Child support ensures children receive financial resources when parents live apart. Maine’s child support obligations are legally enforceable. This article outlines how child support operates in Maine, covering the establishment, modification, enforcement, and termination of these orders.
Determining Support Amounts
Maine uses an income shares model for child support.1Maine State Legislature. Title 19-A, §2006: Support Guidelines This model aims to give children financial support similar to what they’d have if parents lived together, by allocating a proportion of combined parental income to the child.
The calculation starts with each parent’s gross annual income (most income sources, excluding public assistance). Deductions for items like spousal support paid or support for other children yield each parent’s adjusted gross income. These adjusted incomes are then combined.
Maine’s child support guidelines and a state schedule use the combined adjusted gross income to determine the basic support obligation. This estimated cost of raising children is divided between parents based on their income share. For example, a parent with 60% of the combined income covers 60% of the basic obligation.
Costs like health insurance, medical expenses, and childcare are added to the basic obligation. These are allocated between parents to find the final support amount. The parent the children live with primarily is presumed to spend their share directly; the other parent pays them. An official child support worksheet is used.2Maine Judicial Branch. Child Support Worksheet (FM-040-S)
Filing or Updating a Support Order
Parents can get help establishing or changing child support orders from Maine’s DHHS Division of Support Enforcement & Recovery (DSER), often free.3Maine Department of Health and Human Services. Child Support Services DSER services include locating parents, establishing paternity, and creating or reviewing orders, available even without public assistance.
Child support actions occur in Maine District Court, starting with a filed complaint or motion. Parents in divorce or similar cases file specific court forms. The initiating parent must formally serve the other parent with the complaint and summons, allowing them to respond.
Orders can be modified for significant life changes, like income shifts or new child needs, if the change would alter support by at least 15% (a substantial change).4Maine State Legislature. Title 19-A, §2009: Modification of Existing Support Orders A parent files a Motion to Modify, serving the other parent. DHHS may also review orders (e.g., every three years). The court re-evaluates finances to decide on modification. Changes usually apply from the motion’s service date.
Enforcement Actions
If a parent misses court-ordered child support payments, Maine’s DHHS Division of Support Enforcement & Recovery (DSER) takes enforcement action to ensure compliance and consistent support.
Income withholding is a key enforcement tool. DSER orders employers to deduct child support from a parent’s wages, often automatically for new or delinquent orders. Employers must comply.
DSER may also report delinquent parents to credit bureaus, harming their credit. Past-due support can lead to suspension of driver’s, professional, and recreational licenses.5Maine State Legislature. Title 19-A, §2201: Notice to Licensing Boards and Obligor; Judicial Review
Further administrative actions include:
- Intercepting state and federal tax refunds.6Administration for Children and Families. When Is a Child Support Case Eligible for the Federal Tax Refund Offset Program?
- Identifying and levying assets in financial institutions.
- Placing liens on property for substantial arrears, ensuring debt payment upon sale.
- Preventing U.S. passport issuance or renewal for arrears over $2,500 through the Passport Denial Program.7Administration for Children and Families. Overview of the Passport Denial Program
If other measures fail, DSER or the owed parent can file a contempt motion in court. A parent found willfully not paying despite ability can face civil contempt. Consequences include payment orders or, in serious cases, incarceration until compliance. The non-paying parent might also have to pay the other’s legal fees.
Interstate Support Coordination
When parents live in different states, child support cases need coordination. Maine, like all states, uses the Uniform Interstate Family Support Act (UIFSA).8Maine State Legislature. Title 19-A, Chapter 67: Uniform Interstate Family Support Act UIFSA sets rules for which state can establish or modify orders and how orders are recognized, ensuring one controlling order.
Maine’s DHHS DSER handles interstate child support. DSER assists Maine residents with orders against out-of-state parents and vice-versa. If a parent in a Maine case moves, DSER coordinates with the other state’s agency for services like locating parents, establishing paternity, and managing payments.
A key UIFSA principle is continuing, exclusive jurisdiction (CEJ). The state first issuing a child support order keeps authority to modify it if the child or a parent still lives there, unless all parties agree another state can take over. So, if Maine issues an order and a party remains in Maine, other states can enforce it but not change its financial terms. If everyone involved leaves Maine, or with consent, another state where a party lives might modify the order.
If a parent moves, child support orders can be registered for enforcement in the new state, letting it use its enforcement tools. DSER can ask another state to register and enforce a Maine order. UIFSA also lets states request others to establish initial orders or determine parentage.
Termination of Support Obligations
Child support in Maine generally lasts until a child turns 18, Maine’s age of majority.
Support can extend beyond age 18 if the child is still in secondary school. In this case, support continues until graduation, withdrawal, expulsion, or their 19th birthday, whichever occurs first.9Maine State Legislature. Title 19-A, §1653: Parental Rights and Responsibilities
Support can also end earlier if the child:
- Marries.
- Joins the armed services.
- Passes away.
- Is legally emancipated by a court.10Maine State Legislature. Title 15, §3506-A: Emancipation Emancipation is a legal process where a minor can be declared independent if they can support themselves.
Ending current support does not cancel past-due support (arrears). A parent still owes this debt after the regular obligation ends, and enforcement can continue. Maine may consider forgiving or compromising state-owed arrears in some cases, but this isn’t automatic.
If a child has a significant disability from before age 18 that prevents self-support, a court may order support to continue past standard termination ages. This requires proving the disability and its impact. Parents seeking this extension must petition the court.
Terminating a parent’s rights (TPR) also impacts child support. After TPR, a parent’s future child support obligation for that child usually ends. However, arrears accrued before TPR may still be owed. A parent cannot seek TPR just to avoid child support.