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 7 - Implemenation of Child Support Guidelines
1. Imputation of Income Based Upon Voluntary Unemployment or Voluntary Underemployment (19A MRSA § 2001[5][D])
A. Imputation of income pursuant to 19A MRSA § 2001(5)(D) shall not be made except upon the basis of evidence in the record as to those factors which, in the circumstances of the parent, constitute his effective earning capability. Such factors may include but are not limited to: prevailing work-availability conditions in the job market within the commuting range of the parent's residence or of a residence to which he might reasonably be expected to move for the purpose of supporting his children; training and education of the parent; prior employment history of the parent; actual availability of the parent for employment.
B. A responsible parent shall have the right to assert that the other parent is voluntarily unemployed or voluntarily underemployed and the right to present evidence to support such assertion. Evidence to support this assertion must meet the requirements and criteria of sub-section (A). If the responsible parent makes and presents evidence in support of such an assertion, a request by the Division for a continuance to enable it to rebut the responsible parent's evidence on this issue shall be granted. The Division shall not be required, as part of its case in chief, to establish that the other parent is not voluntarily unemployed or is not voluntarily underemployed.
C. The Division shall have the right to assert that the responsible parent is voluntarily unemployed or voluntarily underemployed and the right to present evidence to support such assertion. Evidence to support this assertion must meet the requirements and criteria of sub-section (A). If the Division makes and presents evidence in support of such an assertion, a request by the responsible parent for a continuance to enable him to rebut the Division's evidence on this issue shall be granted. A responsible parent shall have no obligation to establish that he is not voluntarily unemployed or that he is not voluntarily underemployed.
2. Responsible Parent Annual Gross Income of Less than Federal Poverty Income Guidelines
The total weekly support obligation of a responsible parent whose annual gross income is less than the federal poverty income guidelines for one person shall be 10% of his weekly gross income for all the children for whom a support award is being established or modified, regardless of the amount of the combined annual gross income of the responsible parent and the other parent.
3. Subsistence Needs of a Responsible Parent (19A MRSA § 2006[5][C])
A. The term "federal poverty guideline" (19A MRSA § 2006[5][C]), for the purpose of a determination under 19A MRSA § 2006(5)(C), shall be deemed to refer to the federal poverty income guideline for one person.
B. "Basic necessities" (22 MRSA § 4301[1]), for the purpose of a determination under 19A MRSA § 2006(5)(C), refers to and includes two categories of basic necessities:
- Food, clothing, shelter, fuel, electricity, nonelective medical services as recommended by a physician, nonprescription drugs and telephone where it is necessary for medical reasons. These are basic necessities regardless of whether or not the responsible parent is receiving or has applied for General Assistance. The cost of these basic necessities, for the purpose of a determination under 19A MRSA § 2006(5)(C), shall be the lesser of the following: 1) the monies actually expended for them or the maximum level of assistance for them as adopted by the Maine municipality in which the responsible parent resides (or in which the primary care provider resides, if the responsible parent does not reside in Maine) pursuant to 22 MRSA § 4305(3-A); or 2) the monies authorized for them by the overseer of the Maine municipality in which the responsible parent resides.
- Any other commodity or service that has been determined essential by the overseer of the Maine municipality in which the responsible parent resides in connection with an application for General Assistance by the responsible parent. The cost of these basic necessities, for the purpose of a determination under 19A MRSA § 2006(5)(C), shall be the monies authorized by the overseer for them.
C. The responsible parent has the burden to present evidence that the responsible parent's income is insufficient to meet work-related expenses and other basic necessities as defined in 22 MRSA § 4301(1). If the responsible parent presents evidence in support of such an assertion, a request by the Division for a continuance to enable it to rebut the responsible parent's evidence shall be granted.
D. Subsection C. does not limit the role, authority or responsibility of a hearing officer under Regulation V(D)(d) and Regulation V(D)(f) of the Department's Administrative Hearings Manual.
4. Deviation From Support Guidelines (19A MRSA § 2007)
A. A party shall not be required to establish the non-existence of any of the considerations set forth in 19A MRSA § 2007(3). A party seeking deviation from the support guidelines shall have the burden of overcoming the presumption (19A MRSA § 2005 and § 2007[1]) that the parental support obligation derived from the support guidelines is equitable and just. To meet this burden a party must present evidence satisfying the criteria set forth in 19A MRSA § 2007(3). If a party presents evidence in support of a deviation, a request by the other party for a continuance to enable it to oppose the proposed deviation shall be granted. A party proposing deviation from the application of the support guidelines shall provide written proposed findings showing that the application of the presumptive amount would be inequitable or unjust.
B. Nothing in subsection A. is intended to affect the role, authority or responsibility of a hearing officer under Regulation V(D)(d) and Regulation V(D)(f) of the Department's Administrative Hearings Manual.
5. Findings and Decisions Pursuant to 19A MRSA § 2006(8)(F)
If a finding be made under 19A MRSA § 2007(1), it shall be part of the written decision which establishes or modifies the child support award. In addition to the other requirements for decisions establishing or modifying child support awards, a decision establishing or modifying a child support award under 19A MRSA § 2007 shall include a statement of:
A. The amount of support that would have been required under 19A MRSA § 2006; and
B. How the decision varies from the support guidelines, including:
- the justification of how the finding serves the best interests of the child(ren); and,
- in cases where items of value are conveyed in lieu of a portion of the child support presumed under the support guidelines, the estimated value of items conveyed.
6. Compilation of Support Award Data
The Office of Administrative Hearings shall, on a monthly basis:
A. Gather and analyze data regarding the number of cases in which the support guidelines have been applied (i.e., in which child support awards have been established under 19A MRSA § 2006), the number and identity of cases in which there has been a deviation from the guidelines pursuant to 19A MRSA § 2007, and the reasons for such deviations, and shall furnish such data and analyses to the Division for its use in the State's quadrennial review of the support guidelines required by 42 USC § 667(b); and
B. Identify for the Division those cases in which a responsible parent's support obligation is determined by Section 2 of this chapter or is limited by the provisions of 19A MRSA § 2006(5)(C), to enable the Division to qualify its computer database of generic deviations from the support guidelines as a validating mechanism for the data described in subsection A.
7. Formulation and rounding Off of Child Support Obligations
Every child support obligation shall be established as a weekly child support obligation per child. Also a decision establishing or modifying a child support award shall set forth the total weekly support obligation of the responsible parent. Obligation amounts shall be rounded off to the nearest whole dollar.
8. Compliance With 19A MRSA § 2006(7)
Compliance with the requirements of paragraphs A. through G. of subsection 7 of 19A MRSA § 2006 shall constitute compliance with 19A MRSA § 2006(7).
9. Compliance With 19A MRSA § 2006(8)
A. The "amount for basic support entitlements" (19A MRSA § 2006[8][C][1]) shall be expressed per week at the appropriate age category over or under 12-years-of-age).
B. The "amount for child care costs" (19A MRSA § 2006[8][C][2]) shall be expressed as the per week cost for each child for whom they are paid.
C. The "amount for extraordinary medical expenses and health insurance "(19A MRSA § 2006[8][C][3]) shall be expressed as the per week cost for each child for whom they are paid.
D. The "specific sum to be paid depending on the number of minor children remaining with the primary care provider" (19A MRSA § 2006[8][E]) shall be expressed as the per child per week basic support obligation of the responsible parent. This sum shall be derived from the basic support entitlement. The basic support entitlement is a function of the number of minor children remaining with the primary care provider.
10. Automatic Adjustments (19A MRSA § 1653[13]); Prospective Child Support Awards (19A MRSA § 2006[6])
A decision establishing or amending a child support award for a child under the age of 12 shall also establish a prospective award for the child as a 12-year old, such award to become effective on the child's 12th birthday without need of a further decision. The decision establishing or amending such prospective award shall so provide.
11. Automatic Adjustments Under 19A MRSA § 2006(8)(E)
A decision establishing or amending a child support award in a proceeding in which all the children are over the age of 12 and which establishes basic weekly child support obligations for a decreasing number of children remaining with the primary care provider shall provide for such prospective support obligations to become effective without need of a further decision as each successively lower number of such children is reached.
12. Termination of Obligation for Day-Care Costs
A responsible parent's obligation for day care costs for a child under the age of 12 years (19A MRSA § 2006[3][A]) ordered pursuant to an administrative decision shall terminate automatically upon a child reaching the age of 12 years. The weekly child support obligation shall automatically reduce by the amount of such terminated obligation without need of an additional decision. A decision establishing or amending such an obligation shall so provide.
13. Department's Rule for Provision of Information Necessary to Apply the Support Guidelines Pursuant to 19A MRSA § 2004(2)
Information necessary to apply the support guidelines (see 19A MRSA § 2004[2]) shall be provided by the parties in accordance with existing practice and as permitted or as required by Departmental rule, as in effect on April 16, 1990 and as thereafter and ereafter amended.
