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Office of Integrated Access and Support

Maine Child Support (Division of Support Enforcement & Recovery)

Maine Child Support Enforcement Manual
Chapter 8 - Administrative Establishment of Child Support Obligations

 

1. Statutory Authority
The Department is authorized to establish child support obligations administratively by 19A MRSA § 2304.

2. Availability and Scope of Proceeding
When a court order of support has not been established, the Department may establish the responsible parent's current parental support obligation, debt for past necessary support (including medical expenses) and/or obligation to maintain health insurance coverage for the dependent child or children. The Department may proceed on its own behalf or on behalf of another state, another state's instrumentality, an individual or governmental applicant for services under 19A MRSA §2103 or a person who is otherwise entitled to support enforcement services under federal law (see 4.6, p. 13). The Department acting on behalf of another state, another state's instrumentality or a person residing in another state constitutes good cause within the meaning of 5 MRSA §9057(5). Notwithstanding any other provision of law, a parental support obligation established under this chapter continues beyond the child's 18th birthday, if the child is attending secondary school as defined in 20-A MRSA §1, until the child graduates, withdraws, is expelled or attains 19 years of age, whichever occurs first. For purposes of this chapter, "debt for past necessary support" includes a debt owed to the Department under 19A MRSA §2301(1)(A), a debt owed under 19A MRSA §2103(6) and a debt that accrues under 19A MRSA §§ 1553 and 1504.

3. Court Order of Support
"Court order of support", as used in section 2, means a "court order of support" as defined by 19A MRSA § 2101(13). "Court order of support" does not include:

A. A protection from abuse or similar such order that does not address the issue of support; and

B. A protection from abuse or similar such order that has expired.
The above mentioned examples are for clarification only and not meant to be an exhaustive list of all orders that are not court orders of support. The intent is to not issue a support order when a court has taken jurisdiction over the issue.

The existence of an order described in this section does not prevent the Department from establishing a child support obligation administratively.

4. Notice of Intention to Establish a Support Order
To begin an administrative proceeding to establish a support order, the Department shall serve the responsible parent with a notice and blank Statement of Resources form. A copy of the notice and a blank Statement of Resources shall be sent by regular mail to the custodial parent. The notice must state the following:

• The names of both parents and the names of the dependent child or children;
• The Department's intention to establish a support order, which may include a periodic payment for current support, a debt for past necessary support including medical expenses and an obligation to provide health insurance coverage;
• That the responsible parent must submit a completed Income Affidavit to the Department within 30 days;
• That the Department calculates a proposed support order based on the State's child support guidelines using all available information and, if there is a lack of sufficient reliable information about a parent's actual earnings for a current or past period, the Department presumes for the purpose of establishing a current support obligation or a debt for past necessary support that the responsible parent has or had an earning capacity equal to the average weekly wage as determined by Department of Labor statistics for the applicable years;
  That the Department sends to the responsible parent by regular mail a copy of the proposed support order and the Department's child support worksheet;
• That the responsible parent may request a hearing in writing within 30 days of the date of mailing of the proposed support order;
• That if the Department does not receive a timely request for hearing, it issues a decision that incorporates the findings of the proposed support order and sends a copy of the decision to both parents by regular mail; and
• That, after a decision is issued, the Department may enforce the decision by any lawful means, including immediate income withholding, lien and foreclosure, administrative seizure and disposition, order to withhold and deliver and tax refund intercept.
• If a debt for past necessary support is established, the Department may report the responsible parent and the amount of the debt to a consumer credit reporting agency.

5. Notice of Proposed Support Order
After serving notice upon the responsible parent as provided by section 4, and after more than 30 days have elapsed, the Department shall calculate the responsible parent's current parental support obligation and debt for past necessary support as provided by section 8. Based on its calculations under the support guidelines, the Department shall issue a proposed support order. The proposed support order must include the Department's calculations and state the amount of the responsible parent's current parental support obligation and debt for past necessary support, including medical expenses, and must state the responsible parent's obligation to provide health insurance coverage for the dependent child or children and pay a proportionate share of uninsured medical expenses. The Department shall send a copy of the proposed support order to the responsible parent and to the custodial parent by regular mail along with a copy of the Department's child support worksheet. The proposed order must be accompanied by a notice that states:

• That the responsible parent has the right to request a hearing within 30 days of the date of mailing of the proposed support order and that if a hearing is requested, the Department will send the responsible parent a notice of hearing by regular mail at least 30 days before the date of the hearing, along with a statement of the hearing rights described in section 7;
• That if the Department does not receive a timely request for hearing, the Department will issue a decision that incorporates the findings of the proposed support order into the Department's decision and send a copy of the decision to both parents by regular mail;
• That if the Department issues a decision that establishes a responsible parent's support obligation, the Department may enforce the decision by any lawful means, including immediate income withholding, lien and foreclosure, administrative seizure and disposition, order to withhold and deliver, license revocation, unemployment intercept and tax refund intercept; and
• That if the Department establishes a debt for past necessary support, the Department may report the responsible parent and the amount of that debt to a consumer credit reporting agency.

6. Right to Hearing
The responsible parent may request an administrative hearing within 30 days of the date of mailing of the notice described in section 5. A request for hearing must be in writing. If the responsible parent delivers the request to the Division, it must be received within 30 days of the date of mailing of the notice. If the request is mailed, the postmark date on the envelope must be within 30 days of the date of mailing of the notice. A request for hearing is deemed timely if the 30th day after the date of mailing is a weekend, holiday or other non-business day for the Department and the request is received by the Division or postmarked on the next business day.

7. Notice of Hearing
If the responsible parent makes a proper and timely request for a hearing, the Division shall send the responsible parent a notice of hearing by regular mail. The Division shall send the notice at least 30 days before the date of the hearing. The notice must tell the responsible parent the date, time and place of the hearing. The notice also must state the following:

1. The responsible parent's hearing rights as described in section 8;
2. That if the responsible parent does not appear at the hearing, the Division will issue a decision that incorporates the terms of the proposed support order;
3. That if a support obligation is established, the responsible parent's property may be subject to immediate income withholding, lien and foreclosure, administrative seizure and disposition, order to withhold and deliver, license revocation, unemployment intercept and other collection actions and that, if a debt for past necessary support is established, the Department may report the responsible parent and the amount of the debt to a consumer credit reporting agency; and
4. That if the responsible parent is ordered to maintain health insurance coverage and does not do so, the responsible parent may be held liable for all medical expenditures made by the Department or the custodial parent on behalf of the dependent child or children.

8. Hearing
The Department shall conduct the hearing according to rules adopted by the Commissioner. The purpose of the hearing is to determine the nature and extent of the alleged responsible parent's child support obligation, if any, for the dependent child or children named in the notice issued under section 4. The responsible parent may present evidence and testimony, cross-examine witnesses and contest the evidence relied on by the Division. The responsible parent may represent himself or herself at the hearing or may be represented by an attorney or other person. In rendering a decision, the Department may only consider evidence that is part of the hearing record.

9. How the Support Obligation is Determined

A. Current parental support obligation. A current parental support obligation is established in accordance with the support guidelines, unless the amount of the obligation is established pursuant to 19A MRSA §2007.

B. Obligation to maintain health insurance coverage. If it is determined that health insurance coverage is available to the responsible parent at reasonable cost, the Department must establish an obligation on the part of the responsible parent to provide health insurance coverage for the dependent child or children, effective immediately. Health insurance coverage is considered reasonable in cost when it is employer-related or other group health insurance. If it is determined that health insurance coverage is not available at reasonable cost, the Department must establish an obligation on the part of the responsible parent to obtain health insurance coverage as soon as it becomes available at reasonable cost.

C. Obligation to pay past necessary support. The amount of a responsible parent's debt for past necessary support is established by applying the most current child support guidelines to the period(s) for which the custodial parent or the Department is entitled to support.

1. To whom owed. A debt for past necessary support may be owed to the Department, to a custodial parent, to another state, or to any other person (as defined by 19A MRSA §101(6)) who has provided necessary support for the child or children.
2. Assignment of rights. Individuals who receive TANF from the Department, or received AFDC, assign all support rights to the Department pursuant to 19A MRSA § 2369, as required by 42 U.S.C. § 602(a)(26)(A) and 45 C.F.R. § 233. The Division may attempt to establish a debt for past necessary support for any period for which support rights have been assigned to the Department. The Department shall distribute collections from debts for past necessary support that are assigned to the Department pursuant to 19A MRSA § 2401, to the extent permitted by 42 U.S.C. § 657(b)(4) and 45 C.F.R. § 302.51.
3. Limitation of debt. A debt may only be established for periods in which no court order of support exists and may only be established for the six year period preceding service of the Notice required by section 4.
4. TANF overpayments. If the responsible parent is liable to repay an AFDC or TANF overpayment to the Department because he or she was not absent from the home, the Department shall not obligate the responsible parent to repay past necessary support for the same period covered by the overpayment.
5. Qualified medical expenses. As part of the responsible parent's debt for past necessary support, the Division may establish a debt owed by the responsible parent for medical expenses. The amount of a responsible parent's debt for medical expenses is determined by multiplying the total of all qualified medical expenses (see Chapter 2 for the definition of "Qualified medical expense") for a given year by the responsible parent's percentage share of the total support obligation (as defined by 19A MRSA § 2001(10)) for the same year. The responsible parent's total debt for medical expenses is the sum of the medical debt for each year.
   The responsible parent's net medical debt is the difference between the total medical debt and monies that the responsible parent is entitled to receive credit for. In order to receive credit, the responsible parent must document that he or his insurer have paid all or part of the qualified medical expenses that comprise the total medical debt. Credit is limited to the actual amount paid.

D. Lack of information about present or past income; Department of Labor statistics. If a responsible parent who has been served a Notice under section 4 does not provide evidence of his or her income, and there is a lack of sufficient reliable information about the responsible parent's present or past income, the Department must presume for the purpose of calculating a current support obligation and/or a debt for past necessary support that the responsible parent has and/or had an earning capacity equal to the average weekly wage of a worker within this State for the applicable years as determined by the Department of Labor statistics published by the Department of Labor each year. The Department may conclude for the purpose of calculating a current support obligation and/or a debt for past necessary support that the responsible parent's income for the applicable years is greater or less than the average weekly wage if there is sufficient reliable evidence to reasonably conclude that the responsible parent had a greater or lesser actual income.

E. Credit is limited to the actual amount paid. Lack of information about present or past income; Department of Labor statistics. If a responsible parent who has been served a Notice under section 4 does not provide evidence of his or her income, and there is a lack of sufficient reliable information about the responsible parent's present or past income, the Department must presume for the purpose of calculating a current support obligation and/or a debt for past necessary support that the responsible parent has and/or had an earning capacity equal to the average weekly wage of a worker within this State for the applicable years as determined by the Department of Labor statistics published by the Department of Labor each year. The Department may conclude for the purpose of calculating a current support obligation and/or a debt for past necessary support that the responsible parent's income for the applicable years is greater or less than the average weekly wage if there is sufficient reliable evidence to reasonably conclude that the responsible parent had a greater or lesser actual income. Credits. Whenever a debt for past necessary support is established, the Division shall subtract the aggregate of the credits set forth in paragraph 1 to which the responsible parent has established his entitlement. The remainder is the responsible parent's net debt for past necessary support, which is the responsible parent's debt accrued under 19A MRSA §§ 1553, 2103(6) and/or 2301, as applicable.

Authorized credits.
i. Monies received by the Department and posted against the responsible parent's obligation or debt for the period(s) for which the debt was established.
ii. Monies paid by the responsible parent to the custodial parent as payment of or in lieu of child support during the period(s) for which the custodial parent or the Department claims support is owed (but, no credit is allowed for payments made after the Division has notified the responsible parent that in order to receive credit, support payments must be made directly to the Division.
iii. Utilitarian things of value, other than money, given by the responsible parent to the custodial parent or the children, as or in lieu of child support, during the period(s) for which the custodial parent or the Department claims support is owed (but, no credit is allowed after the Division has notified the responsible parent, in writing, that in order to receive credit, he must send his support payments directly to the Division. "Utilitarian things of value", as used in this sub-§, includes that portion of the fair market rental value of a residence in which the custodial parent and the child(ren) have resided which is allocable to the responsible parent's portion of ownership of the residence).
iv. No other credits are authorized (including any credit for a period of time during which the child(ren) of the responsible parent has/have visited with him). Establishment of entitlement to credits.

i. The burden of coming forward with evidence to establish the credits authorized by the Manual rests solely upon the responsible parent.
ii. In order to receive credit for monies paid out but not received by the custodial parent, the responsible parent must demonstrate that the payment made was for the specific purpose of child support.
iii. No payment of taxes, principal, or interest on a mortgage, or of taxes, principal, or interest on any other asset may be allowed as a credit if the responsible parent has sole title to the same mortgage or asset, or if the responsible parent has title with a person or persons other than the custodial parent. If any such asset is owned jointly by the responsible parent and the custodial parent, the credit for such payments may not exceed a percentage equal to the custodial parent's percentage share of ownership, title, or equity of or in the asset. Such payments, with respect to real property, can qualify for credit only with respect to the residence in which the custodial parent and the dependent child(ren) are actually living. The only other asset with respect to which such payment can qualify, is for a motor vehicle that is in operating condition and is in the possession of the custodial parent.
iv. In connection with things of value other than monies that have been given to a custodial parent or the child(ren) as or in lieu of child support, the responsible parent must come forward with evidence of specific things given and proof of payment for, or proof of market values of the things given so that their value may be ascertained with reasonable certitude and calculated in a rational, informed manner.

3. No credit after notice to pay the Department directly. The responsible parent is not entitled to credit for monies or things of utilitarian value given to the custodial parent after the responsible parent is notified in writing that credit will be given only for monies paid directly to the Department.

10. Decision
A. If a hearing is held, the Department shall render a decision based on the hearing record and applicable state laws and rulemaking. If the responsible parent does not appear at the hearing, the Department shall issue a decision that incorporates the findings of the proposed support order. If the responsible parent does not request a hearing in a timely manner, the Division shall issue a decision that incorporates the findings of the proposed support order. The Department shall send a copy of the decision to both parents by regular mail. Service is complete upon mailing and the parents are presumed to have received the decision within three (3) days of mailing. The Department shall send the copies to the last known address of each parent. The decision must establish and state:

1. The responsible parent's duty to provide support, the amount of the current parental support obligation, the amount of any debt for past necessary support including medical expenses, the obligation of the responsible parent to maintain health insurance coverage for the dependent child or children and pay a proportionate share of uninsured medical expenses, and that the responsible parent must provide written proof to the Department of health insurance coverage that is required by the decision within 15 days of the responsible parent's receipt of the decision;
2. If an obligation for current support is established, an order for immediate income withholding is issued and made a part of the decision;
3. Thirty days after the decision is issued, the Department may enforce the decision by any lawful means, including lien and foreclosure, administrative seizure and disposition, order to withhold and deliver, license revocation, unemployment intercept and tax refund intercept. If a decision includes an immediate income withholding order, the Department may implement the withholding order to collect current support immediately after the decision is issued. If a debt for past necessary support is established, the department may report the responsible parent and the amount of the debt to a consumer credit reporting agency;
4. That if the responsible parent does not maintain health insurance coverage when required to do so by the Department, the responsible parent may be held liable for all medical expenditures made by the Department or the custodial parent on behalf of the dependent child or children;
5. If the responsible parent is ordered to pay child support, the responsible parent must inform the Department of any changes in the responsible parent's current address or employer within 15 days, and that failure to report such changes within 15 days is a civil violation for which a forfeiture not to exceed $200 may be adjudged for each violation; and
6. The decision must inform the responsible parent that, if the responsible parent appeared at the hearing, that parent may appeal the decision within 30 days of the date of mailing of the decision by requesting the Department to hold an administrative review hearing.
   
   If a hearing is held, when deciding the amount of the current parental support obligation, the debt for past necessary support and the availability of health insurance coverage, the official conducting the hearing shall consider the following criteria:

• The child's or children's needs;
• The responsible parent's income and real and personal property;
• The responsible parent's ability to borrow;
• The responsible parent's ability to earn;
• The responsible parent's needs;
• Whether the responsible parent has a duty to support other dependents. In any case, the child or children for whom support is sought must benefit as much as any other dependent from the income and resources of the responsible parent;
• Whether the responsible parent has voluntarily incurred subsequent obligations that have reduced that parent's ability to pay support. This condition does not relieve the responsible parent of the duty to provide support;
• Whether employer-related or other group health insurance coverage is available to the responsible parent; and
• Whether the responsible parent's existing health insurance coverage may be extended to include the dependent child or children.

11. Collection Action
The Division may initiate collection action 30 days after the date of mailing of the decision. If the decision includes an immediate income withholding order, the Division will implement the withholding order to collect current support immediately after the decision is issued.

12. Right to Appeal
A responsible parent or the Department may appeal a decision after hearing within 30 days of when the responsible parent receives the decision, provided that the responsible parent appeared at the hearing. The responsible parent is presumed to have received the decision within 3 days of the date of mailing. An appeal is made by submitting a review affidavit to the Division that explains the reasons for the appeal. Review affidavit forms are provided by the Division upon request. A responsible parent who did not appear at the hearing may request the Department to set aside the decision for good cause shown, subject to the provisions of section 13.

13. Request to Set Aside
Within one year of the mailing of the decision, the responsible parent may request the Department to set aside the decision if the responsible parent shows good cause why the responsible parent did not request a hearing or did not appear at a hearing and presents a meritorious defense to the decision. Examples of good cause for failure to appear and failure to request a hearing include mistake, inadvertence, excusable neglect, lack of jurisdiction, and inadequate notice. A request to set aside a decision must be in writing and must include a written statement that explains the specific reasons for the request. When the Division receives a timely request to set aside a decision, the Division shall issue the responsible parent a Notice of Hearing as provided by 12.6(B).

If the responsible parent establishes good cause for failure to appear at the hearing, the Department shall proceed, if appropriate, to take evidence for the purpose of establishing the responsible parent's support obligations for the period or periods in question.

If the responsible parent does not establish good cause for failure to appear at the hearing, the Department shall proceed as in an amendment hearing to determine whether to amend the decision prospectively based on a substantial change of circumstances.

If the responsible parent has not provided the Division with adequate notice in advance of the hearing of the reasons for the request to set aside the decision, the Department shall grant the Division a continuance so that the Division has an opportunity to verify or obtain evidence to rebut any claims made by the responsible parent.

14. Subsequent Court Order
An administrative decision remains in effect until superseded by a subsequentsupport order.

15. Amendment
A responsible parent may request an administrative hearing to amend a decision prospectively based on a substantial change of circumstances. The Department may seek to amend a decision prospectively based on a substantial change of circumstances by using the same process permitted by this chapter for establishing a support obligation. When seeking to amend an administrative decision, the Department shall state in its initial notice that the purpose of the proceeding is to amend the responsible parent's support obligation based on a substantial change of circumstances.

16. Enforcement
An administrative decision is enforceable until amended, set aside, or superseded by a court order. An administrative decision creates a support obligation for purposes of enforcement under 19A MRSA § 2103.

17. Effect
This chapter applies to proceedings in which the responsible parent is served notice on or after the effective date of this section. Prior rules apply to proceedings in which the responsible parent is served notice before the effective date of this section.

18. Adoption Orders
An attested or certified copy of an order of adoption (or an original certificate of adoption) is a sufficient basis upon which to conclude that the adoptive parent owes a duty of support to the adopted child pursuant to 19A MRSA §1504 and that the adoptive parent is a responsible parent within the meaning of 19A MRSA §§2101(12), 2301 and 2304 as of the effective date of the order or certificate of adoption. An order or certificate of adoption does not lessen or negate any duty of support or support obligation owed by the child's natural parents up to the date of adoption.

19. Children Conceived and Born Out-of-Wedlock
For cases in which the child is born out-of-wedlock, the following evidence, if regular on its face, must be made a part of the hearing record and must be considered sufficient to establish that the alleged responsible parent has a duty of support under 19A MRSA §1504 and is a responsible parent within the meaning of 19A MRSA §§2301 and 2304:

1. An original or duplicate original acknowledgment of paternity or similar document whereby the alleged responsible parent acknowledged the paternity of the child.
2. An attested or certified copy of an acknowledgment of paternity or similar document that is issued by the keeper of records where the original or duplicate original acknowledgement or similar document is filed or recorded.
3. An abstract prepared by the Department's Office of Data, Research and Vital Statistics that indicates the alleged responsible parent has acknowledged the paternity of the child and that a copy of the acknowledgement or other similar document is on file with that office. The abstract must contain the full names of the parents and child, the child's date of birth, and the date of acknowledgement.
4. An original or duplicate original document whereby the alleged responsible parent consented to the entry of his name on the child's birth certificate.
5. An attested or certified copy of a document whereby the alleged responsible parent consented to the entry of his name on the child's birth certificate that is issued by the keeper of records where the original or duplicate original document is filed or recorded.
6. An original or duplicate original certificate or affidavit of legitimation executed by the alleged responsible parent.
7. An attested or certified copy of a certificate or affidavit of legitimation that is issued by the keeper of records where the original or duplicate original certificate or affidavit is filed or recorded.
8. An original or duplicate original of the child's birth certificate on which the alleged responsible parent's name is entered as the father, provided that the laws of the state in which the birth certificate is filed or recorded permit the entry of the father's name only if the father executes an acknowledgement of paternity, consents in writing to the entry of his name on the child's birth certificate, executes an affidavit or certificate of legitimation or is presumed to be the father based on the results of genetic testing.
9. An attested or certified copy of the child's birth certificate on which the alleged responsible parent's name is entered as the father that is issued by the keeper of records where the original or duplicate original birth certificate is filed or recorded, provided that the laws of the state in which the birth certificate is filed or recorded permit the entry of the father's name only if the father executes an acknowledgement of paternity, consents in writing to the entry of his name on the child's birth certificate, executes an affidavit or certificate of legitimation or is presumed to be the father based on the results of genetic testing.
   
   The responsible parent may raise affirmative defenses to written evidence of paternity as described in this section only for purposes of preserving the issue for judicial review. An alleged responsible parent is not prohibited from litigating at the hearing a claim that he is not the person who executed the acknowledgement of paternity, written consent or affidavit of legitimation relied on by the Division to establish a child support obligation.

20. Ten Day Advance Notice of Claims For Credit
A responsible parent who intends to introduce evidence at the hearing to support a claim for credit against his or her child support obligation must notify the Division in writing of the substance of any such claim and provide the Division with any written evidence that supports the claim (i.e., cancelled checks or receipts) within 10 days of receipt of the Notice of Hearing. The responsible parent must notify the Division in accordance with the requirements of this section of any claims of (a) monies paid by the responsible parent directly to the custodial parent or to any other person or entity other than the Department (except if payment was retransmitted to and posted by the Department) as payment of or in lieu of child support, and (b) things of utilitarian value other than money that the responsible parent gave to the custodial parent or child(ren) as or in lieu of child support. In the absence of such notice by the responsible parent, and provided that the Notice of Hearing or any other prior notice informs the responsible parent of the substance of the requirements of this section, the Division, upon request, must be granted a continuance so that it is able to consider, verify and/or rebut any claim for credit of which it did not have adequate prior notice. If a continuance is granted due to a lack of adequate prior notice, the responsible parent's current parental support obligation, if any, must begin on the same date as if the hearing had not been continued, provided that the responsible parent has been notified of the substance of this section in the Notice of Hearing or any other prior notice.

21. Adjournments requested By the Responsible Parent
If a hearing is continued or adjourned at the request of the responsible parent (whether by a hearing officer or by agreement with the Division), the responsible parent's current parental support obligation, if any, must begin on the same date as if the hearing had not been continued or adjourned, provided that the responsible parent has been notified of the substance of this section in the Notice of Hearing.

22. Court Action Optional
The Division, through the Department of Attorney General, may initiate and maintain a civil action to establish a responsible parent's current parental support obligation, debt for past necessary support, and/or obligation to provide health insurance coverage for a dependent child or children in any case in which the Department is authorized to establish such obligations administratively.

23. Foster Care Cases
The responsibility for the establishment of a child support obligation in Foster Care cases rests with the Division of Child and Family Services. Court-ordered child support obligations are to be sought at the time the child is committed or at a subsequent court review of the commitment. If appropriate, the Division will establish a child support obligation through the administrative process.

24. Immediate Withholding of Earnings Pursuant to 19A MRSA §2306

1. A finding of "good cause not to require immediate withholding" under 19A MRSA § 2306(1)(B)(1) must be based on at least:
   1. A written determination that, and explanation by the hearing officer of why, implementing immediate wage withholding would not be in the best interests of the child; and,
   
   2. In a proceeding involving the modification of a support award, proof of timely payment of previously ordered support in the support enforcement case.
2. In a proceeding in which the custodial parent is a TANF recipient, "A written agreement between the parties" (19A MRSA § 2306[1][B][2]) means a written agreement between the responsible parent and the Division or the payor of TANF public assistance other than the Department which is consented to by the TANF recipient either on the record at the hearing or in writing or where the TANF recipient has given written authorization to the Division or payor of TANF public assistance other than the Department to enter into a written agreement.
3. In a proceeding in which the custodial parent is a non-TANF support enforcement client of the Department or another title IV-D agency, "A written agreement between the parties" (19A MRSA § 2306[1][B][2]) means a written agreement between the responsible parent and the client or a written agreement between the responsible parent and the Division or other title IV-D agency of which the custodial person is a client and where the client has given the Division or other title IV-D agency written authorization to enter into a written agreement.

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