Department of Health and Human Services
Office of Integrated Access and Support
(Formerly Bureau of Family Independence (BFI))
Maine Child Support (Division of Support Enforcement & Recovery)
Maine Child Support Enforcement Manual
Chapter 2 - Definitions
As used in this Manual, unless the context otherwise indicates, the following terms have the following meanings:
Administrative Decision:
An administrative decision issued by the Department that establishes or modifies a responsible parent's child support obligation or which adjudicates an appeal of agency action.
AFDC:
Aid for Families with Dependent Children
Alternative Method:
Alternative Method of Support Enforcement.
Alternative Method of Support Enforcement:
Title 19A, Article 3, of the Maine Revised Statutes Annotated (19A MRSA §§ 2251-2453)
Alternative Review Hearing:
An administrative review of another state's submittal for federal income tax refund offset, which review has been referred by the submitting state to the State of Maine for conduct and decision, in accordance with 45 CFR § 303.72(g), because of the request of the responsible parent, where the order, judgment or decision upon which the submittal was made was entered/made/rendered in/by a Maine court or the Department.
Amendment Hearing:
A hearing to determine whether to modify the amount of a current child support obligation and/or health insurance obligation established by an administrative decision.
Appeal Hearing:
A hearing on the merits of the Division's action including (1) a submittal to IRS for Federal Income Tax Refund Offset, (2) a submittal to the State Tax Assessor for State Income Tax Refund Offset, (3) any of the actions stated in 12.4 (B) and 12.5 (A), or (4) an Alternative Review Hearing (for definition, see this chapter and see 12.1 [B]).
Applicant:
An individual, state, political subdivision or instrumentality of a state, that seeks support enforcement services from the Department.
Assignment:
Any assignment of rights to support under 42 USC § 602(a)(26)(A) (TANF), or § 471(a)(17) of the Social Security Act (Foster Care), or any assignment of rights to medical support and to payment for medical care from any third party under 42 CFR § 433.146 (Medicaid).
Assigned Support Obligation:
Any support obligation which has been assigned to the State under 42 USC § 602(a)(26)(A) (TANF), or § 471(a)(17) of the Social Security Act (Foster Care), or any medical support obligation or payment for medical care from any third party which has been assigned to the State under 42 CFR § 433.146 (Medicaid).
BFI:
The Bureau of Family Independence, Maine Department of Human Services.
Child Support Debt Due the Department:
The debt referred to by 19A M.R.S.A. § 2301, may include assigned past necessary support, and may exceed the amount of TANF public assistance expended. The Department may establish/enforce/collect the debt for the State of Maine, another State or territory of the United States, another State or territory's IV-D agency, or a non-TANF client of the Department, and the Department must distribute according to 19A MRSA § 2401. May also be referred to as "debt due the department," "debt for public assistance," "debt for TANF public assistance," or "TANF debt."
Collection-of-Support-Debt Mechanism:
A generic term denoting any and embracing every means by which a child support debt can be collected (See 14.1[A])
Compliance with a Support Order:
Means that the support obligor is no more than 60 days in arrears in making payments in full for current support, in making periodic payments on a support arrearage pursuant to a written agreement with the Department or in making periodic payments as set forth in the support order and has obtained or maintained health insurance coverage if required by a support order.
Court Order:
Court order or judgment for the support of dependent child(ren) issued by any court of the State of Maine or another state, territory or possession of the United States, the District of Columbia and the Commonwealth of Puerto Rico, including an order in a final decree of divorce and an order established under URESA, RURESA or UIFSA.
Court of Proper Jurisdiction:
The court which issued the original court order of support or in which the support order has been registered.
Custodial parent:
A natural or adoptive parent, caretaker relative or legal custodian of a dependent child who is the child's primary residential care provider.
Decision:
An administrative decision that establishes or modifies a responsible parent's child support obligation or which decides the merits of an appeal of agency action under 19A MRSA § 2451.
Default Decision:
An administrative decision that establishes or modifies a child support obligation in a proceeding in which the responsible parent either did not request a hearing or did not appear at the hearing.
Department:
The Maine Department of Human Services.
Division:
The Division of Support Enforcement and Recovery, Bureau of Family Independence, Maine Department of Human Services.
Hearing Officer:
Any person designated and authorized by the Commissioner to act as presiding officer at an administrative hearing to establish or modify a responsible parent's child support obligation or at a hearing concerning an appeal of agency action under 19A MRSA § 2451.
His:
His or Her
Liquidated Debt:
Money owed which has been made certain as to the amount due by legal or administrative adjudication, by agreement of the parties, or by operation of law. Examples of the ways in which a support debt can be liquidated are: (1) Service of a Notice of Debt (19A MRSA § 2352) to which there is no response or the administrative review of which is decided adversely to the responsible parent; (2) Service of an administrative decision that establishes or modifies a child support obligation; (3) a civil judgment issued/rendered/docketed by a court of competent jurisdiction; or (4) by a written agreement or promissory note signed by the responsible parent acknowledging the existence of a support debt in a specific amount, which has accrued pursuant to a support obligation established under the law of this or another state.
Medical Support:
Amounts due an obligee under a court or administrative order for the payment of medical expenses of a dependent child, including reimbursement for qualified medical expenses awarded at an administrative hearing, and including an obligation to provide and maintain health insurance coverage for the medical, hospital, and dental expenses of a dependent child.
Non-TANF Client:
An individual receiving support enforcement services from the Department or from any other state's IV-D agency or instrumentality thereof, who does not receive public assistance from the TANF, IV-E Foster Care, or Medicaid Programs.
Non-TANF Medicaid Recipient:
An individual who has been determined eligible for or is receiving Medicaid under Title XIX of the Social Security Act but is not receiving, nor deemed to be receiving, TANF under Title IV-A of the Social Security Act.
Notice of Hearing:
The notice of hearing referred to in 19A MRSA § 2304, which concerns a hearing to establish or modify a child support obligation, establish a debt for past support, including medical expenses and establish an obligation to provide health insurance.
Notice of Review Hearing:
The notice of hearing referred to in 19A MRSA § 2451, which concerns a hearing on an appeal of agency action.
OCSE:
Office of Child Support Enforcement, U.S. Department of Health and Human Services.
Other parent:
Unless otherwise defined or given another meaning by its context, the other parent of a responsible parent's child(ren) for whom current support is sought to be established or modified in the proceeding or with respect to whom a debt for public assistance is sought to be established in a proceeding.
Other Order of Administrative Process:
An administrative order, decision or judgment of a state (other than the State of Maine), territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.
Paternity Proceeding:
A proceeding initiated by the Division pursuant to 19A MRSA § 1605, which is a proceeding that begins a legal action to establish paternity.
Payor of Public Assistance:
The Department, or such other U.S. state, territory, possession or commonwealth or political sub-division or instrumentality thereof, or the District of Columbia, on behalf of which the Division is acting, which has paid and/or is paying TANF public assistance for the dependent child(ren) of the responsible parent.
Person:
Any individual, trust, estate, partnership, association, company, corporation, political subdivision of the State or instrumentality of the State.
Pre-offset Notice:
The notification required and described by 16.5 and 16.6.
Proceeding(s):
A generic term that refers to an administrative hearing, review, petition, or action.
Public Assistance:
Money payments and medical care furnished to or on behalf of dependent children by the State, including Medicaid, TANF, general assistance provided under 22 MRSA § 4301 et seq. and supplemental security income benefits provided under 22 MRSA § 3271. (See Chap. 5, in connection with the exemption of a responsible parent from incurrence/collection of support debt when receiving public assistance.)
Qualified medical expenses:
Necessary medical expenses incurred for care provided to a dependent child for whom a responsible parent owes a duty of support, and/or for birth related expenses, and which have been paid by the child's primary care provider, the Department, or another payor of public assistance, and for which the primary care provider, the Department, or other payor of public assistance were not reimbursed by the responsible parent or his insurer, the child's(ren's) insurer or the primary care provider's insurer.
Recipient:
Unless otherwise defined or given another meaning by its context (see e.g., the definition of "non-TANF client", this chapter), a recipient of TANF, Medicaid, or Foster Care payments.
Responsible parent:
The natural, legal, or adoptive parent of a dependent child.
Review Affidavit:
The affidavit required by 19A MRSA § 2451 to be served by a party requesting a review. If the party requesting a review is a responsible parent, a statement affirmed under the penalty for unsworn falsification may be used instead of an affidavit.
§2451 Decision:
The decision in a § 2451 proceeding.
§2451 Hearing:
A hearing on an appeal of agency action under 19A MRSA § 2451.
§2451 Proceeding:
A proceeding under 19A MRSA § 2451, which concerns a responsible parent's appeal of agency action.
Service by Mail:
Whenever service of an administrative decision is permitted by mail, the decision shall be mailed to the last known address of each parent. Service by mail is complete upon mailing and the parents are presumed to have received the decision within three (3) days of mailing.
State:
The State of Maine.
Support guidelines:
The child support table and the criteria for application of the table set forth in 19A MRSA § 2006.
Support Obligation:
The amount due an obligee or payor of public assistance for support, including amounts due for medical support, under a court order, an administrative decision, or other order of administrative process, or a court order or order of administrative process of a foreign country (as and where enforceable), including any arrearages accrued thereunder.
Support Order:
Means a judgment, decree or order, whether temporary, final or subject to modification, issued by a court or an administrative agency of competent jurisdiction for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, that provides for monetary support, health care, arrearages or reimbursement and may include related costs and fees, interest and penalties, income withholding, attorney's fees and other relief.
TANF:
Temporary Assistance for Needy Families
Title IV-A or IV-A:
Title IV-A of the Social Security Act (42 U.S.C. §§ 601 et seq.), which concerns the federal/state TANF Program.
Title IV-D or IV-D:
Title IV-D of the Social Security Act (42 U.S.C. §§ 651 et seq.), which concerns the federal/state child support enforcement program.
Title IV-D Agency or IV-D Agency:
A state's agency, or any sub-Division thereof, under Title IV-D of the Social Security Act.
______________[Underlining]:
Emphasis supplied by the Department, (except where it is used as part of Section, Sub-Section, Paragraph and Sub-paragraph headings, or where it is used as italicization for foreign words or expressions, e.g. de novo and et seq.
UIFSA:
The Uniform Interstate Family Support Act, (a) wherever in force, and (b) as embodied in 19A MRSA §§ 2801-3401.
URESA:
The Revised Uniform Reciprocal Enforcement of Support Act, (a) wherever in force, and (b) as embodied in former 19 MRSA §§ 331-420.
