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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

Maine Child Support Enforcement Manual   In Microsoft Word*   In PDF*

 

Chapter 1 Preliminary Statement

  1. Authority and Intention to Establish Rules
  2. Title of rules
  3. Preliminary Statement as Integral Part of Manual
  4. Manual Binding on Departmental Employees
  5. Purposes of Establishment of Rules
  6. Disclaimer of Waiver
  7. Organization of Rules
  8. Citation of Rules

Chapter 2 Definitions

           A   B   C   D   E   F   G   H   I   J   K   L   M   N   O   P   Q  R   S   T   U   V   W   X   Y   Z

Chapter 3 Support Services

  1. Duty to Provide Support Enforcement Services
  2. Definition and Scope of Support Enforcement Services
  3. Referral for Support Enforcement Services When Rights to Support are Assigned
  4. Disregard/Payment of $50 Per Month of Child Support Payments
  5. Application for Support Enforcement Services
  6. Continuation of IV-D Services for Former TANF, IV-E Foster Care, and Non-TANF Medicaid Recipients
  7. Closing of Cases
  8. Distribution and Transmittal of Support Collections in Non-TANF Cases
  9. Department's Entitlement to Return of and Right to Recover Monies That Non-TANF Client is not Entitled to Retain
  10. Enforcement and Information Services for State Medicaid Agency
  11. Persons/Agencies/Govermental Entities for Which Services May Be Provided

Chapter 4 Fees

  1. Employer Fees
  2. Fees and Costs Charged By the Department

Chapter 5 Limitation of Debt; Bar Against Collection

  1. Limitation of Debt
  2. Bar Against Collection
  3. Public Assistance
  4. Duty to Inform
  5. Proof of Claim
  6. Tax Refund Offset
  7. Actions Allowed
  8. Supplemental Security Income (SSI)
  9. Medcaid Exemption

Chapter 6 Child Support Guidelines

  1. Applicability to Administrative Hearings
  2. Child Support Table
  3. Maine Schedule of Basic Child Support Obligation

Chapter 7 Implementation Of Child Support Guidelines

  1. Imputation of Income Based Upon Voluntary Unemployment or Voluntary Underemployment (19A MRSA § 2001[5][D])
  2. Responsible Parent Annual Gross Income of Less Than Federal Poverty Income Guidelines
  3. Subsistence Needs of a Responsible Parent (19A MRSA § 2006[5][C])
  4. Deviation From Support Guidelines (19A MRSA § 2007)
  5. Findings and Decisions Pursuant to 19A MRSA § 2006(8)(F)
  6. Compilation of Support Award Data
  7. Formulation and Rounding Off of Child Support Obligations
  8. Compliance With 19A MRSA § 2006(7)
  9. Compliance With 19A MRSA § 2006(8)
  10. Automatic Adjustments (19A MRSA § 1653[13]); Prospective Child Support Awards (19A MRSA § 2006[6])
  11. Automatic Adjustments Under 19A MRSA § 2006(8)(E)
  12. Termination of Obligation for Day-Care Costs
  13. Department's Rule for Provision of Information Necessary to Apply the Support Guidelines Pursuant to 19A MRSA § 2004(2)

Chapter 8 Administrative Establishment Of Child Support Obligations

  1. Statutory Authority
  2. Availability and Scope of Proceeding
  3. Court Order of Support
  4. Notice of Intention to Establish a Support Order
  5. Notice of Proposed Support Order
  6. Right to Hearing
  7. Notice of Hearing
  8. Hearing
  9. How the Support Obligation is Determined
  10. Decision
  11. Collection Action
  12. Right to Appeal
  13. Request to Set Aside
  14. Subsequent Court Order
  15. Amendment
  16. Enforcement
  17. Effect
  18. Adoption Orders
  19. Children Conceived and Born Out-Of-Wedlock
  20. Ten Day Advance Notice of Claims for Credit
  21. Adjourments Requested by the Responsible Parent
  22. Court Action Optional
  23. Foster Care Cases
  24. Immediate Withholding of Earnings Pursuant to 19A MRSA §2306

Chapter 9 Proceedings Under 19A MRSA §1601-1616; Expedited Process For The Commencement Of Paternity Actions

  1. Commencemnet of a Legal Action
  2. Method of Service
  3. Written Denial of Paternity
  4. Acknowledgment of Paternity
  5. Blood Testing
  6. Filing a Record of a Paternity Proceeding in a Court
  7. Court Ordered Relief
  8. Non-Resident Alleged Fathers

Chapter 10 Proceedings Under 19A MRSA §2352 (Notice Of Support Debt) And 19A MRSA §2359 (Expedited Income Withholding)

  1. Procedure in General
  2. Scope of Liabilities and Obligations Which May be Enforced by the Division Under 19A MRSA § 2352 AND/OR 19A MRSA § 2359.
  3. Requirements for a Notice of Debt
  4. Requirements for a Notice of Intention to Withhold Pursuant to§ 2359
  5. Combining of Notice of Debt and Notice of Intention to Withhold
  6. Collection of Support Debt in Jeopardy
  7. A Support Order Not Affected by Certain Other Orders
  8. Applicability of Former 19 MRSA § 303
  9. Limitation on Credit for Parent/Child Contact
  10. Stay of Agency Action

Chapter 11 Rules For Hearings

  1. Settings of Hearing
  2. Jurisdiction of the Hearing Officer
  3. Order of Presentation
  4. Evidence
  5. Declination to Offer Evidence
  6. Decision Required for Finding of No Jurisdiction
  7. Withdrawal Without Prejudice
  8. Decisions
  9. Mistakes in Decisions
  10. The Record

Chapter 12 Proceedings To Amend Or Set Aside Administrative Decisions; Proceedings To Appeal Agency

  1. Administrative Review Hearings
  2. Types of Administrative Review Hearings
  3. Administrative review Hearings Available to the Responsible Parent
  4. Request for Hearing by the Responsible Parent
  5. Administrative review and Appeal Hearings Available To the Division
  6. Notice of Hearings
  7. Issues that may Be Considered at Administrative Review Hearings
  8. Reviewable Issues That Are Not Set Forth In a Review Affidavit
  9. Uncredited Cash Payments; Notice To Pay the Payor of Public Assistance Directly
  10. Limitation on Hearings
  11. Failure of Responsible Parent to Raise Issues
  12. Non-Appearance By Responsible Parent

Chapter 13 Disposition Of Proceedings By Settlement, Stipulation Or Consent Decision; Waivers

  1. Disposition By Settlement, Sipulation, or Consent Decision
  2. Waivers

Chapter 14 Collection Of Support Debt General Rules

  1. Availability of Collection-of-Support-Debt Mechanisms to the Division
  2. Exempt Property

Chapter 15 Rules Relating To Alternative Method Collection Of Support Debt Mechanisms

  1. Assertion of Liens (19A MRSA § 2357)
  2. Order to Withhold and Deliver (19A MRSA § 2358)
  3. Administrative Seizure and Disposition of Property (19A MRSA § 2363)
  4. Foreclosure on Liens (19A MRSA § 2364)
  5. Assignment of Earnings (19A MRSA § 2368)
  6. Setoff of Debts Against Lottery Winnings (19A MRSA § 2360)
  7. Consumer Credit Reporting
  8. Health Insurance Costs

Chapter 16 Federal Income Tax Refund Offset

  1. Implemenation of Federal Mandate
  2. The Subittal
  3. Exemption From Collection of Arrearage Debt By Offset
  4. Identification of Debtors
  5. Notification To Responsible Parent
  6. Notification To Responsible Parent's Spouse
  7. Changes Subsequent To Notification of OCSE
  8. Joint Returns
  9. Distribution of Collections From Federal Income tax Refund Offset
  10. Excess Payment
  11. Distribution of Non-TANF Offset Collections
  12. Department's Entitlement To Return Of and Right To Recover Non-TANF Offset Monies Which a Non-TANF Client Is Not Entitled To Retain
  13. Applicability of Former 19 MRSA § 303

Chapter 17 State Income Tax Refund Offset

  1. Notification To State Tax Assessor
  2. Exemption From Collection of Debt By Offset
  3. Changes Subsequent To Notification
  4. Review hearing
  5. Finalization of Offset
  6. Joint Returns
  7. Accounting and Distribution
  8. Excess Payment
  9. Distribution of Collections From State Income Tax Refund Offset
  10. Department's Entitlement to Return of and Right to Recover Non-TANF Offset Monies Which a Non-TANF Client is Not Entitled to Retain

Chapter 18 Unemployment Compenstation

  1. Statutory Authority
  2. Procedure

Chapter 19 Periodic Review And Modification Of Support Orders

  1. Purpose
  2. Provisions Supplemental
  3. Definitions
  4. Review of Support Orders
  5. Advance Notice of Review
  6. Requirement to Complete Income Affidavits; Sanctions
  7. Notice of Review Findings
  8. Motion to Modify Support
  9. Amendmnet Hearing; Decision After Hearing; Effective Date of Amended Decision
  10. Request for Review of Support Orders Issued by Other States

Chapter 20 Disclosure Of Information Pursuant To 19A MRSA§ 2152

  1. Requests For Information
  2. Notice To The Responsible Parent
  3. Penalty For Knowing Failure To Respond, Knowing Failure To Disclose, or Knowing Refusal To Disclose
  4. Limitation If Alleged Responsible Parent Is a Putative Father
  5. Immunity From Liability
  6. Facilitation of Responses
  7. Affirmation of Responses
  8. Confidentiality of Information; Unlawful Dissemination
  9. Admissible Evidence

Chapter 21 Revocation And Nonrenewal Of Occupational Or Recreational Licenses; Proceedings Under 19A MRSA §2201

  1. Definitions
  2. Notice
  3. Payment Agreement
  4. Hearing
  5. Decision After Hearing
  6. Judical Review
  7. Stay
  8. Certification of Noncompliance
  9. Notice From Board; Final Determination
  10. Statement of Compliance
  11. Motion to Modify Or Request to Amend a Support Order
  12. Reporting Of Licensees
  13. Notice; Effect Of Noncompliance
  14. Subsequent Reissuance, renewal Or Other Extension Of License

Chapter 22 Revocation Of Motor Vehicle Operators Licenses; Proceedings Under 19A MRSA §2202

  1. Definitions
  2. Notice
  3. Payment Agreement
  4. Hearing
  5. Decision After Hearing
  6. Judical Review
  7. Stay
  8. Certification Of Noncompliance
  9. Statement Of Compliance; Cliams Of Special Needs
  10. Motion To Modify Court Order; Request To Amend Administrative Decision

Chapter 23 Employer Reporting

  1. Duty to report
  2. Form of report
  3. Report
  4. Enforcement; Penalties
  5. Use of New Hire Information
  6. Access to Information

Chapter 24 Health Insurance Withholding Order

  1. Health Insurance Withholding Order
  2. Employer Notice
  3. Duty To Enroll
  4. Choice Of Plan
  5. Answer
  6. Mistake Of Fact; Affirmative Defenses
  7. Duration Of Order
  8. Change Of Plan
  9. Fee
  10. Failure to Honor
  11. Priority Of Order
  12. Employer Protected
  13. Immunity
  14. Employee Protected
  15. Service
  16. Withholding Orders Combined

 

 

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