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Maine State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
Nine
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes
A2.1. If yes, what is the statutory citation?
19-A MRSA sec 2103(5)
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A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
No
A2.3. If yes, please explain.
N/A

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
19-A MRSA 2801-3401.
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B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
All interstate actions must include copies of the dependents' birth certificates. If birth certificates do not clearly identify both parents, Maine requires other documentation such as an Acknowledgment of Paternity or pertinent Court Order, which clearly establishes paternity or parentage. Maine Statute requires 1 original and 2 copies of the UIFSA referral.

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
Germany, United Kingdom, Sweden, Ireland and Mexico and Province of Newfoundland, Labrador, Dominion of Canada and Province of Quebec.
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
N/A
C2. Has your state established reciprocity with any Native American tribal courts?
Yes
C2.1. If yes, list the tribes and identify services provided, if less than full services.
Penobscot Indian Nation
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
No
C4. 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).) **

D. Age of Majority

D1. What is the age of majority in your state?
18 years of age.
D2. What is the statutory citation for the age of majority?
19-A MRSA 1653(12).
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D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
18 years of age, unless the child is attending secondary school, then until the child graduates, withdraws or is expelled from secondary school or attains 19 years of age, whichever occurs first; becomes married; or becomes a member of the armed services.
D4. Does the date of the order determine the law that is applied?
Yes
D4.1. If yes, please explain.
Instruments executed prior to July 1971 used the age of 21 as the "age of majority."
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
N/A
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
No
D6.1. If yes, please explain.
N/A
D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?
Yes
D7.1. If yes, please describe the procedure.
Under certain limited circumstances, by prorating the total amount ordered between children.
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
D8.1 If not, how does this affect interstate referrals?

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past-due support?
None, but there is a presumption of payment after 20 years.
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E2. What is your State's statute of limitations for paternity establishment?
Before the child's 18th birthday.
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E3. Is dormancy revival/renewal possible?
No
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
N/A
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F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Income Shares Model.
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F2. Does your state charge interest on arrears?
No
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
Although the State does not charge interest, it is authorized by statute. 19-A MRSA 2354 authorizes 6% for an administrative debt. 14 MRSA 1602-C authorizes Treasury Bill plus 6% post-judgment interest.
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F3. Does your state charge interest on retroactive support?
No
F3.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A
F4. Does your state charge interest on adjudicated arrears?
No
F4.1. If yes, please indicate the amount of interest charged and any related conditions.
N/A
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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes
F5.1. If yes, under what circumstances?
After the custodial parent pays the uninsured medical and submits a request to the non-custodial parent to pay. If the non-custodial parent refuses, the State will proceed on behalf of the custodial parent.
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
Yes
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
We recover the DRA $25 fee from the obligee.
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
N/A
F7. Does your state recover costs on behalf of the initiating state?
Yes
F7.1. Optional comments regarding recovery of initiating state's fees.
If they are a lump sum. Do not collect on an ongoing basis.
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
14 MRSA 704-A, 19-A MRSA 1602, and 2253.
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F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
Enforce existing spousal support obligations only in conjunction with accruing child support.
F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)
No
F10.1. Optional comments regarding required information on spouse or partner.
N/A
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
Effective October 1. 2012 the custodial parent is responsible for this fee.
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
Yes.
F11.2 Does your state collect the fee from the person applying for IV-D services?
Yes.
F11.3. Does your state collect the fee from the absent parent?
No
F11.4. Does your state pay the fee out of its own funds?
No.
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
10/1/2009
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
Yes, currently
F14. Does your state participate in the pass-through in former assistance cases?
Not at this time.
F14.1. If yes, provide the date.
N/A
F15. Will your state discontinue eligible assignments under the DRA of 2005?
No
F15.1. If yes, list the eligible assignments your state would discontinue.
N/A
F15.2. When will your state discontinue each type of assignment?
N/A
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA distribution rules
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
Upon notice to obligor and payee and subject to administrative hearing on objection. Caretaker relative must state under penalty of perjury that physical custody was not obtained illegally. 19-A MRSA 2204.
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F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
N/A. Payments may only be redirected when cash aid is paid to caretaker relative.
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F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?
N/A. Payments may only be redirected when cash aid is paid to caretaker relative.
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F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
Once the disbursements to the CP equal $500 the $25 fee is assessed then collected from future disbursements.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
No
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
N/A
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

G. Income Withholding

G1. What specific source of income is not subject to withholding?
19-A MRSA 2673 Defines Income.
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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No
G2.1. If yes, what are those limits?
N/A
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
$2.00
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G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
Immediately begin to withhold the obligor's income when the obligor is usually paid.
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
7 business days.
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Payor is contacted to determine why income withholding was not implemented. Department will take legal action against payors who knowingly fail to withhold income.
G7. What is the penalty to an employer for failure to remit payments withheld?
$100 fine per occurrence.
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G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No
G8.1. Explain your process for receiving direct withholding orders across state lines.
N/A
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G8.2. What documents are required to intercept UI benefits?
None
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
Yes
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
None
G10. How does an obligor contest income withholding in your state?
Through an administrative hearing or court proceeding.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.
Employers must pay current support on all child support orders first. If there is insufficient monies to satisfy multiple order withholdings may be proportioned among multiple cases. 19-A MRSA 2675 effective 09/12/2009
G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance?
Yes
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
19-A MRSA 2675 effective 09/12/2009 provide information for employers regarding income withholding orders
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G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
No
G13. When does your state require the employer to send notice of an employee's termination?
Upon termination of the employee.
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G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
Until the court orders withholding ended or, as applicable, released in writing by the obligee or the Department. See 19-A MRSA 2659.
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
Yes
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
Yes
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G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Yes
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G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support.
Employers must honor immediate income withholding orders first prior to implementing medical support.
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G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?

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G21. Does your state's law require a signature on the income withholding order?

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
Yes
H1.1. If yes, please explain.
However, 19-A MRSA 1565(2) states the court may order an allocation of parental rights and responsibilities. If either party objects to the allocation, that party must file a complaint with the court and an order from that action supersedes the initial allocation.
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
97%
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
N/A
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H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
01/01/1954
H4.1. Were acknowledgments prior to that effective date rebuttable?
No
H4.2. Optional comments regarding paternity acknowledgments prior to that date.
N/A
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H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
The burden of persuasion is beyond a reasonable doubt. A genetic test will rebut the presumption as well as evidence that the father did not have access to the mother.
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H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
Yes
H6.1. If no, briefly explain.
N/A
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H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
H8. Does your state have any other paternity-related presumptions?
Yes
H8.1. If yes, briefly explain.
19-A M.R.S.1881 After July 1, 2016 there is a presumption of paternity if the person resided in the same household with the child and openly held out the child as that person's own from the time the child was born or adopted and for a period of at least 2 years thereafter, and assumed personal, financial or custodial responsibilities for the child.
H9. Does your state have a putative fathers' registry?
Yes
H9.1. If yes, what is the name of that entity?
None.
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H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
No
H10.1. If yes, please describe any circumstances under which these fees may be waived.
N/A
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H11. Is common-law marriage recognized in your state?
No
H11.1. If yes, briefly describe the standard that defines common-law marriage.
N/A
H11.2. When did your current common-law standard go into effect?
H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?
14 MRSA 704-A, 19-A MRSA 1602, and 2253.
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H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
19-A M.R.S. 2961
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H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, please explain.
If the cost is included within the child support order.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
One set of documents with a paternity affidavit for each child should be sent.
H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Administrative or judicial process can be used to establish a support obligation.
I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
The administrative process is used unless a court has assumed jurisdiction over the parties and the issue.
I1.2. Under what circumstances would a judicial process would be used?
Judicial process used when court has assumed jurisdiction over the parties and issue.
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
19-A MRSA 2251-2456
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I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
The CP as well as the available income and financial contributions of the domestic associate or current spouse of each party and a child's financial resources can be reasons to justify deviating from the support guidelines.
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I3. What criteria for rebutting your presumptive guidelines have been established in your state?
1. There are more than 6 children for whom support is being established. 2. The interrelation of the total support obligation, the division of property and a spousal support award made in the same proceeding. 3. The financial resources of the child. 4. The financial resources and needs of a party, including nonrecurring income not included in the definition of gross income. 5. The standard of living the child would have enjoyed if the marital relationship had continued. 6. The physical and emotional conditions of each child. 7. The educational needs of each child. 8. Inflation with relation to the cost of living. 9. Available income and financial contributions of the domestic associate or current spouse of each party. 10. The existence of other persons who are actually financially dependent on either party. 11. The tax consequences of the support award. 12. The fact that income at a reasonable rate of return may be imputed to non income producing assets with an aggregate value of $10,000 or more. 13. The existence of special circumstances of a child 12 years or older which for the child's best interest require the custodial parent to continue to provide employment related day-care. 14. The NCP's substantial financial obligation regarding the costs of transportation of each child for the purposes of parent and child contact (to be substantial must exceed 15% of the yearly support obligation). 15. A finding by the court or hearing officer that the application of the guidelines would be unjust, inappropriate or not in the child's best interest. 16. If combined annual income of the parents is in excess of $400,000.
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I4. Will your state establish support orders for prior periods?
Yes
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
A support order can be established for a period up to 6 years prior to the date of commencement of the action.
I4.2. What information or documentation does your State require to proceed?
The CP's affirmation.
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I4.3. Will your state allow a petition for support when the only issue is retroactive support?
Yes
I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
For a period of up to 6 years prior to the date of commencement of the action.
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
Maine uses the administrative process for paternity, establishment, modification and enforcement of child support.
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I6. What is your state's statutory authority for the administrative process?
19-A MRSA 2251 et seq.
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I7. Is there a local state law that allows an interstate administrative subpoena?
No
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I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No
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I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
Yes, except when public assistance is being expended. See 19-A MRSA 2301. Creation of debt to department
I10. Does your state require that a custodial party, who is not one of the biological parents, 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, except when public assistance is being expended. See 19-A MRSA 2204. Caretaker relative; change of payee
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
The state should request a modification of the action.
I12. 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 custodian obtain legal custody before a support order is modified or established?
Yes, except if public assistance has been expended. See 19-A MRSA 2006(4) and 2009 (1-A).
I13. 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 custodian obtain legal custody before support can be redirected to the new payee?
Yes, Payments can only be redirected to a "caretaker relative" (not a parent) who is receiving public assistance for the child. See 19-A MRSA 2204.
I14. What methods of personal service does your state use? **
It depends on the document being served and may include in-hand or abode or if unsuccessful by publication.
I15. Does your state send and receive pleadings and documents electronically in international cases? **
No
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
Child care, health insurance and extraordinary medical expenses
I17. Please provide the relevant statutory or case law citation. **
19-A MRS 2006
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I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
Yes
I18.1 If yes, indicate the appropriate responses. **
Except in cases of domestic violence, the use of mediation, conciliation or similar processes is mandatory in every child support case.

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).
J1.1. Are your state income tax refund procedures judicial, administrative, or both?
Administrative.
J2. Is the lien process in your state judicial, administrative, or both?
Administrative or Judicial
J2.1. What are the trigger criteria for filing a lien?
21 days after receipt of Notice of Debt or 30 days after IV-D Agency's decision that requires non-custodial parent to pay child support.
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J2.2. Where are your state liens filed?
RP- County Registry of Deeds PP - Secretary of State.
J2.3. Does your state charge a fee for filing a lien?
Yes
J2.4. If yes, please indicate the amount.
$15 copy additional pages are $15 each. First page may be received electronically for $10.
J.3. Does your state enforce property seizure and sale?
Yes
J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Judicial and administrative.
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?
Administrative.
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?
When Case becomes delinquent.
J4.2. Does your state's income withholding definition include amounts in financial institutions?

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J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
Yes
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
State.
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
Simultaneously.
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
No minimum delinquency amount. No specified number of months delinquent. No accounts exempted.
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
N/A
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J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
None
J5.3.1. If yes, please provide the time frame.
N/A
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
No
J5.4.1. If yes, provide the percentage.
N/A
J5.4.2. Is the percentage different for joint accounts?
No
J5.4.3. If yes, describe.
N/A
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.
No
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
n/a
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
30 days
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J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?
n/a
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
Affirmative Defenses
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J5.10. Is your state's complaint review process judicial, administrative, or both?
If using administrative process, review is administrative with right to appeal to court; if using judicial process, complaint is resolved judicially.
J5.11. What are your state's penalties for incorrect seizures?
None
J5.12. Is the second challenge administrative, judicial, or both?
n/a
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
21 days from date of mailing. No unique requirements. Non-debtor has same appeal rights as obligor.
J5.14. Is the freeze and seize operation in your state centralized or automated?
Automated.
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
None.
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
No
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
N/A
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J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
Yes 19-A MRSA 2358.5
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J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
20 Days
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J6. Does your state withhold state funds or benefits?
Yes
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both?
Administrative.
J7. Describe any other administrative enforcement procedures your state may have.
J8. Describe any other judicial enforcement procedures your state may have.
Seek work orders.
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
Under development.
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J10. Which of your state's enforcement remedies are available without judicial actions?
All administrative remedies are available without requiring registration of the order. Other states' orders are enforced in the same manner as Maine orders.
J11. Describe your state's procedures for registering and enforcing another state's order.
N/A
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
Order would need to be registered to proceed with a judicial action.
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
Yes
J13.1. If yes, provide the statutory citation.
14 MRSA 8001.
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J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
A Notice of Debt has been issued and served.
J15. To which credit bureaus does your state report an obligor's child support information?
Transunion; Equifax; Experian
J16. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
We do not have AEI currently.
J19. What documentation does your state require to proceed with an AEI request?
n/a
J20. What mandatory data elements does your state need to process AEI requests?
n/a
For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm
J21. Which additional data elements would aid your state in processing AEI requests?
n/a
J22. How many copies/sets of documents does your state require with an AEI request?
n/a
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
n/a
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
n/a
J25. What is the procedure for obtaining a certified copy of a court order?
The other state can send a Transmittal #3 to request a certified copy of a court order.
J26. What is the procedure for obtaining a certified payment record?
The other state can send a Transmittal #3 to request a certified payment record.
J27. Is there a cost for requesting a certified copy of a court order or payment record?
There is no cost at this time for providing either a certified copy of a court order or a payment record.
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
J29. What triggers a driver's license revocation?
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
J29.2 If yes, what is the amount?
J30. Under what conditions may a noncustodial party restore the driver's license?
J30.1 What is the process for restoring a driver's license?
J31. Does your state allow temporary or conditional driver's licenses?
J31.1 If yes, what are the conditions?
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
J33.2 What is the dollar amount?
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
J36.2 What is the dollar amount?
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
J38.2 What is the dollar amount?
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Notices are sent to parents every three years informing them of the availability of order review.
For Additional Information - No Link Provided
K2. Briefly describe your state's modification procedure.
Administrative orders are reviewed at the request of the CP, NCP or the Department. The Department assists with the court order reviews at the request of the CP or NCP.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
Administrative orders are reviewed at the request of either party. Income information is collected from both parties. The child support order is calculated based on current circumstances. If the new order would be 15% higher than the present order, or there has been a substantial change in circumstances, the administrative review proceeds. Court orders are reviewed in the same manner.
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
Yes
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes
K4.6. There has been a substantial change in childcare expenses.
Yes
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
K5. Does your state have cost of living adjustments (COLAs) for orders?
No
K5.1. If yes, what index does your state use?
K6. How does your state credit SSA disability to current and past-due support?
N/A
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
K7.1. If yes, explain the circumstances?
If a non-custodial parent is in receipt of means-tested public assistance support may be abated.
K7.2. What is the statutory citation for your abatement law?
If a non-custodial parent is in receipt of means-tested public assistance support may be abated.
For Additional Information - No Link Provided
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.
19-A MRSA 2302
For Additional Information - exit disclaimer
K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
For Enforcement, Order Registration and Modification, Maine would need an attested copy of all support orders, payment history, a computation of arrears. Paternity and Establishment of a Support Order, Maine would need an attested copy of the birth certificate and a General Testimony.
K8. What information does your state require to register an out-of-state order for enforcement/modification?
State Bureau of Vital Statistics
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
A certified copy of the order, payment history and a computation of arrears.
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
Administratively, no. See 19-A MRSA 2306(4). Judicially, yes. See 19-A MRSA 2659(2).
K10. What circumstances will cause your state to end child support before the normal duration? **
The child emancipates before the normal duration or the child support order states that the child support ceases prior to the normal duration.

L. Payments

L1. Does your state define a lump sum payment?
Yes
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
L1.2 Provide the statutory citation.
19-A M.R.S. 2302(2)
For Additional Information - exit disclaimer
L2. Does your state law require employers to report lump sum payments?
No
L2.1 If yes, give the statutory citation or rule.
N/A
For Additional Information - No Link Provided
L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
No
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
N/A
L4. How are employers instructed to report a pending lump sum?
N/A
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
N/A
L6. Does your state use the income-withholding order to attach the lump sum payment?
Yes
L7. Does your state use the lien/levy process to attach lump sum payments?
Yes
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
Notice of Lien and an Order to Withhold or Deliver
L8. What other documents does your state use to attach lump sum payments?
Notice of Lien/Garnishment/Order to Withhold or Deliver, FIWO
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
The lump sum is not considered earnings as defined by the CCPA
L9.1. If yes, what are those limits?
N/A
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
No
For Additional Information - No Link Provided
L9.3. If yes, what are those limits?
N/A
L9.4. If no, what percentage is the employer required to withhold?
The employer is required to withhold the amount owed.
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
L10.1 If yes, would the employer only withhold for that period's obligation?
L11. Does your state have a direct deposit program?
Yes
L11.1 If so, specify the vendor.
Direct Deposit is done by the Maine State Treasurer's Office
L12. Does your state have a debit card program?
Yes
L12.1 If so, specify the vendor.
US Bank Reliacard
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
Yes but each program has a different colored card to differentiate between programs.
L13.1 If so, are there fees involved?
No if the user follows the debit card guidelines there are no fees. However if the user goes to an ATM or bank that doesn't accept VISA the bank can charge a fee or exceeds the number of transactions in a day.
L14. What are the fees associated with using the card?
If the user follows the debit card guidelines there are no fees.
L15. How does your state collect child support payments from an obligor? **
Payment may be made by preauthorized withdrawal from a financial institution, by income withholding, by check or warrant, credit card, or electronic fund transfer.
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
Disbursement is most often made by check but if an account is set up with a US bank it can be disbursed by EFT also.
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
Previously all payments have been processed through a designated authority however they recently established a $100 USD limit.
L18. Does your state process electronic payments in international cases? **
No
L18.1 If so, describe the process. **
L19. What is your state's International Bank Account Number (IBAN)? **

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information - exit disclaimer
M1.1. Additional information on the CCPA.

For Additional Information - exit disclaimer
M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
No
M2.1. If yes, provide the statutory citation
Workers' Compensation only
For Additional Information - exit disclaimer
M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
N/A
For Additional Information - No Link Provided
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
No.
For Additional Information - No Link Provided
M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
M3.1. Provide the statutory citation.

For Additional Information - No Link Provided
M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
Order to Withhold and Deliver 19-A MRSA 2458(2)
For Additional Information - exit disclaimer
M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
Yes, 30 days.
For Additional Information - exit disclaimer
M6. Are there attorney fees associated with the insurance intercept activity?
M7. How does another state initiate and intercept collections from your state workers' compensation agency?
The initiating state must submit an Interstate Transmittal for enforcement.
M7.1. What is the process, the points of contact, and what forms?

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
N2. Does your state 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) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
N3. Does your state 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)
N4. Does your state 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)