In Maine, child support is a financial obligation parents have to their children, ensuring their needs for housing, food, education, and healthcare are met following a separation or divorce. This financial support is considered a right of the child.
How Child Support is Calculated in Maine
Maine determines child support using the Income Shares Model, which presumes children should receive the same proportion of parental income they would have if the family were intact. The calculation combines the gross incomes of both parents, which includes wages, salaries, bonuses, self-employment earnings, and benefits. A court can also impute, or assign, income to a parent believed to be voluntarily unemployed or underemployed.
From this combined income, the state’s Child Support Guidelines establish a basic support obligation based on the number of children. This figure is then adjusted for additional costs, including health insurance premiums for the children, necessary work-related childcare expenses, and any support paid for other children or spousal support from a different case.
The total child support obligation is divided between the parents in proportion to their share of the combined income. 1Maine Legislature. Title 19-A, §2006: Support Guidelines The amount of time each parent spends with the child can also influence the final calculation, particularly in substantially equal care arrangements. This process is formalized using the Child Support Worksheet (Form FM-040), which produces a presumptive support amount a judge can deviate from under specific circumstances.
Information and Documents Needed for Child Support Determination
To accurately determine a child support obligation, both parents must provide comprehensive financial information. This begins with personal details, including the full legal names and dates of birth for themselves and their children, along with Social Security numbers. This information is foundational for the Child Support Affidavit (Form FM-050).
The most important documentation relates to income verification. Parents should collect recent pay stubs, W-2 forms, and federal tax returns. For those who are self-employed, providing detailed business records like profit and loss statements is necessary. Evidence of other income, such as investment statements, must also be included.
Beyond income, documents verifying certain expenses are required. This includes proof of the cost of health insurance premiums for the children and receipts from licensed providers to document work-related childcare expenses. If there are pre-existing court orders for other support, copies of those orders are also needed.
Establishing a Child Support Order
A formal child support order in Maine can be established through two primary pathways: administratively through the Department of Health and Human Services (DHHS) or judicially through the District Court. The appropriate path often depends on whether the parents are married or if paternity needs to be established.
The Division of Support Enforcement & Recovery (DSER), a division of DHHS, offers services to establish and enforce support. A parent can apply for these services, and DSER will locate the other parent, establish parentage if needed, and calculate a support obligation based on state guidelines, resulting in a legally binding order.
Alternatively, a parent can file a legal action directly with the District Court, often as part of a divorce or parental rights case. This process involves filing a complaint, serving the other parent, and participating in court proceedings, which may include mediation and a final hearing before a judge.
Modifying an Existing Child Support Order
Child support orders in Maine can be changed if either parent demonstrates a “substantial and ongoing change in circumstances.” This means the situation has changed significantly enough to warrant a new support calculation.
Common reasons for modification include a major, involuntary change in a parent’s income, a new parenting schedule, or a significant shift in the child’s needs. A new calculation that results in a support amount more than 15% different from the existing order is presumed to be a substantial change. 2Maine Legislature. Title 19-A, §2009: Modification of Existing Support Orders
To initiate a change, a parent must file a Motion to Modify with the court. If the Division of Support Enforcement & Recovery (DSER) is involved, a parent can request a review through the agency. Modifications are not retroactive beyond the date the other parent was formally notified of the legal action.
Enforcement of Child Support Orders
When a parent fails to pay court-ordered child support, Maine has several enforcement tools to ensure compliance. The Division of Support Enforcement & Recovery (DSER) is the state agency primarily responsible for taking action. These measures can be implemented without requiring the receiving parent to return to court.
One of the most common methods is an income withholding order, which directs the paying parent’s employer to deduct support directly from their wages. DSER can also intercept state and federal tax refunds, lottery winnings, and other government payments to satisfy unpaid support, known as arrears. Interest accrues on these past-due amounts, increasing the total debt.
For persistent non-payment, the consequences become more severe. The state can place liens on real estate or personal property, preventing its sale until the support debt is paid. 3Maine Legislature. Title 19-A, §2357: Liens DSER also has the authority to suspend driver’s, professional, and even recreational licenses. 4Maine Legislature. Title 19-A, §2603-A: License Revocation for Nonpayment of Child Support In serious cases, a court can find the non-paying parent in contempt, which may result in fines or jail time.