial, administrative, or both? |
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Administrative |
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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?" |
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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. |
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7. When your state is the responding state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount? |
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No |
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8. When your state is the initiating state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount? |
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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 |
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9. When your state is the responding state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount? |
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No |
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10. When your state is the initiating state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount? |
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Yes, $500 arrears |
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11. When your state is the responding state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum required past-due amount? |
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Yes, $500 arrears |
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12. When your state is the initiating state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum past-due amount? |
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Yes, $500 arrears |
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13. When your state is the responding state, does it submit past-due cases to OCSS for passport denial? |
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No |
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14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
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Administrative |
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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? |
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Neither. Eligible cases are reviewed to determine appropriateness of initiating the lien process. |
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17. What are the criteria to attach an account in a financial institution in your state? |
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Eligible cases are reviewed to determine appropriateness of initiating the lien process. |
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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. |
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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. |
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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 an obligor or joint account holder to contest a financial institution attachment? |
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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. |
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27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
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28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
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29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
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30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
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31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
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32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
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33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
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34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
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35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
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36. What are the criteria for initiating/filing a lien in your state? |
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37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
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38. Does your state enforce property seizure and sale? If yes, is this process primarily judicial, administrative, or both? Please describe. |
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39. Does your state have 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. |
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40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
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40.1 If yes, is this enforcement judicial, administrative, or both? |
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41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
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42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
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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. |
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Yes |
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4.2. The earnings of the custodial parent have substantially increased or decreased. |
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Yes |
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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. |
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No |
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4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
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Yes |
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4.6. There has been a substantial change in childcare expenses. |
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Yes |
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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).) |
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No |
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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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7. If a child’s family SSD benefit paid directly to the CP is less than the child support, does the above situation qualify as a change of circumstance for a review and adjustment? |
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8. Does your procedure require a request from a party to review an order in an IV-D Non-Public Assistance case? If yes, must the party sign the request? |
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9. Can the IV-D agency initiate a review in an IV-D Non-Public Assistance case without a request from the party (for example, based on data from automated sources that the parent is receiving unemployment or SSI)? |
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1. Does your state require electronic payments? If yes, provide your state statutory citation. |
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No |
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2. What is your state's SDU bank name? |
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The SDU bank is US Bank.
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3. What is your state's SDU vendor name? |
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4. What is your state's web-based payment service for employers? |
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Web-based payment service:
ExpertPay ($.55 fee per transaction for employers and noncustodial parents
after$2.50 registration fee)
Phone: 800-403-0879 E-mail: customer.service@expertpay.com
Website: www.expertpay.com
We have 2 new applications that will be available this summer for electronic
payments. |
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5. What is your state's web-based payment service for noncustodial parents? |
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Web-based payment service:
ExpertPay ($.55 fee per transaction for employers and noncustodial parents
after$2.50 registration fee) Website: www.expertpay.com
Phone: 800-403-0879 E-mail: customer.service@expertpay.com
We have 2 new applications that will be available this summer for electronic
payments |
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6. Does your state accept credit card payments? If yes, who does your state accept credit card payments from? |
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We have 2 new applications that will be available this summer which offer other
card options. |
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7. How does your state accept card payments? |
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8. Are there fees associated with the credit card payments? |
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9. Does your state have other payment options? |
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10. How many days following the first pay period after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
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1st payday after receipt |
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11. When must an employer remit amounts withheld from an employee's pay? |
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7 business days |
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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? |
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Federal, state, city taxes, FICA, state employee's retirement, required union dues |
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13. What is your state's priority for withholdings? |
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Current child support, arrears, health insurance premiums |
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14. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Provide the statutory citation. |
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None |
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15. What are the withholding limits for non-employees? |
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16. 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 prorated among the cases? (See 45 CFR 303.100(a)(5).) |
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Prorate |
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17. When does your state require employers to send notice of an employee's termination? |
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15 days after termination |
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18. How long should an employer retain the order after the employee's termination? |
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Order stands until released by the child support agency |
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19. 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)) |
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$2 per payment |
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20. Provide your state's statutory citation. |
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14 M.R.S.A. §3126-A; 19-A M.R.S.A. §§2306, 2652, 2663; Code Me. R. 10-144-351 |
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21. Does your state have a definition of a lump sum or bonus? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer-related lump sums.) |
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No |
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22. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule. |
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No, the Workers Compensation Board is required to report lump sum payments. 19-A MRSA Section 2360-A requires Workers Compensation Board to report lump sum payments. |
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23. Does your state have a threshold amount for a lump sum to be reported? |
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24. Does your state citation or rule provide how long the employer must hold the lump sum? |
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25. Is the Income Withholding Order (IWO) used for lump sums? |
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Yes |
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26. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved IWO 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.? |
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Notice of Lien/Garnishment/Order to Withhold or Deliver |
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27. If the lump sum is earnings as defined by the CCPA, does your state limit the withholding to a greater degree than the CCPA limitation? |
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No |
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28. If the lump sum is not earnings as defined by the CCPA, does your state limit the withholding/attachment? |
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No |
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29. What is your state's Medical Support Statute? |
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Link not available at this time |
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30. What is your state's Reasonable Cost Definition? |
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Reasonable cost is defined as 6% of gross income or, if gross income does not exceed 150% of the federal poverty level for one person, 0% of gross income. |
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31. What is the Health Coverage Expense? |
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https://legislature.maine.gov/statutes/19-A/title19-Asec2308.html |
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32. What is the Income Withholding Limits for Support? |
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50% or 55%, depending on the parent's status and children dependent on NCP |
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33. What is the Priority of Withholding? |
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child support is the first priority for withholding |
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34. What is the priority of health coverage if the income withholding limit is less than the total costs of ordered coverage? |
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35. According to 45 CFR §303.32(a), what are your state options? |
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|
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36. What does your state do if an employee contests 45 CFR §303.32(c)(5)? |
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|
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37. What is the reporting timeframe (non-magnetic media only)? |
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Within 7 days of hire date |
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38. What are the required data elements? |
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New Hire Information: Employee name, Employee address, SSN, Employee date of birth, Date of hire, Employer name, Employer address, FEIN; |
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39. What are the methods of transmission? |
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Online (state portal), Mail, Fax
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40. Does your state require independent contractor reporting? |
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Yes |