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Office of Integrated Access and Support

Maine Child Support (Division of Support Enforcement & Recovery)

Maine Child Support Enforcement Manual
Chapter 3 - Support Enforcement Services

1. Duty to Provide Support Enforcement Services
The Division of Support Enforcement shall provide support enforcement services for all children who are in need of securing support from their parent(s) regardless of their place of residence, circumstances, and whether or not they qualify for assistance pursuant to Title IV-A of the Social Security Act. It may seek to establish/enforce child support obligations under any appropriate statutes including, but not limited to, the Alternative Method of Support Enforcement.

2. Definition and Scope of Support Enforcement Services

A. Support Enforcement Services Include:

  1. Locating missing parents for the purpose of establishing/reviewing/enforcing/collecting child support obligations or establishing paternity;
  2. Establishing child support obligations;
  3. Collecting, monitoring, enforcing and distributing child and spousal support obligations;
  4. Establishing paternity of children; and
  5. Any other activities pertinent to the establishment, enforcement and collection of child support obligations.
  6. Medical support services as follows: Establishing and enforcing health insurance obligations, and enforcing court-ordered medical expense obligations when the medical expenses have been paid by a person other than the responsible parent.

B. Support Enforcement Services Do Not Include:

  1. Obtaining divorces;
  2. Creation or enforcement of visitation rights;
  3. Participation in custody disputes;
  4. Enforcement of property settlements.

3. Referral for Support Enforcement Services When Rights to Support are Assigned

A. The Division's involvement begins when cases are referred to it by a payor of public assistance or by a IV-D agency of another state.

B. Good Cause (Maine Cases Only)
If at the time of application a payor of public assistance finds good cause not to refer a case to the Division, the case is not referred. If good cause is granted by a payor of public assistance after a referral has been made, the Division shall close the referral and end all further activity.

4. Disregard/Payment of $50 per Month of Child Support Payments

A. In making a determination of need pursuant to 42 USC 602(a)(8)(A)(vi), the Department shall disregard the first $50 of any child support payments for such month received in that month, and the first $50 of child support payments for each prior month received in that month if such payments were made by the responsible parent in the month when due, with respect to the dependent child or children in any family applying for or receiving aid to families with dependent children (including support payments collected and paid to the family under 42 USC 657[b]). In addition the $50 will not be considered as part of the overpayment when support is received directly by the recipient and is not forwarded to the State.

B. Of such amounts of child support as are collected periodically which represent monthly support payments, the first $50 of any payments for a month received in that month, and the first $50 of payments for each prior month received in that month which were made by the responsible parent in the month when due, shall be paid to the family without affecting its eligibility for assistance or decreasing any amount otherwise payable as assistance to such family during such month.

5. Application for Support Enforcement Services

A. Availability
Custodial parents and legal guardians not receiving TANF or IV-E Foster Care payments and non-TANF Medicaid recipients may receive support enforcement services by making application to the Division.

B. Application
Application for support enforcement services shall be made in a manner acceptable to the Division. A properly completed UIFSA petition may be considered an application for services if filed by or on behalf of a non-resident custodian/legal guardian. Pursuant to 19A MRSA §2108 the Department has received a waiver from the Secretary of the United States Health and Human Services to provide child support enforcement services without need of an application for services. The Department implemented the demonstration provisions of the waiver on June 1, 2000. The waiver will remain in effect for three years after the implementation date, or May 31, 2003.

C. Fees
There shall be an application fee of one dollar ($1.00). Additionally, any fees necessary for the use of federal support enforcement assistance and costs for other services including, but not limited to, paternity testing, filing/service fees, federal "locate only" fees and legal services may be charged to the custodial parent in advance. Any accrued costs may be deducted from monthly collections. The Department may waive collection of all or part of the aforementioned costs, and/or application fee.

D. Application For Review And Modification Services Required
A parent who requests the Division to review a support order pursuant to chapter 19 of the Manual must complete an application for the Division's services unless that parent's right to current support is assigned to the Department under 19A MRSA §2369 or the Division already provides services to that parent pursuant to 4.5(B) or 4.6 of the Manual.

6. Continuation of IV-D Services for Former TANF, IV-E Foster Csre, and Non-TANF Medicaid Recipients
The Division shall continue providing IV-D services for an individual who was receiving IV-D services and is no longer eligible for assistance under the TANF, IV-E Foster Care, and Medicaid programs. The Division may not require an application, other request for services, or application fee from any individual who is eligible to receive services under this section. The Division shall notify the former recipient that IV-D services continue automatically. The notice must describe available services, fees, cost recovery, and distribution policies. The notice must inform the former recipient that if they want the Division to discontinue services, they must request that in writing.

7. Closing of Cases

A. This section sets forth the Division's system and standards for the closing of its cases. In order to be eligible for closing, the case must meet at least one of the following criteria:

B. In the case of a child who has reached the age of majority, there is no longer a current support order, arrearages are under $500 or unenforceable under Maine law, and any debt for public assistance under 19A MRSA § 2301 is under $500 or is unenforceable under Maine law;

C. In the case of a child who has not reached the age of majority, there is no longer a current support order, arrearages are under $500 or unenforceable under Maine law, and any debt for public assistance under 19A MRSA § 2301 is under $500 or is unenforceable under Maine law;

D. The responsible parent or putative father is deceased and no further action, including any against the estate, can be taken;

E. Paternity cannot be established because:

  1. The child is at least 18 years old and action to establish paternity is barred by the statute of limitations;
  2. A genetic test or a court or administrative process has excluded the putative father and no other putative father can be identified;
  3. The Division has determined that it would not be in the best interests of the child to establish paternity in a case involving incest, or forcible rape, or in any case where legal proceedings for adoption are pending; or
  4. The identity of the biological father is unknown, and cannot be identified after diligent efforts, including at least one interview by the Division with the custodial parent.

F. The responsible parent's location is unknown, and the Division has made regular attempts using multiple sources to locate the responsible parent over a three-year period, all of which have been unsuccessful.

G. The responsible parent cannot pay support for the duration of the child's minority because the parent has been institutionalized in a psychiatric facility, is incarcerated with no chance for parole or has a medically-verified total and permanent disability with no evidence of support potential. The Division must also determine that no income or assets are available to the responsible parent which could be proceeded against for support;

H. The responsible parent is a citizen of, and lives in, a foreign country, does not work for the federal government or a company with headquarters or offices in the United States, and has no reachable domestic income or assets; and the State of Maine has been unable to establish reciprocity with the country;

I. The Division has provided location-only services as requested under 45 CFR § 302.35(c)(3);

J. The non-TANF client requests closure of a case in writing, there is no assignment to the Department of arrearages which accrued under a support order, and any debt for public assistance under 19A MRSA § 2301 is under $500 or is unenforceable under Maine law;

K. There has been a finding of good cause as set forth in federal regulations and the Department has determined that support enforcement may not proceed without risk or harm to the child or caretaker relative;

L. In a non-TANF case, the Division is unable to contact the non-TANF client within a 60 calendar day period despite attempts by phone and at least one first class letter to the last known address; or

M. In a non-TANF case, the Division documents the circumstances of the non-TANF client's non-cooperation and an action by the non-TANF client constituting cooperation is essential for the next step in providing IV-D services or for the continuation of any IV-D service. "Cooperation" includes: Providing the Department with a current address; appearing at a Departmental office as necessary to provide verbal or written information, or documentary evidence, known to, possessed by, or reasonably obtainable by the client; appearing as a witness at judicial or administrative hearings, and executing all documents required for the prosecution or defense of such proceedings; providing information, or attesting to the lack of information, under the penalty of perjury or the penalties for unsworn falsification; and, delivering promptly to the Department any support payments received after becoming a non-TANF client of the Department (except those transmitted to the client by the Department). Non-cooperation includes engaging the support enforcement services of another agency and/or a private attorney, except as and when permitted by the Division as and when, in its judgment, such activity on the part of the client will interfere with neither the Division's fulfillment of its responsibilities to the client under State and federal law nor its control of those services for which it is accountable under federal and State law.

In cases meeting the criteria in paragraphs 1 thru 7 and 11 thru 12 of sub-section A, the Division shall notify the TANF recipient or non-TANF client in writing 60 days prior to closure of the case of the Division's intent to close the case. The case shall be kept open if the TANF recipient or non-TANF client supplies information in response to the notice which could lead to the establishment of paternity or a support order or enforcement of an order or, in the instance of paragraph 11 of sub-section A, if contact is re-established with the non-TANF client or, in the instance of Paragraph 12 of sub-section A, the essential action by the non-TANF client is taken by the client in response to the notice. If the case is closed, the TANF recipient or the non-TANF client may request in writing at a later date that the case be reopened if there is a change in circumstances which could lead to the establishment of paternity or a support order or enforcement of an order.

The Division shall retain all records for cases closed pursuant to this section for a minimum of three years.

8. Distribution and Transmittal of Support Collections in Non-TANF Cases
Distribution of collections other than those from federal income tax refund offset:

In all cases, monthly collections up to the amount of current monthly support obligations are sent to the client.

Child support collected in excess of current support (except for federal income tax refund offset) shall be distributed in the following priority: Arrears owed to the client that accrued after the client no longer received TANF (post assistance arrears) shall be paid to the client; then Arrears owed to the client that accrued before the client received AFDC or TANF (pre-assistance arrears) shall be paid to the client; and then any remaining arrears may be retained by the Department and applied against arrears accrued and owed to the Department during the time the client received AFDC or TANF and arrears that are permanently assigned by the client. The Department will not reimburse more than the amount of public assistance expended.

If there is no support arrearage or debt for public assistance owed to the Department by the responsible parent, the entire monthly collection is paid to the client.

Collections from the federal income tax refund offset are applied first to the satisfaction of any past due support arrearage or debt for public assistance owed by the responsible parent to the Department, and then toward reduction of any past-due support arrearage due the client by the responsible parent.

Disbursements to clients are made within two days after support monies are received and posted by the Departmental Cashier

9. Department's Entitlement to Return of and Right to Recover Monies That Non-TANF Client is Not Entitled to Retain
The Department shall be entitled to the return of and may recover from a non-TANF client any monies which have been distributed to the non-TANF client but which the non-TANF client is not entitled to retain. A non-TANF client is not entitled to retain so much of monies distributed to her/him as are in excess of the amount to which she/he was entitled to have distributed to her/him at the time of distribution of such monies. Monies to which a non-TANF client is not entitled include, but are not limited to, (1) monies to which another responsible-parent account (TANF or non-TANF) was entitled; and (2) monies the Department has been obliged or required to return to or credit to the account of the responsible parent. The applicability of this section is not dependent upon which particular collection mechanism was/is being utilized by the Division to enforce/collect the support obligation.

10. Enforcement in Foster Care Cases
Cooperative Agreement Required

Upon the execution of an acceptable cooperative agreement between the Division of Support Enforcement and The Division of Child and Family Services, the Division shall accept referrals on court-ordered cases for Support Enforcement services. The services provided will be in accordance with the terms of the agreement and applicable federal laws and regulations.

11. Enforcement and Information Services for State Medicaid Agency
The Division shall provide enforcement and information services to the state Medicaid agency as is/may be provided for in a cooperative agreement between the Division and the Medicaid agency and/or as may be required by federal laws and regulations.

12. Persons/Agencies/Governmental Entities for Which Services May Be Provided
The Department may provide the same services to another state (or subdivision thereof) or to a IV-D Agency of any other state for the benefit of such other state (or subdivision thereof) or for the benefit of a non-TANF client of any such IV-D Agency, as the Department may provide for itself or for any non-TANF client of the Department. In the performance of these services, it may utilize any and all remedies available to it under the Alternative Method of Support Enforcement and otherwise for itself and its non-TANF clients.