Ch. 351: Maine Child Support Enforcement Manual

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Code of Maine Rules › -144 Department of Health and Human Services Rules › Ch. 351

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1. AUTHORITY AND INTENTION TO ESTABLISH RULES 9

2. TITLE OF RULES 9

3. PRELIMINARY STATEMENT AS INTEGRAL PART OF MANUAL 9

4. MANUAL BINDING ON DEPARTMENTAL EMPLOYEES 9

5. PURPOSES OF ESTABLISHMENT OF RULES 9

6. DISCLAIMER OF WAIVER 9

7. ORGANIZATION OF RULES 10

8. CITATION OF RULES 10

9. GENDER NEUTRALITY 10

CHAPTER 2 - DEFINITIONS 11

CHAPTER 3 - SUPPORT ENFORCEMENT SERVICES 17

1. DUTY TO PROVIDE SUPPORT ENFORCEMENT SERVICES 17

2. DEFINITION AND SCOPE OF SUPPORT ENFORCEMENT SERVICES 17

3. REFERRAL FOR SUPPORT ENFORCEMENT SERVICES 18

4. APPLICATION FOR SUPPORT ENFORCEMENT SERVICES 18

5. CONTINUATION OF IV-D SERVICES FOR FORMER TANF,

IV-E FOSTER CARE, AND NON-TANF MEDICAID RECIPIENTS 18

6. CASE CLOSURE 19

7. DISTRIBUTION AND TRANSMITTAL OF SUPPORT COLLECTIONS

IN NON-TANF CASES 21

8. DEPARTMENT'S ENTITLEMENT TO RETURN OF AND

RIGHT TO RECOVER MONIES THAT NON-TANF CLIENT

IS NOT ENTITLED TO RETAIN 21

CHAPTER 4 - FEES 22

1. EMPLOYER FEES 22

2. FEES AND COSTS CHARGED BY THE DEPARTMENT 22

3. ANNUAL SERVICE FEE FOR OBLIGEE 22

CHAPTER 5 - LIMITATION OF DEBT; BAR AGAINST COLLECTION

(19-A M.R.S. §2302); SSI 23

1. LIMITATION OF DEBT 23

2. [Not in use] 23

3. PUBLIC ASSISTANCE 24

4. DUTY TO INFORM 24

5. PROOF OF CLAIM 24

6. TAX REFUND OFFSET 24

7. ACTIONS ALLOWED 24

8. REUNITED FAMILY EXEMPTIONS 25

CHAPTER 6 - CHILD SUPPORT GUIDELINES 26

1. APPLICATION 26

2. CHILD SUPPORT TABLE 26

CHAPTER 7 - IMPLEMENTATION OF CHILD SUPPORT GUIDELINES 44

1. IMPUTATION OF INCOME BASED UPON VOLUNTARY

UNEMPLOYMENT OR VOLUNTARY UNDEREMPLOYMENT

(19-A M.R.S. §2001[5][D]) 44

2. RESPONSIBLE PARENT ANNUAL GROSS INCOME OF

LESS THAN FEDERAL POVERTY INCOME GUIDELINES 45

3. SUBSISTENCE NEEDS OF A RESPONSIBLE PARENT

(19-A M.R.S. §2006[5][C]) 45

4. DEVIATION FROM SUPPORT GUIDELINES (19-A M.R.S. §2007) 46

5. FORMULATION AND ROUNDING OFF OF CHILD

SUPPORT OBLIGATIONS 47

6. COMPLIANCE WITH 19-A M.R.S. §2006(8) 47

7. TERMINATION OF OBLIGATION FOR DAY-CARE COSTS 48

CHAPTER 8 - ADMINISTRATIVE ESTABLISHMENT OF CHILD SUPPORT OBLIGATIONS 49

AL POVERTY INCOME GUIDELINES 45

3. SUBSISTENCE NEEDS OF A RESPONSIBLE PARENT

(19-A M.R.S. §2006[5][C]) 45

4. DEVIATION FROM SUPPORT GUIDELINES (19-A M.R.S. §2007) 46

5. FORMULATION AND ROUNDING OFF OF CHILD

SUPPORT OBLIGATIONS 47

6. COMPLIANCE WITH 19-A M.R.S. §2006(8) 47

7. TERMINATION OF OBLIGATION FOR DAY-CARE COSTS 48

CHAPTER 8 - ADMINISTRATIVE ESTABLISHMENT OF CHILD SUPPORT OBLIGATIONS 49

1. STATUTORY AUTHORITY 49

2. AVAILABILITY AND SCOPE OF PROCEEDING 49

3. COURT ORDER OF SUPPORT 49

4. NOTICE OF PROCEEDING 50

5. NOTICE OF PROPOSED SUPPORT ORDER 50

6. RIGHT TO HEARING 51

7. NOTICE OF HEARING 51

8. HEARING RIGHTS 52

9. HOW THE SUPPORT OBLIGATION IS DETERMINED 52

10. HEARING DECISION 56

11. COLLECTION ACTION 57

12. RIGHT TO APPEAL 57

13. REQUEST TO SET ASIDE 57

14. SUBSEQUENT COURT ORDER 58

15. AMENDMENT 58

16. ENFORCEMENT 58

17. EFFECT 59

18. ADOPTION ORDERS 59

19. DE FACTO PARENTAGE 59

20. CHILDREN CONCEIVED AND BORN OUT-OF-WEDLOCK 59

21. TEN DAY ADVANCE NOTICE OF CLAIMS FOR CREDIT 61

22. ADJOURNMENTS REQUESTED BY THE RESPONSIBLE PARENT 61

23. COURT ACTION OPTIONAL j61

24. FOSTER CARE CASES 61

25. IMMEDIATE WITHHOLDING OF EARNINGS PURSUANT TO 19-A M.R.S. §2306 62

CHAPTER 9 - EXPEDITED PROCESS FOR THE COMMENCEMENT OF

PATERNITY ACTIONS 63

1. COMMENCEMENT OF A LEGAL ACTION 63

2. METHOD OF SERVICE 64

3. WRITTEN DENIAL OF PATERNITY 64

4. ACKNOWLEDGMENT OF PATERNITY 64

5. GENETIC TESTING 64

6. FILING A RECORD OF A PATERNITY PROCEEDING IN A COURT 66

7. COURT ORDERED RELIEF 66

8. NON-RESIDENT ALLEGED FATHERS 67

9. DETERMINATION OF MATERNITY 67

CHAPTER 10 - PROCEEDINGS UNDER 19-A M.R.S. §2352 (NOTICE OF SUPPORT

DEBT) AND 19-A M.R.S. §2359 (EXPEDITED INCOME WITHHOLDING) 68

1. PROCEDURE IN GENERAL 68

2. SCOPE OF LIABILITIES AND OBLIGATIONS WHICH MAY BE ENFORCED BY

THE DIVISION UNDER 19-A M.R.S. §2352 AND/OR 19-A M.R.S. §2359 68

3. REQUIREMENTS FOR A NOTICE OF DEBT 68

4. COMMENCEMENT OF ACTION 69

5. REQUIREMENTS FOR A NOTICE OF INTENTION TO WITHHOLD

PURSUANT TO §2359 69

-A M.R.S. §2352 (NOTICE OF SUPPORT

DEBT) AND 19-A M.R.S. §2359 (EXPEDITED INCOME WITHHOLDING) 68

1. PROCEDURE IN GENERAL 68

2. SCOPE OF LIABILITIES AND OBLIGATIONS WHICH MAY BE ENFORCED BY

THE DIVISION UNDER 19-A M.R.S. §2352 AND/OR 19-A M.R.S. §2359 68

3. REQUIREMENTS FOR A NOTICE OF DEBT 68

4. COMMENCEMENT OF ACTION 69

5. REQUIREMENTS FOR A NOTICE OF INTENTION TO WITHHOLD

PURSUANT TO §2359 69

6. COMBINING OF NOTICE OF DEBT AND NOTICE OF INTENTION

TO WITHHOLD 69

7. COLLECTION OF SUPPORT DEBT IN JEOPARDY 70

8. A SUPPORT ORDER NOT AFFECTED BY CERTAIN OTHER ORDERS 70

9. APPLICABILITY OF FORMER 19 M.R.S. §303 70

10. LIMITATION ON CREDIT FOR PARENT/CHILD CONTACT 70

11. STAY OF AGENCY ACTION 70

CHAPTER 11 - RULES FOR HEARINGS 72

1. SETTING OF HEARING 72

2. JURISDICTION OF THE HEARING OFFICER 72

3. ORDER OF PRESENTATION 73

4. EVIDENCE 73

5. DECLINATION TO OFFER EVIDENCE 73

6. DECISION REQUIRED FOR FINDING OF NO JURISDICTION 74

7. WITHDRAWAL WITHOUT PREJUDICE 74

8. DECISIONS 74

9. MISTAKES IN DECISIONS 74

10. THE RECORD 74

CHAPTER 12 - PROCEEDINGS TO AMEND OR SET ASIDE ADMINISTRATIVE

DECISIONS; PROCEEDINGS TO APPEAL AGENCY 76

1. ADMINISTRATIVE REVIEW HEARINGS 76

2. TYPES OF ADMINISTRATIVE REVIEW HEARINGS 76

3. NOTICE OF PATERNITY PROCEEDING NOT APPEALABLE 81

4. REQUESTING A HEARING - PROCEDURE 81

5. ISSUES THAT MAY BE CONSIDERED AT ADMINISTRATIVE

REVIEW HEARINGS 83

6. REVIEWABLE ISSUES THAT ARE NOT SET FORTH IN A REVIEW AFFIDAVIT 87

7. UNCREDITED CASH PAYMENTS; NOTICE TO PAY THE

PAYOR OF PUBLIC ASSISTANCE DIRECTLY 88

8. LIMITATION ON HEARINGS 89

9. FAILURE OF A PARENT TO RAISE ISSUES 90

10. NON-APPEARANCE BY A PARENT 90

CHAPTER 13 - DISPOSITION OF PROCEEDINGS BY SETTLEMENT, STIPULATION

OR CONSENT DECISION; WAIVERS 91

1. DISPOSITION BY SETTLEMENT, STIPULATION, OR CONSENT

DECISION 91

2. INCARCERATED OBLIGORS 92

3, COMPLIANCE WITH LAW 92

4. WAIVERS 92

CHAPTER 14 - COLLECTION OF SUPPORT DEBT GENERAL RULES 93

1. AVAILABILITY OF COLLECTION-OF-SUPPORT-DEBT

MECHANISMS TO THE DIVISION 93

NON-APPEARANCE BY A PARENT 90

CHAPTER 13 - DISPOSITION OF PROCEEDINGS BY SETTLEMENT, STIPULATION

OR CONSENT DECISION; WAIVERS 91

1. DISPOSITION BY SETTLEMENT, STIPULATION, OR CONSENT

DECISION 91

2. INCARCERATED OBLIGORS 92

3, COMPLIANCE WITH LAW 92

4. WAIVERS 92

CHAPTER 14 - COLLECTION OF SUPPORT DEBT GENERAL RULES 93

1. AVAILABILITY OF COLLECTION-OF-SUPPORT-DEBT

MECHANISMS TO THE DIVISION 93

2. EXEMPT PROPERTY 94

CHAPTER 15 - ALTERNATIVE METHOD COLLECTION-OF-SUPPORT

DEBT MECHANISMS 95

1. ASSERTION OF LIENS (19-A M.R.S. §2357) 95

2. ORDER TO WITHHOLD AND DELIVER (19-A M.R.S. §2358) 95

3. IMMEDIATE INCOME WITHHOLDING (19-A M.R.S. §2306) 96

4. ADMINISTRATIVE SEIZURE AND DISPOSITION OF

PROPERTY (19-A M.R.S. §2363) 96

5. FORECLOSURE ON LIENS (19-A M.R.S. §2364) 96

6. SETOFF OF DEBTS AGAINST LOTTERY WINNINGS

(19-A M.R.S. §2360) 97

7. CONSUMER CREDIT REPORTING 97

8. HEALTH INSURANCE COSTS 97

9. SETOFF OF DEBTS AGAINST GAMBLING WINNINGS

(8 M.R.S. §§ 300-B, 1066) 97

CHAPTER 16 - FEDERAL INCOME TAX REFUND OFFSET 99

1. IMPLEMENTATION OF FEDERAL MANDATE 99

2. THE SUBMITTAL 99

3. IDENTIFICATION OF DEBTORS 100

4. NOTIFICATION TO RESPONSIBLE PARENT 100

5. NOTIFICATION TO RESPONSIBLE PARENT'S SPOUSE 100

6. JOINT RETURNS 101

7. CHANGES SUBSEQUENT TO NOTIFICATION OF OCSE 101

8. DISTRIBUTION OF COLLECTIONS FROM FEDERAL INCOME

TAX REFUND OFFSET 115101

9. EXCESS PAYMENT 102

10. DISTRIBUTION OF NON-TANF OFFSET COLLECTIONS 102

11. DEPARTMENT'S ENTITLEMENT TO RETURN OF AND RIGHT

TO RECOVER NON-TANF OFFSET MONIES WHICH A

NON-TANF CLIENT IS NOT ENTITLED TO RETAIN 102

12. APPLICABILITY OF FORMER 19 M.R.S. §303 103

CHAPTER 17 - STATE INCOME TAX REFUND OFFSET 104

1. NOTIFICATION TO STATE TAX ASSESSOR 104

2. CHANGES SUBSEQUENT TO NOTIFICATION 104

3. REVIEW HEARING 104

4. FINALIZATION OF OFFSET 104

5. ACCOUNTING 105

6. EXCESS PAYMENT 105

7. DISTRIBUTION OF COLLECTIONS FROM STATE INCOME

TAX REFUND OFFSET 105

WHICH A

NON-TANF CLIENT IS NOT ENTITLED TO RETAIN 102

12. APPLICABILITY OF FORMER 19 M.R.S. §303 103

CHAPTER 17 - STATE INCOME TAX REFUND OFFSET 104

1. NOTIFICATION TO STATE TAX ASSESSOR 104

2. CHANGES SUBSEQUENT TO NOTIFICATION 104

3. REVIEW HEARING 104

4. FINALIZATION OF OFFSET 104

5. ACCOUNTING 105

6. EXCESS PAYMENT 105

7. DISTRIBUTION OF COLLECTIONS FROM STATE INCOME

TAX REFUND OFFSET 105

8. DEPARTMENT'S ENTITLEMENT TO RETURN OF AND

RIGHT TO RECOVER NON-TANF OFFSET MONIES WHICH A

NON-TANF CLIENT IS NOT ENTITLED TO RETAIN 105

CHAPTER 18 - UNEMPLOYMENT COMPENSATION 106

1. STATUTORY AUTHORITY 106

2. PROCEDURE 106

CHAPTER 19 - PERIODIC REVIEW AND MODIFICATION OF SUPPORT ORDERS 107

1. PURPOSE 107

2. PROVISIONS SUPPLEMENTAL 107

CHAPTER 20 - DISCLOSURE OF INFORMATION PURSUANT TO 19-A M.R.S. §2152 108

1. REQUESTS FOR INFORMATION 108

2. NOTICE TO THE RESPONSIBLE PARENT 108

3. PENALTY FOR KNOWING FAILURE TO RESPOND, KNOWING

FAILURE TO DISCLOSE, OR KNOWING REFUSAL TO DISCLOSE 108

4. LIMITATION IF ALLEGED RESPONSIBLE PARENT IS A PUTATIVE FATHER 109

5. IMMUNITY FROM LIABILITY 109

6. FACILITATION OF RESPONSES 109

7. AFFIRMATION OF RESPONSES 109

8. CONFIDENTIALITY OF INFORMATION; UNLAWFUL DISSEMINATION 109

9. ADMISSIBLE EVIDENCE 110

CHAPTER 21 - REVOCATION AND NONRENEWAL OF OCCUPATIONAL OR

RECREATIONAL LICENSES; PROCEEDINGS UNDER 19-A M.R.S. §2201 111

1. DEFINITIONS 111

2. NOTICE 112

3. PAYMENT AGREEMENT 113

4. HEARING 113

5. DECISION AFTER HEARING 113

6. JUDICIAL REVIEW 114

7. STAY 114

8. CERTIFICATION OF NONCOMPLIANCE 114

9. NOTICE FROM BOARD; FINAL DETERMINATION 114

10. STATEMENT OF COMPLIANCE 115

11. MOTION TO MODIFY OR REQUEST TO AMEND A SUPPORT ORDER 115

12. REPORTING OF LICENSEES 115

13. NOTICE; EFFECT OF NONCOMPLIANCE 116

14. SUBSEQUENT REISSUANCE, RENEWAL OR OTHER

EXTENSION OF LICENSE 117

CHAPTER 22 - REVOCATION OF MOTOR VEHICLE OPERATORS LICENSES;

PROCEEDINGS UNDER 19-A M.R.S. §2202 118

1. DEFINITIONS 118

2. NOTICE 118

3. PAYMENT AGREEMENT 119

4. HEARING 119

5. DECISION AFTER HEARING 120

ION TO MODIFY OR REQUEST TO AMEND A SUPPORT ORDER 115

12. REPORTING OF LICENSEES 115

13. NOTICE; EFFECT OF NONCOMPLIANCE 116

14. SUBSEQUENT REISSUANCE, RENEWAL OR OTHER

EXTENSION OF LICENSE 117

CHAPTER 22 - REVOCATION OF MOTOR VEHICLE OPERATORS LICENSES;

PROCEEDINGS UNDER 19-A M.R.S. §2202 118

1. DEFINITIONS 118

2. NOTICE 118

3. PAYMENT AGREEMENT 119

4. HEARING 119

5. DECISION AFTER HEARING 120

6. JUDICIAL REVIEW 120

7. STAY 120

8. CERTIFICATION OF NONCOMPLIANCE 120

9. STATEMENT OF COMPLIANCE; CLAIMS OF SPECIAL NEEDS 121

10. MOTION TO MODIFY COURT ORDER; REQUEST TO AMEND

ADMINISTRATIVE DECISION 121

CHAPTER 23 - EMPLOYER REPORTING 122

1. DUTY TO REPORT 122

2. METHOD OF REPORT 123

3. TIMING / CONTENT OF REPORT 123

4. INDEPENDENT CONTRACTORS 123

5. ENFORCEMENT; PENALTIES 132

6. USE OF NEW HIRE INFORMATION 123

7. ACCESS TO INFORMATION 124

CHAPTER 24 – NATIONAL MEDICAL SUPPORT NOTICE 125

1. NATIONAL MEDICAL SUPPORT NOTICE 125

2. MISTAKE OF FACT; AFFIRMATIVE DEFENSES 125

CHAPTER 25 - SECURING AND ENFORCING MEDICAL SUPPORT 126

1. DEFINITIONS 126

2. DUTY OF DEPARTMENT 126

CHAPTER 26 - CONFIDENTIALITY 128

1. CONFIDENTIAL INFORMATION 128

2. INDEPENDENT VERIFICATION 128

3. SCOPE 128

4. GENERAL RULE 128

5. AUTHORIZED DISCLOSURES 128

6. PROHIBITION OF RELEASE OF INFORMATION WHEN

THERE IS EVIDENCE OF DOMESTIC VIOLENCE 129

7. SECURITY AND CONFIDENTIALITY OF COMPUTERIZED

SUPPORT ENFORCEMENT SYSTEM 129

8. CONFIDENTIALITY OF INFORMATION OBTAINED THROUGH THE

STATE OR FEDERAL PARENT LOCATOR SERVICE 130

9. PENALTIES FOR UNAUTHORIZED ACCESS, DISCLOSURE OR

USE OF CONFIDENTIAL INFORMATION 130

CHAPTER 27 – PROVISION OF SERVICES IN INTERGOVERNMENTAL CASES 131

1. DEFINITIONS 131

2. PROVISION OF SERVICES IN INTERGOVERNMENTAL IV-D CASES 131

3. GENERAL RESPONSIBILITIES 132

4. GENERAL REGISTRY 133

5. INITIATING STATE IV-D AGENCY RESPONSIBILITIES 134

6. RESPONDING STATE IV-D AGENCY RESPONSIBILITIES 135

7. PAYMENT AND RECOVERY OF COSTS IN INTERGOVERNMENTAL

IV-D CASES 137

Recent Filing History 138

CHAPTER 1 - PRELIMINARY STATEMENT

NTERGOVERNMENTAL CASES 131

1. DEFINITIONS 131

2. PROVISION OF SERVICES IN INTERGOVERNMENTAL IV-D CASES 131

3. GENERAL RESPONSIBILITIES 132

4. GENERAL REGISTRY 133

5. INITIATING STATE IV-D AGENCY RESPONSIBILITIES 134

6. RESPONDING STATE IV-D AGENCY RESPONSIBILITIES 135

7. PAYMENT AND RECOVERY OF COSTS IN INTERGOVERNMENTAL

IV-D CASES 137

Recent Filing History 138

CHAPTER 1 - PRELIMINARY STATEMENT

1. AUTHORITY AND INTENTION TO ESTABLISH RULES

In accordance with and pursuant to the authority conferred by 22 M.R.S. §42(1), the Maine Administrative Procedure Act and 19-A M.R.S. §2251 et seq., the Maine Department of Health and Human Services herewith establishes its rules with respect to the activities of the Division of Support Enforcement.

2. TITLE OF RULES

These rules may be referred to and cited as the "Maine Child Support Enforcement Manual,” the "Support Enforcement Manual,” or the "Manual.”

3. PRELIMINARY STATEMENT AS INTEGRAL PART OF MANUAL

This chapter is an integral part of the Manual.

4. MANUAL BINDING ON DEPARTMENTAL EMPLOYEES

The Manual is binding on all employees of the Department.

5. PURPOSES OF ESTABLISHMENT OF RULES

These rules are promulgated for the following purposes:

A. To implement Federal statutes, regulations and action transmittals of the Office of Child Support Enforcement (OCSE), U.S. Department of Health and Human Services, that are applicable to the activities of the Division of Support Enforcement.

B. To implement the Statutes of the State of , inclusive of the Maine Rules of Civil Procedure, and the Maine Administrative Procedure Act, to the extent they are applicable to the activities of the Division.

C. To establish rules of practice governing the conduct of adjudicatory proceedings of the Division, in accordance with and as authorized by the Maine Administrative Procedure Act (5 M.R.S. §8051).

D. To establish the Department's rules for its employees who are engaged in any of the activities to which the Manual is applicable.

o the extent they are applicable to the activities of the Division.

C. To establish rules of practice governing the conduct of adjudicatory proceedings of the Division, in accordance with and as authorized by the Maine Administrative Procedure Act (5 M.R.S. §8051).

D. To establish the Department's rules for its employees who are engaged in any of the activities to which the Manual is applicable.

6. DISCLAIMER OF WAIVER

The absence of a reference herein to a power of or a remedy available to the Division by virtue of any federal or State statute, regulation or rule, or to a support-establishment/enforcement/ collection procedure or mechanism permitted under federal or State law, regulation or rule, or under OCSE action transmittals, shall not operate as a waiver of any such power or of the use of any such remedy, procedure, or mechanism.

7. ORGANIZATION OF RULES

The rules are organized by chapters, which are divided into sections. Sections are broken down into sub-sections; sub-sections, into paragraphs; and paragraphs, into sub-paragraphs. Chapters are numbered by Arabic numerals beginning with "1,” as are sections. Sub-sections are lettered with capital letters, beginning with "A.” Paragraphs are numbered with Arabic numbers beginning with "1.” Sub-paragraphs are lettered with lower-case letters, beginning with "a.” (See "Citation of Rules,” below.)

8. CITATION OF RULES

ith "1.” Sub-paragraphs are lettered with lower-case letters, beginning with "a.” (See "Citation of Rules,” below.)

8. CITATION OF RULES

In a full citation, the Arabic numeral designating a chapter precedes a decimal. The Arabic number following the decimal designates the section. Sub-section, paragraph and sub-paragraph indicators follow, each enclosed in parentheses or brackets, as appropriate. For example, the citation for "Chapter 7, Section 4, Sub-section G, Paragraph 2, Sub-paragraph d" would normally be"7.4(G)(2)(d).” If, however, the whole citation is enclosed by parentheses, the citation would be, e.g., as follows: "(But see 7.4[G][2][d])." A full citation to the Manual is always followed by the Manual page on which the cited material appears, e.g., "7.4(G)(2)(d), p.30.” The page reference also confirms that what precedes it is a citation to the Manual and not to a federal/State statute, State Rule of Practice, or rule of another State agency. Whenever, because of the proximity of the material cited (or if on any other basis it has been concluded that a full citation is not necessary to achieve a clear reference), the component is cited by itself, e.g.: "Sub-§A, above." A page reference in/following a citation is always a reference to a page in this Manual.

9. GENDER NEUTRALITY

Gender-specific terms relating to the marital relationship or familial relationships must be construed to be gender-neutral throughout this 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 to Families with Dependent Children.

Alternative Method of Support Enforcement (“Alternative Method”): Title 19-A, Article 3, of the Maine Revised Statutes (19-A M.R.S. §§ 2251-2453)

ngs:

AFDC: Aid to Families with Dependent Children.

Alternative Method of Support Enforcement (“Alternative Method”): Title 19-A, Article 3, of the Maine Revised Statutes (19-A M.R.S. §§ 2251-2453).

Amendment Hearing: A hearing to determine whether to modify an administrative decision prospectively to change either or both the amount of a current child support obligation and/or health insurance obligation.

Appeal Hearing: A hearing on the merits of the Division's action.

Applicant: An individual, state, political subdivision or instrumentality of a state, that seeks support enforcement services from the Department.

Arrears: A delinquency pursuant to an obligation determined under a court order, or an order of an administrative process established under State law, for support and maintenance of a child, which is owed to or on behalf of the child, or for the non-custodial parent’s spouse (or former spouse) with whom the child is living, but only if a support obligation has been established with respect to the spouse, and the support obligation established with respect to the child is being enforced by the Department. May also be referred to as Overdue Support.

Assignment: Any assignment of rights to support required under 42 U.S.C. §654(5)(A) (TANF), or 42 U.S.C. §671(a)(17) (Foster Care), or any assignment of rights to medical support and to payment for medical care from any third party as required under 42 C.F.R. §433.146 (Medicaid).

Assigned Support Obligation: Any support obligation which has been assigned to the State as required under 42 U.S.C. §654(5)(A) (TANF), or 42 U.S.C. §671(a)(17) (Foster Care), or any medical support obligation or payment for medical care from any third party which has been assigned to the State as required under 42 C.F.R. §433.146 (Medicaid)

d party as required under 42 C.F.R. §433.146 (Medicaid).

Assisted Reproduction: A method of causing pregnancy other than sexual intercourse. After July 1, 2016, See 19-A M.R.S. §1832(3).

Child Support Debt Due the Department: The debt referred to by 19-A M.R.S. §2301, which 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 pursuant to 19-A M.R.S. §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: Any and every means by which a child support debt can be collected (See 14.1[A])

Compliance with a Support Order: The support obligor is no more than 60 days past-due 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

e 14.1[A])

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, jurisdiction, territory or possession of the United States, the District of Columbia and the Commonwealth of Puerto Rico, or foreign government with which Maine has a reciprocal agreement, including an order in a final decree of divorce and an order established under URESA, RURESA or UIFSA.

Court of Proper Jurisdiction: The court that issued the original court order of support or in which the support order has been registered.

Current Support: Current support is money that a tribunal orders a non-custodial parent or other obligor to pay periodically to the custodial parent or other obligee to help pay the living expenses of the obligee’s family. Current support may include child support, accompanying spousal support and/or medical support. If not paid on the date due, current support becomes an enforceable debt.

Custodial Parent: An individual who is the dependent child's legal primary residential care provider. May be abbreviated in this manual as “CP.”

Debt Accrued or Accruing: As referred to in 19-A M.R.S. §2352, the ability of the Department to enforce the child support debt continually accruing following the successful service of the Notice of Debt, as well as and in addition to debt accrued as stated on the face of the Notice. Each accrual becomes a judgment due and payable at the time the accrual occurs

e abbreviated in this manual as “CP.”

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 19-A M.R.S. §2451.

De Facto Parent: After July 1, 2016, a person adjudicated to be a parent by meeting the criteria found in 19-A M.R.S. §1891. Adjudication as a de facto parent establishes parentage, and the court may concurrently or subsequently determine parental rights and responsibilities and financial support obligations.

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 Health and Human Services.

Division: The Division of Support Enforcement and Recovery, Office for Family Independence, Maine Department of Health and Human Services.

Donor: A person who contributes a gamete or gametes or an embryo or embryos to another person for assisted reproduction or gestation.

Gamete: A cell containing a haploid complement of deoxyribonucleic acid that has the potential to form an embryo when combined with another gamete.

Genetic Parent: A person whom genetic testing results disclose as having at least a 99% probability of paternity/maternity, using a prior probability of .50, as calculated by using the paternity/maternity index obtained in the testing, and a paternity/maternity index of at least 100 to 1

complement of deoxyribonucleic acid that has the potential to form an embryo when combined with another gamete.

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 19-A M.R.S. §2451.

His: His or Her

Liquidated Debt: A support obligation 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 (19-A M.R.S. §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.

Marriage: The legally recognized union of two people. Gender-specific terms relating to the marital relationship or familial relationships are construed to be gender-neutral

ent 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.

Marriage: The legally recognized union of two people. Gender-specific terms relating to the marital relationship or familial relationships are construed to be gender-neutral.

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 an obligation to provide and maintain health insurance coverage, including, if necessary, obtaining public health care coverage, for the medical, hospital, and dental expenses of a dependent child.

Non-Custodial Parent: The parent who is not the child’s primary residential care provider. This is most often the parent from 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. May be abbreviated in this manual as “NCP.”

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. Sometimes referred to as a “Non-Welfare Client.”

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 Debt: Informs the responsible parent of debt accrued or accruing under an order of support, subject to the requirements of 19-A M.R.S. §2352

”

Notice of Debt: Informs the responsible parent of debt accrued or accruing under an order of support, subject to the requirements of 19-A M.R.S. §2352.

Notice of Hearing: Informs parties of a hearing to establish or modify a child support obligation, establish a debt for past support, including medical expenses, and/or to establish an obligation to provide health insurance. See 19-A M.R.S. §2304.

Notice of Review Hearing: Informs parties of a hearing regarding an appeal of agency action. See 19-A M.R.S. §2451.

Obligee: Any person to whom a duty of support is owed.

Obligor: Any person owing a duty of support. May also be referred to in context as the “Responsible Parent.”

OCSE: Office of Child Support Enforcement, U.S. Department of Health and Human Services.

OFI: The Office for Family Independence, Maine Department of Health and Human Services.

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.

Overdue Support: See Arrears.

Parent: After July 1, 2016, a person who has established a parent-child relationship with a child under Title 19-A, Ch. 61, or, in the absence of such a person, the legal guardian of the child.

Parentage: After July 1, 2016, the legal relationship between a child and a parent as established under Title 19-A, Ch. 61.

Past-due Support: The amount of support determined under a court order or an order of an administrative process established under State law for support and maintenance of a child, or of a child and the parent with whom the child is living, which has not been paid

f the child.

Parentage: After July 1, 2016, the legal relationship between a child and a parent as established under Title 19-A, Ch. 61.

Paternity Proceeding: A proceeding initiated by the Division, seeking an order of relief pursuant to 19-A M.R.S. §1606. This proceeding seeks to establish paternity and support obligations.

Payee: In the context of collection and distribution of support payments, the person designated by a Court or administrative process to receive child support payments. Such persons may include, but are not limited to, the custodial parent, legal guardian, caretaker relative having custody of or responsibility for the child or children, conservator representing the custodial parent and child directly with a legal and fiduciary duty, or alternate caretaker designated in a record by the custodial parent.

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 to the obligor and his or her spouse, if applicable, that past-due child support may be obtained from state tax refunds pursuant to 36 M.R.S. §5276-A, or from federal tax refunds pursuant to 45 C.F.R. §§ 302.60 and 303.72.

Presumed Parent: A person who, after July 1, 2016 and pursuant to 19-A M.R.S. §1881, is recognized as the parent of the child

y of the State.

Presumed Parent: A person who, after July 1, 2016 and pursuant to 19-A M.R.S. §1881, is recognized as the parent of the child.

Proceeding(s): An administrative or judicial hearing, review or other action.

Public Assistance: Money payments and medical care furnished to or on behalf of dependent children by the State, including Medicaid, TANF and state supplemental income benefits provided under 22 M.R.S. §3271.

Qualified medical expenses: Necessary medical expenses incurred for care provided to a dependent child, and/or for birth related expenses, which have been paid by the obligee, the Department, or another payor of public assistance, and for which the obligee, the Department, or other payor of public assistance was not reimbursed by the obligor or his or her insurer, the child's(ren's) insurer or the obligee's insurer.

Recipient: Unless otherwise defined or given another meaning by its context, a recipient of TANF, Medicaid or Foster Care payments.

Record: Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

Responsible parent: The natural, legal or adoptive parent of a dependent child. In context, the parent responsible for paying a child support obligation (See “Obligor,” this Chapter).

Review Affidavit: An affirmation, signed under oath, served upon the other party along with a request for administrative review, stating the grounds upon which the request is based. 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. See 19-A M.R.S. §2451.

RURESA: Revised Uniform Reciprocal Enforcement of Support Act

mation, signed under oath, served upon the other party along with a request for administrative review, stating the grounds upon which the request is based. 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. See 19-A M.R.S. §2451.

RURESA: Revised Uniform Reciprocal Enforcement of Support Act.

Service by Mail: Whenever service of an administrative decision is permitted by United States Postal Service 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.

Sign: To authenticate or adopt a record by executing or adopting a tangible symbol, such as a hand-written signature, or to attach to or logically associate with the record an electronic symbol, sound or process.

Social Security Disability Insurance (SSDI): A benefit under Title II of the Social Security Act paid to individuals who can no longer work because of a medical condition that is expected to last at least one (1) year or may result in death. SSDI is funded by and based upon the worker’s income tax contributions to the Social Security Trust Fund.

Social Security Retirement (SSR): A benefit under Title II of the Social Security Act paid to eligible, retired workers as early as age 62 and is funded primarily by employment taxes.

State: The State of Maine.

Subsequent Debt: Debts accrued or accruing which were not included in a previous Notice of Debt. In the case of an ongoing support debt, the debt continues to accrue after the liquidation by the Notice of Debt. Any subsequent debt is continually added to the original adjudication to determine the total amount accrued and accruing. The absence of subsequent Notices of Debt does not invalidate the ongoing debt accrued and accruing since the original Notice of Debt was liquidated, even when/if the order is later modified or reduced to zero

ebt continues to accrue after the liquidation by the Notice of Debt. Any subsequent debt is continually added to the original adjudication to determine the total amount accrued and accruing. The absence of subsequent Notices of Debt does not invalidate the ongoing debt accrued and accruing since the original Notice of Debt was liquidated, even when/if the order is later modified or reduced to zero.

Supplemental Security Income (SSI): A benefit under Title XVI of the Social Security Act that is awarded to individuals with low income and limited resources who are 65 or older, blind, or disabled. SSI benefits are also available to disabled children whose income and resources fall within the eligibility requirements. SSI is a form of public assistance, funded by general tax revenues, intended to protect the recipient from poverty.

Support guidelines: The child support table and the criteria for application of the table established by the Department pursuant to 19-A M.R.S. §2011.

Support Obligation: The amount due an obligee or payor of public assistance for child and/or spousal 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: 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

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: An agency authorized to provide child support enforcement services under Title IV-D of the Social Security Act.

Title IV-E Agency or IV-E Agency: An agency authorized to provide foster care and adoption services under Title IV-E of the Social Security Act.

UIFSA: The Uniform Interstate Family Support Act, (a) wherever in force, and (b) as embodied in 19-A M.R.S. §§ 2801-3401.

URESA: The Revised Uniform Reciprocal Enforcement of Support Act, (a) wherever in force, and (b) as embodied in former 19 M.R.S. §§ 331-420.

CHAPTER 3- SUPPORT ENFORCEMENT SERVICES

1. DUTY TO PROVIDE SUPPORT ENFORCEMENT SERVICES

Upon referral or application, the Division of Support Enforcement shall provide support enforcement services for all children who are owed a duty of financial support from their parent(s), regardless of their place of residence, circumstances, and whether 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.

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;

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.

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 support and accompanying spousal support obligations;

4. Establishing paternity of children;

5. Any other activities pertinent to the establishment, enforcement and collection of child support obligations; and

6. 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/residency disputes;

4. Enforcement of property settlements;

5. Spousal support-only services;

6. Locating parents for purposes other than the establishment and/or enforcement of child support obligations.

3. REFERRAL FOR SUPPORT ENFORCEMENT SERVICES

Cases may be referred to the Division by the IV-A agency, IV-E agency, or Medicaid agency of this State, a IV-D agency of another state, a Tribal IV-D agency, or a child support agency of another country (as defined in Chapter 27 of this Manual).

Pursuant to 19-A M.R.S. §2369, the receipt of public assistance for a child constitutes an assignment by the recipient to the department of all rights to support for the child and spousal support that accrue during the period that the recipient receives public assistance for the child.

Good Cause (Maine Cases Only)

If the IV-A agency, IV-E agency or Medicaid agency finds good cause not to refer a case to the Division, the case is not referred

public assistance for a child constitutes an assignment by the recipient to the department of all rights to support for the child and spousal support that accrue during the period that the recipient receives public assistance for the child.

Good Cause (Maine Cases Only)

If the IV-A agency, IV-E agency or Medicaid agency finds good cause not to refer a case to the Division, the case is not referred. If good cause is granted after a referral has been made, the Division shall close the referral and end all further activity. Good cause is generally granted when the non-custodial party has perpetrated or threatened physical or psychological violence against the custodial party or the child, and the establishment or enforcement of child support could pose a threat to the family’s well-being.

4. APPLICATION FOR SUPPORT ENFORCEMENT SERVICES

A. Availability

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 an 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.

C. Application Fees

There shall be an application fee of one dollar ($1.00). 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 party in advance or may be deducted from monthly collections.

The Department may waive collection of all or part of the aforementioned fees or costs.

y 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 party in advance or may be deducted from monthly collections.

The Department may waive collection of all or part of the aforementioned fees or costs.

5. CONTINUATION OF IV-D SERVICES FOR FORMER TANF, IV-E FOSTER CARE, AND NON-TANF MEDICAID RECIPIENTS

The Division shall continue providing IV-D services for an individual who was receiving assistance under the TANF, IV-E Foster Care, and Medicaid programs, but is no longer eligible for those 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 she or he wants the Division to discontinue services, the request must be in writing.

6. CASE CLOSURE

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:

1. There is no longer a current support order and arrearages are under $500 or unenforceable under State law;

2. The noncustodial parent or putative father is deceased and no further action, including a levy against the estate, can be taken;

3. Paternity cannot be established because:

The child is at least 18 years old and action to establish paternity is barred by a statute of limitations which meets the requirements of 45 C.F.R. §302.70(a)(5);

A genetic test or a court or administrative process has excluded the putative father and no other putative father can be identified;

In accordance with 45 C.F.R

ainst the estate, can be taken;

3. Paternity cannot be established because:

The child is at least 18 years old and action to establish paternity is barred by a statute of limitations which meets the requirements of 45 C.F.R. §302.70(a)(5);

A genetic test or a court or administrative process has excluded the putative father and no other putative father can be identified;

In accordance with 45 C.F.R. §303.5(b), 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 rape, or in any case where legal proceedings for adoption are pending; or

(iv) 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 recipient of services.

4. The noncustodial parent’s location is unknown, and the Division has made diligent efforts using multiple sources, in accordance with 45 C.F.R. §303.3, all of which have been unsuccessful, to locate the noncustodial parent:

(i) Over a three-year period when there is sufficient information to initiate an automated locate effort, or

(ii) Over a one-year period when there is not sufficient information to Initiate an automated locate effort.

5. The noncustodial 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 noncustodial parent which could be levied or attached for support.

6. The noncustodial 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 , and has no reachable domestic income or assets; and the Division has been unable to establish reciprocity with the country;

income or assets are available to the noncustodial parent which could be levied or attached for support.

7. The Division has provided location-only services as requested under 45 C.F.R. §302.35(c)(3);

8. The non-IV-A recipient of services requests closure of a case and there is no assignment to the State of medical support under 42 C.F.R. 433.146 or of arrearages which accrued under a support order;

9. There has been a finding by the responsible State agency of good cause or other exceptions to cooperation with the Division and the State or local IV-A, IV-D, IV-E, Medicaid or food stamp agency has determined that support enforcement may not proceed without risk of harm to the child or caretaker relative;

10. In a non-IV-A case receiving services under 45 C.F.R. §302.33(a)(1) (i) or (iii) [non-welfare applicant or former public assistance recipient], or under 45 C.F.R. §302.33(a)(1)(ii) [medical-only recipient] when cooperation with the Division is not required of the recipient of services, the Division is unable to contact the recipient of services within a 60 calendar day period despite an attempt of at least one letter sent by first class mail to the last known address;

11. In a non-IV-A case receiving services under 45 C.F.R. §302.33(a)(1) (i) or (iii) [non-welfare applicant or former public assistance recipient], or under 45 C.F.R. §302.33(a)(1)(ii) [medical-only recipient] when cooperation with the Division is not required of the recipient of services, the Division documents the circumstances of the recipient of services’ noncooperation and an action by the recipient of services is essential for the next step in providing IV-D services;

ii) [non-welfare applicant or former public assistance recipient], or under 45 C.F.R. §302.33(a)(1)(ii) [medical-only recipient] when cooperation with the Division is not required of the recipient of services, the Division documents the circumstances of the recipient of services’ noncooperation and an action by the recipient of services is essential for the next step in providing IV-D services;

12. When the Division is the responding agency in an intergovernmental case, the Division documents failure by the initiating agency to take an action which is essential for the next step in providing services;

13. When the Division is the responding agency in an intergovernmental case, the initiating agency has notified the Division that the initiating State has closed its case under 45 C.F.R. §303.7(c)(11); or

14. When the Division is the responding agency in an intergovernmental case, the initiating agency has notified the Division that its intergovernmental services are no longer needed.

B. In cases meeting the criteria in paragraphs (A)(1) through (6) and (10) through (12) of this section, the Division must notify the recipient of services, or in an intergovernmental case meeting the criteria for closure under (A)(12), the initiating agency, in writing 60 calendar days prior to closure of the case of the Division’s intent to close the case. The case must be kept open if the recipient of services or the initiating agency 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 (A)(10) of this section, if contact is reestablished with the recipient of services. If the case is closed, the former recipient of services may request 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 by completing a new application for IV–D services and paying any applicable application fee.

if contact is reestablished with the recipient of services. If the case is closed, the former recipient of services may request 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 by completing a new application for IV–D services and paying any applicable application fee.

C. The Division must retain all records for cases closed pursuant to this section for a minimum of three years, in accordance with 45 C.F.R. part 74.

7. DISTRIBUTION AND TRANSMITTAL OF SUPPORT COLLECTIONS IN NON-TANF CASES

A. Distribution of collections other than those from federal income tax refund offset:

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

2. 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. Collected arrears owed by the same obligor on multiple cases will be applied to each case on a pro-rata basis.

3. 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.

manently assigned by the client. The Department will not reimburse more than the amount of public assistance expended. Collected arrears owed by the same obligor on multiple cases will be applied to each case on a pro-rata basis.

3. 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.

B. 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.

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

8. 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 client but to which the client is not entitled. If the client fails to comply with a demand in writing by the Department for the return of the monies he or she improperly received, the Department may proceed by all allowable means to recover the monies from the client.

CHAPTER 4 - FEES

1. EMPLOYER FEES

The Department is authorized under 19-A M.R.S.A. §§ 2370 & 2663 to adopt a fee that employers and other payors of income may charge a responsible parent for the cost of complying with the State's income withholding laws. The fee that employers may charge and deduct from the responsible parent's wages is $2 per transaction.

2. FEES AND COSTS CHARGED BY THE DEPARTMENT

The Department's fee to the obligor for providing support enforcement services under 19-A M.R.S.A. §2103 (3) is $2 per transaction

her payors of income may charge a responsible parent for the cost of complying with the State's income withholding laws. The fee that employers may charge and deduct from the responsible parent's wages is $2 per transaction.

2. FEES AND COSTS CHARGED BY THE DEPARTMENT

The Department's fee to the obligor for providing support enforcement services under 19-A M.R.S.A. §2103 (3) is $2 per transaction. The fee shall be $2 per pay period to all obligors whose child support payments are made to the Department to reduce the Department’s costs in providing support enforcement services. The Department shall collect the fee from obligors whose child support is paid to the Department under an income withholding order by notifying the payor of income to the obligor to increase withholding by $2 per pay period. The Department or any other person is not required to issue a new or amended withholding order to collect the fee, but shall notify the obligor of the increase in withholding.

3. ANNUAL SERVICE FEE FOR OBLIGEE

In the case of an individual who has applied for child support services and never received assistance under a state program for the children in that case and for whom the State has collected at least $550 in child support in a fiscal year, the Department shall impose an annual $35 fee for each child support enforcement case. The fee shall be retained by the State from child support collected on behalf of the individual after the collected exceeds $550 and shall be deemed to be paid by the custodial parent.

The annual fee may not be considered as an administrative cost of the State for operation of child support enforcement services and must be considered income to the program under which the individual has received child support enforcement services. The non-federal share of the annual fee collected pursuant to this subsection must be deposited as General Fund undedicated revenue.

CHAPTER 5 - LIMITATION OF DEBT; BAR AGAINST COLLECTION (19-A M.R.S.A. §2302); SSI

1. LIMITATION OF DEBT

on of child support enforcement services and must be considered income to the program under which the individual has received child support enforcement services. The non-federal share of the annual fee collected pursuant to this subsection must be deposited as General Fund undedicated revenue.

CHAPTER 5 - LIMITATION OF DEBT; BAR AGAINST COLLECTION (19-A M.R.S.A. §2302); SSI

1. LIMITATION OF DEBT

A. When a responsible parent receives public assistance for the benefit of his or her natural or adopted child(ren) living in his or her home, or receives SSI for him- or herself, the responsible parent’s support obligation is automatically suspended. The automatic suspension ends, and the obligation resumes at the same level at which it was suspended, two weeks after the responsible parent stops receiving public assistance or SSI (19-A M.R.S. §2302). A debt previously incurred under 19-A M.R.S. §2301 may not be collected from a responsible parent while that parent receives public assistance or SSI, except that such a debt may be collected from nonrecurring lump sum income (as defined in 22 M.R.S. §3762(11)(A)) of a responsible parent while that parent is an assisted obligor. Lump sum income includes, but is not limited to, federal or state tax refunds, lottery winnings, inheritances, personal injury awards and workers’ compensation or other insurance settlements. Exemptions from attachment noted in 14 M.R.S. §4422(14) do not apply to child support debt.

B. The custodial parent may seek to modify the effect of §2302 by filing a petition for modification with the Court, or, if an administrative order, the Department. The Court or the administrative hearing officer may, by order after hearing, modify the effect of §2302(2).

C. As soon as practicable after the Department knows the responsible parent is receiving public assistance or SSI, the Department shall send notices to the responsible parent and the custodial parent notifying them of:

1. the responsible parent’s receipt of public assistance or SSI;

ent. The Court or the administrative hearing officer may, by order after hearing, modify the effect of §2302(2).

1. the responsible parent’s receipt of public assistance or SSI;

2. the suspension in §2302(2);

3. the custodial parent’s right to contest the suspension; and

4. the location where forms for the modification proceedings can be obtained.

Responsible parents may request a review of a child support order online at https://www.maine.gov/dhhs/ofi/programs-services/child-support-services/request-order-review . Upon request, the Department shall provide blank forms for modification of an order issued by the Department or the court. Forms for modifying an order issued by a Maine court are also available online from the Judicial Branch at https://www.courts.maine.gov/index.html .

The Department will use automated enforcement procedures to prevent garnishment or income withholding of SSI payments or a combination of SSI payments and either SSDI or SSR benefits. Within 5 business days after the Department determines that it is in possession of funds for benefits incorrectly garnished or withheld through an income withholding order, the Department will return the SSI or concurrent SSI and SSDI or SSR benefits to the non-custodial parent.

2. [Not in use]

3. PUBLIC ASSISTANCE

For purposes of this Chapter, "public assistance" means money payments and medical care furnished to or for dependent children by this state or another state as a result of an application for TANF, but not medical care only. It does not include assistance furnished by a political subdivision or municipality. A responsible parent who receives needs-based Medicaid (“MaineCare”) may be exempt under section 8(B) of this Chapter.

"public assistance" means money payments and medical care furnished to or for dependent children by this state or another state as a result of an application for TANF, but not medical care only. It does not include assistance furnished by a political subdivision or municipality. A responsible parent who receives needs-based Medicaid (“MaineCare”) may be exempt under section 8(B) of this Chapter.

4. DUTY TO INFORM

The Division's Notice of Debt must inform responsible parents about the limitation of debt, bar against collection and SSI provisions described in this chapter. A similar notice also must appear in the responsible parent's copy of the Division's Order to Withhold and Deliver form.

5. PROOF OF CLAIM

A responsible parent who claims that Section 1 of this chapter applies must provide the Division with proof of his or her receipt of public assistance or receipt of SSI. The Division shall make reasonable efforts to verify claims of receipt of public assistance or SSI.

6. TAX REFUND OFFSET

For purposes of Sections 1 and 8(B) of this chapter, a debt is not collected by tax refund intercept until the date of the IRS Notice of Offset for a federal income tax refund, or the date of offset (or setoff) by the State Tax Assessor for a state income tax refund.

7. ACTIONS ALLOWED

Notwithstanding the provisions of this chapter, when a responsible parent is in receipt of public assistance for his or her natural or adopted children living in his or her home, or receives SSI, the Division may take action that does not constitute collection, including, but not limited to, the following:

A. Proceeding under Chapter 8 of this Manual to establish or amend a child support obligation

B. Proceeding under 19-A M.R.S. §2352 to establish a responsible parent's obligation to pay past support

C. Filing a lien under 19-A M.R.S. §2357

D. Investigating and aiding in the prosecution of criminal nonsupport

E. Reporting a debt to a consumer reporting agency under 10 M.R.S. §1329

F. Establishing paternity

ng under Chapter 8 of this Manual to establish or amend a child support obligation

B. Proceeding under 19-A M.R.S. §2352 to establish a responsible parent's obligation to pay past support

C. Filing a lien under 19-A M.R.S. §2357

D. Investigating and aiding in the prosecution of criminal nonsupport

E. Reporting a debt to a consumer reporting agency under 10 M.R.S. §1329

F. Establishing paternity

G. Denying or revoking a passport.

8. REUNITED FAMILY EXEMPTIONS

A. When a responsible parent informs the Department that the parent has reunited with the former TANF recipient and the child or children for whom past-due support is owed, the amount of income withholding should not exceed 20 percent of the family earnings that exceed the federal poverty guidelines for a family of that size, unless the responsible parent requests withholding of a greater amount. Receipt of lump sum monies by the reunited family is not to be considered as part of the family earnings and is subject to collection action by the Department. Examples of lump sum monies include, but are not limited to: federal or state tax refunds, lottery winnings, inheritances, personal injury awards and workers’ compensation or other insurance settlements. This limitation applies only to debts owed to the Department.

B. The Department may not collect a child support debt from a responsible parent when the child for whom the public assistance debt is owed lives with the responsible parent, and that parent receives MaineCare for the child, so long as the MaineCare grant is needs-based. Such a debt may, however, be collected from nonrecurring lump sum income, as defined in 22 M.R.S. §3762(11)(A), of a responsible parent while that parent is an assisted obligor. The child support debt must be owed to the Department and must be for the child now residing with the responsible parent. This limitation applies only to debts owed to the Department and not to debts owed directly to an obligee.

CHAPTER 6 - CHILD SUPPORT GUIDELINES

onrecurring lump sum income, as defined in 22 M.R.S. §3762(11)(A), of a responsible parent while that parent is an assisted obligor. The child support debt must be owed to the Department and must be for the child now residing with the responsible parent. This limitation applies only to debts owed to the Department and not to debts owed directly to an obligee.

CHAPTER 6 - CHILD SUPPORT GUIDELINES

1. APPLICATION

Notwithstanding any other provisions of law, the Child Support Guidelines (19-A M.R.S., Chapter 63) apply to any court action or administrative proceeding in which a child support order is issued or modified under Maine Revised Statutes Title 18-C, section 5-204, Title 19-A or Title 22 and to any court action or administrative proceeding in which past support is awarded (19-A M.R.S. § 2002).

2. CHILD SUPPORT TABLE

The Child Support Table is established by the Department pursuant to 19-A M.R.S. §2011. A written report of the most recent quadrennial review, Review of the Maine Child Support Guidelines (2022), is available from the Department online or upon request.

CHAPTER 7 - IMPLEMENTATION OF CHILD SUPPORT GUIDELINES

1. IMPUTATION OF INCOME BASED UPON VOLUNTARY UNEMPLOYMENT OR VOLUNTARY UNDEREMPLOYMENT (19-A M.R.S.A. §2001[5][D])

The goal of the Child Support Guidelines is to establish an accurate child support order and obtain compliance with the order based upon the real circumstances of the parties and the best interests of the child. The Department may impute income where the noncustodial parent's lifestyle is inconsistent with reported earnings or income and/or where there is evidence of income or assets beyond those identified by that parent. Therefore, imputation of income pursuant to 19-A M.R.S. §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 or her effective earning capability

's lifestyle is inconsistent with reported earnings or income and/or where there is evidence of income or assets beyond those identified by that parent. Therefore, imputation of income pursuant to 19-A M.R.S. §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 or her effective earning capability. Such factors may include, but are not limited to:

prevailing work-availability conditions of 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 or her children;

training and education of the parent;

prior employment history of the parent;

actual availability of the parent for employment.

When imputing income, the Department will take into consideration the noncustodial parent's subsistence needs (as defined in Section 3, below), and ensure that the amount ordered for support is based upon available data related to the parent's actual earnings, income, assets, or other evidence of ability to pay, such as testimony that reported income or assets are not consistent with a noncustodial parent's current standard of living.

C. The Division shall have the right to assert that the responsible parent is voluntarily unemployed or voluntarily underemployed, and to present evidence to support such assertion. Evidence to support this assertion must meet the requirements and criteria of sub-sections (A) and (B), above. 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 or her to rebut the Division's evidence on this issue shall be granted.

D. A responsible parent shall have the right to assert that the custodial party is voluntarily unemployed or voluntarily underemployed, and to present evidence to support such assertion

the Division makes and presents evidence in support of such an assertion, a request by the responsible parent for a continuance to enable him or her to rebut the Division's evidence on this issue shall be granted.

D. A responsible parent shall have the right to assert that the custodial party is voluntarily unemployed or voluntarily underemployed, and to present evidence to support such assertion. Evidence to support this assertion must meet the requirements and criteria of sub-section (A) and (B), above. If the responsible parent makes and presents evidence in support of such an assertion, a request by the Division or the custodial party for a continuance to enable it to rebut the responsible parent's evidence on this issue shall be granted.

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 or her 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 (19-A M.R.S. §2006[5][C])

A. The term "federal poverty guideline" (19-A M.R.S. §2006[5][C]), for the purpose of a determination under 19-A M.R.S. §2006(5)(C), shall be deemed to refer to the federal poverty income guideline for one person for the year in which the obligation is being set.

B. “Subsistence Needs” shall be defined as the minimum basic necessities necessary to support life.

"Basic necessities," for the purpose of a determination of subsistence needs under 19-A M.R.S. §2006(5)(C), include food, clothing, shelter, fuel, electricity, non-elective medical services as recommended by a physician, prescription drugs, and telephone where it is necessary for medical reasons.

B. “Subsistence Needs” shall be defined as the minimum basic necessities necessary to support life.

D. The responsible parent has the burden of presenting evidence that his or her income is insufficient to meet work-related expenses and basic necessities. 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.

E. Subsection D. does not limit the role, authority or responsibility of a hearing officer under Regulation V(D)(1)(d) and Regulation V(D)(1)(f) of the Department's Administrative Hearings Manual.

4. DEVIATION FROM SUPPORT GUIDELINES (19-A M.R.S. §2007)

A. A party seeking deviation from the support guidelines shall have the burden of overcoming the presumption (19-A M.R.S. §2005 and §2007[1]) that the parental support obligation derived from the support guidelines is equitable and just, by providing written proposed findings showing that the application of the presumptive amount would be inequitable or unjust. To meet this burden a party must present evidence satisfying the criteria set forth in 19-A M.R.S. §2007(3). If a party presents evidence in support of a deviation, a request by the other party or the Department for a continuance to enable it to oppose the proposed deviation shall be granted.

B. Nothing in subsection A. is intended to affect the role, authority or responsibility of a hearing officer under Regulation V(D)(1)(d) and Regulation V(D)(1)(f) of the Department's Administrative Hearings Manual.

C. To meet the requirements of 19-A M.R.S. §2006(8)(F), if a finding is made under 19-A M.R.S

epartment for a continuance to enable it to oppose the proposed deviation shall be granted.

C. To meet the requirements of 19-A M.R.S. §2006(8)(F), if a finding is made under 19-A M.R.S. §2007(1), the specific rationale for the deviation 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 19-A M.R.S. §2007 shall include a statement of:

1. The amount of support that would have been required under 19-A M.R.S. §2006; and

2.. How the decision varies from the support guidelines, including:

a. the justification of how the finding serves the best interests of the child(ren); and,

b. 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.

5. FORMULATION AND ROUNDING OFF OF CHILD SUPPORT OBLIGATIONS

Every child support obligation shall be established as a weekly child support obligation per child, and set forth the total weekly support obligation of the responsible parent. Obligation amounts shall be rounded off to the nearest whole dollar, with the exception of amounts for obligors with an income falling below the federal poverty level, which shall be rounded down to the nearest dollar.

6. COMPLIANCE WITH 19-A M.R.S. §2006(8)

A. The "amount for basic support entitlements" (19-A M.R.S. §2006[8][C][1]) shall be expressed per week.

B. The "amount for child care costs" (19-A M.R.S. §2006[8][C][2]) shall be expressed as the per week cost for each child for whom they are actually paid.

C. The "amount for extraordinary medical expenses and health insurance "(19-A M.R.S

e nearest dollar.

6. COMPLIANCE WITH 19-A M.R.S. §2006(8)

A. The "amount for basic support entitlements" (19-A M.R.S. §2006[8][C][1]) shall be expressed per week.

B. The "amount for child care costs" (19-A M.R.S. §2006[8][C][2]) shall be expressed as the per week cost for each child for whom they are actually paid.

C. The "amount for extraordinary medical expenses and health insurance "(19-A M.R.S. §2006[8][C][3]) shall be expressed as the per week cost for each child for whom they are actually paid.

D. The "specific sum to be paid depending on the number of minor children remaining with the primary care provider" (19-A M.R.S. §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.

7. 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 (19-A M.R.S. §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.

CHAPTER 8 - ADMINISTRATIVE ESTABLISHMENT OF CHILD SUPPORT OBLIGATIONS

1. STATUTORY AUTHORITY

The Department is authorized to establish child support obligations administratively by 19-A M.R.S. §2304.

2. AVAILABILITY AND SCOPE OF PROCEEDING

When a Support Order has not been established by a court, 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

support obligations administratively by 19-A M.R.S. §2304.

2. AVAILABILITY AND SCOPE OF PROCEEDING

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 19-A M.R.S. §2103, or a person who is otherwise entitled to support enforcement services under federal law. The Department’s action on behalf of another state, another state's instrumentality or a person residing in another state constitutes good cause within the meaning of 5 M.R.S. §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 M.R.S. §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 19-A M.R.S. §2301(1)(A), a debt owed under 19-A M.R.S. §2103 and a debt that accrues under 19-A M.R.S. §§ 1553 and 1504.

3. COURT ORDER OF SUPPORT

"Support Order", as used in Section 2, is defined by 19-A M.R.S. §2101(13), as issued by a court. "Support Order" in this context 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 issued orders of support

§2101(13), as issued by a court. "Support Order" in this context 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 issued orders of support. The Department may not impose a support order when a court has taken jurisdiction over the case, as in that instance the matter is res judicata, and modification by another tribunal is barred.

4. NOTICE OF PROCEEDING

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

A. The names of both parents and the names of the dependent child or children;

B. 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;

C. That the responsible parent must complete and submit the Statement of Income to the Department within 30 days;

D. That the Department will calculate 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;

re 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;

E. That the Department will send to the responsible parent by regular mail a copy of the proposed support order and the Department's child support worksheet;

F. That the responsible parent may request a hearing in writing within 30 days of the date of mailing of the proposed support order;

G. That if the Department does not receive a timely request for hearing, it will issue a decision that incorporates the findings of the proposed support order and send a copy of the decision to both parents by regular mail;

H. That, after a decision is issued, the Department may enforce the decision by any lawful means, including (but not limited to) immediate income withholding, lien and foreclosure, administrative seizure and disposition, order to withhold and deliver and tax refund intercept; and

I. 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.

5. NOTICE OF PROPOSED SUPPORT ORDER

OPOSED 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 9. 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:

A. 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 8;

B. 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;

ng by regular mail at least 30 days before the date of the hearing, along with a statement of the hearing rights described in Section 8;

C. 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

D. 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 in writing within 30 days of the date of mailing of the notice described in Section 5. 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 Department shall send the responsible parent a Notice of Hearing by regular mail. The Department 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:

7. NOTICE OF HEARING

A. The responsible parent's hearing rights as described in Section 8;

B. That if the responsible parent does not appear at the hearing, the Department will issue a decision that incorporates the terms of the proposed support order;

C. 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 Division may report the responsible parent and the amount of the debt to a consumer credit reporting agency; and

D. 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 RIGHTS

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 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

of the 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 is established in accordance with the support guidelines, unless the amount of the obligation is established pursuant to 19-A M.R.S. §2007.

B. If the Department determines that health insurance coverage is available to the responsible parent at reasonable cost, the Department must establish the responsible parent’s obligation to provide health insurance coverage for the dependent child or children, effective immediately. Whether the cost of health insurance is reasonable is determined by Chapter 25(1)(D). If the Department determines that health insurance coverage is not available at a 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 a reasonable cost.

C. 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. A debt may only be established for periods in which no court Support Order exists, and may only be established for the six year period preceding service of the Notice required by Section 4.

2. 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 19-A M.R.S. §101(6)) who has provided necessary support for the child or children.

tablished for periods in which no court Support Order exists, and may only be established for the six year period preceding service of the Notice required by Section 4.

3. Individuals who receive TANF, or received AFDC, from the Department assign all support rights to the Department pursuant to 19-A M.R.S. §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, within the limitations in Paragraph 1. The Department shall distribute collections from debts for past necessary support that are assigned to the Department pursuant to 19-A M.R.S. §2401, to the extent permitted by 42 U.S.C. §657(b)(4) and 45 C.F.R. §302.51.

4. If the responsible parent has been sanctioned to repay an AFDC or TANF overpayment to the Department, the Department shall not obligate him or her to repay past necessary support for the same period covered by the overpayment.

5. 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 19-A M.R.S. §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 the amount for which the responsible parent is entitled to receive credit

responsible parent's percentage share of the total support obligation (as defined by 19-A M.R.S. §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 the amount for which the responsible parent is entitled to receive credit. In order to receive credit, the responsible parent must document that he or his insurer has paid all or part of the qualified medical expenses that comprise the total medical debt. Credit is limited to the actual amount paid.

D. 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 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. Credits: Whenever a debt for past necessary support is established, the Division shall subtract the aggregate of the credits set forth in Paragraph 1, below, to which the responsible parent has established his or her entitlement. The remainder is the responsible parent's net debt for past necessary support, which is the responsible parent's debt accrued under 19-A M.R.S. §§ 1553, 2103(6) and/or 2301, as applicable.

1. Authorized credits

y support is established, the Division shall subtract the aggregate of the credits set forth in Paragraph 1, below, to which the responsible parent has established his or her entitlement. The remainder is the responsible parent's net debt for past necessary support, which is the responsible parent's debt accrued under 19-A M.R.S. §§ 1553, 2103(6) and/or 2301, as applicable.

1. Authorized credits

a. Money received by the Department and posted against the responsible parent's obligation or debt for the period(s) for which the debt was established.

b. Verifiable money 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. 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.

c. 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. No credit is allowed after the Division has notified the responsible parent, in writing, that in order to receive credit, he or she must send support payments directly to the Division. "Utilitarian things of value," as used in this sub-paragraph, 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.

d. 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 or her.

2. Establishment of entitlement to credits

a. The burden of coming forward with evidence to establish the credits authorized by the Manual rests solely upon the responsible parent.

ble parent's portion of ownership of the residence.

d. 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 or her.

2. Establishment of entitlement to credits

a. The burden of coming forward with evidence to establish the credits authorized by the Manual rests solely upon the responsible parent.

b. In order to receive credit for money 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.

c. 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 for which a payment made by the noncustodial parent qualifies for credit is payment on/for a motor vehicle in operating condition and in the possession of the custodial parent.

d. If the responsible parent claims to have given items of value other than money to a custodial parent or the child(ren) as or in lieu of child support, he or she must provide evidence of specific items given and proof of payment for, or of market values of, the items given so that their value may be ascertained with reasonable certitude and calculated in a rational, informed manner.

al parent.

3. The responsible parent is not entitled to credit for money or items of utilitarian value given to the custodial parent after the responsible parent is notified in writing that credit will be given only for payments made directly to the Department.

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 financial 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.

HEARING DECISION

If a hearing is held, the Department shall render a decision based on the hearing record and applicable state laws and rulemaking

rovide 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.

HEARING DECISION

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, or does not timely request a hearing, the Department 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:

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;

B. That if an obligation for current support is established, an order for immediate income withholding is issued and made a part of the decision;

hed, an order for immediate income withholding is issued and made a part of the decision;

C. That 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, tax refund intercept, and any other action available. 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;

D. 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;

E. That if the responsible parent appeared at the hearing, he or she may appeal the decision within 30 days of the date of mailing of the decision by requesting an administrative review hearing.

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 receiving 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. The appeal process is set forth in Chapter 12

t support immediately after the decision is issued.

12. RIGHT TO APPEAL

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, below.

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 he or she shows good cause why he or she did not request a hearing or did not appear at a hearing and present a meritorious defense. 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 12.2(D)(2), below.

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 a hearing to determine whether to amend the decision prospectively based on a substantial change of circumstances

l 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 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 subsequent support 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 19-A M.R.S. §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.

by a court order. An administrative decision creates a support obligation for purposes of enforcement under 19-A M.R.S. §2103.

17. EFFECT

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 19-A M.R.S. §1504 and that the adoptive parent is a responsible parent within the meaning of 19-A M.R.S. §§ 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. DE FACTO PARENTAGE

After July 1, 2016, a court order adjudicating de facto parent status under 19-A M.R.S. §1891 is a sufficient basis upon which to conclude that the de facto parent owes a duty of support to the child pursuant to 19-A M.R.S. §1891(4)(B), and is a responsible parent within the meaning of 19-A M.R.S. §§ 2101(12), 2301 and 2304 as of the effective date of the order. Adjudication of a person as a de facto parent does not disestablish the parentage of any other parent, nor lessen or negate any duty of support or support obligation owed by any other person to the child(ren).

20. 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 19-A M.R.S. §1504 and is a responsible parent within the meaning of 19-A M.R.S. §§ 2301 and 2304:

0. CHILDREN CONCEIVED AND BORN OUT-OF-WEDLOCK

A. An original or duplicate original acknowledgment of paternity or similar document whereby the alleged responsible parent acknowledged the paternity of the child.

B. 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.

C. 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.

D. An original or duplicate original document whereby the alleged responsible parent consented to the entry of his name on the child's birth certificate.

E. 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.

F. An original or duplicate original certificate or affidavit of legitimation executed by the alleged responsible parent.

G. 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.

ere the original or duplicate original document is filed or recorded.

F. An original or duplicate original certificate or affidavit of legitimation executed by the alleged responsible parent.

H. 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.

I. 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.

J. After July 1, 2016, evidence leading to a finding that the alleged responsible parent resided in the same household with the child and openly held out the child as his or her own from the time the child was born or adopted and for a period of at least two years thereafter, and assumed personal, financial or custodial responsibilities for the child

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.

21. 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) money 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 payment of or in lieu of child support

aid 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 payment of 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.

22. 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.

23. COURT ACTION OPTIONAL

The Division, through the Office of the 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.

24. 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

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.

24. 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 to foster care, or at a subsequent court review of the commitment. If appropriate, DSER will establish a child support obligation through the administrative process.

25. IMMEDIATE WITHHOLDING OF EARNINGS PURSUANT TO 19-A M.R.S. §2306

A. A finding of "good cause not to require immediate withholding" under 19-A M.R.S. §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.

B. In a proceeding in which the custodial parent is a TANF recipient, "A written agreement between the parties" (19-A M.R.S. §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.

pport enforcement case.

C. In a proceeding in which the custodial parent is a non-TANF client of the Department or another title IV-D agency, "A written agreement between the parties" 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 party 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.

CHAPTER 9 – EXPEDITED PROCESS FOR THE COMMENCEMENT OF PATERNITY ACTIONS

1. COMMENCEMENT OF A LEGAL ACTION

A. The Division may commence a legal action to adjudicate paternity pursuant to 19-A M.R.S. §§ 1601 et seq., by serving an alleged father subject to its jurisdiction with a Notice of Paternity Proceeding. The Division shall not serve an alleged father unless it receives an affirmation from the mother of the child(ren) that states:

1. She engaged in sexual intercourse with the alleged father at a possible time of conception of the child(ren);

2. The child(ren) was (were) born or may have been conceived when she was legally married to the alleged father; or

3. After July 1, 2016, that the alleged father resided in the same household with the child and openly held out the child as his own from the time the child was born or adopted, and for a period of at least two years thereafter, and assumed personal, financial or custodial responsibilities for the child.

If the mother of the child(ren) is a minor, the affirmation may be that of the guardian or next friend of the mother.

at the alleged father resided in the same household with the child and openly held out the child as his own from the time the child was born or adopted, and for a period of at least two years thereafter, and assumed personal, financial or custodial responsibilities for the child.

If the mother of the child(ren) is a minor, the affirmation may be that of the guardian or next friend of the mother.

B. The Division may commence a single action to determine the paternity of more than one child if it receives an affirmation that names more than one child.

C. The Division may proceed simultaneously or successively against more than one alleged father if it receives more than one affirmation concerning the paternity of the same child(ren). The Division need not proceed against each alleged father.

D. A Notice of Paternity Proceeding is not subject to administrative review. Legal defenses of an alleged father may only be asserted in a court of proper jurisdiction, and only if the Division files a record of a proceeding in a court as a paternity proceeding because an alleged father:

1. Refuses to submit to genetic testing; or

2. Fails to execute and deliver to the Division an acknowledgment of paternity within 15 days after receiving the results of genetic testing which do not exclude him as the father of the child(ren).

2. METHOD OF SERVICE

An authorized representative of the Department or a person authorized by the Maine Rules of Civil Procedure may serve a Notice of Paternity Proceeding. The notice must be served in hand.

3. WRITTEN DENIAL OF PATERNITY

An alleged father who has been served a Notice of Paternity Proceeding may file a written denial of the allegation of paternity by delivering it to the Division in person or by mail within 20 days after service of the notice. If the Division does not receive a written denial of paternity or an acknowledgment of paternity within 20 days after service of a Notice of Paternity Proceeding, it may file a record of the proceeding in a court as a paternity proceeding.

ing may file a written denial of the allegation of paternity by delivering it to the Division in person or by mail within 20 days after service of the notice. If the Division does not receive a written denial of paternity or an acknowledgment of paternity within 20 days after service of a Notice of Paternity Proceeding, it may file a record of the proceeding in a court as a paternity proceeding.

4. ACKNOWLEDGMENT OF PATERNITY

An alleged father may execute and deliver to the Division an acknowledgment of paternity prior to a record of a paternity proceeding being filed in a court. If the Division receives an acknowledgment of paternity prior to filing a record of a proceeding in a court, it must terminate the proceeding and proceed against the father pursuant to Chapter 8 of the Manual. An acknowledgment of paternity must be executed in accordance with the laws of the state in which the child(ren) was (were) born.

5. GENETIC TESTING

A. After July 1, 2016, the method and process for genetic testing shall be governed by 19-A M.R.S. Chapter 61, Subchapter 6.

An alleged father who files a written denial of paternity within 20 days after service of a Notice of Paternity Proceeding must submit to genetic testing. If an alleged father refuses to submit to genetic testing, the Division may file a record of the proceeding in a court as a paternity proceeding.

C. If the Division receives a written denial of paternity within 20 days after service of a Notice of Paternity Proceeding, it shall schedule genetic testing of the alleged father, the mother, and the child(ren). The Division shall notify the parties by ordinary mail of the date, time, and place of testing, which may be scheduled no earlier than 15 days after the mailing of the Notice, unless by agreement of all interested parties. Notices must be sent to the last known addresses of the parties.

Paternity Proceeding, it shall schedule genetic testing of the alleged father, the mother, and the child(ren). The Division shall notify the parties by ordinary mail of the date, time, and place of testing, which may be scheduled no earlier than 15 days after the mailing of the Notice, unless by agreement of all interested parties. Notices must be sent to the last known addresses of the parties.

D. If the expert examiner requests that additional samples be obtained from the alleged father, the Division shall notify the alleged father by ordinary mail of the date, time, and place that additional samples will be collected. The collection of additional samples may be scheduled no earlier than 15 days after the mailing of the notice to the alleged father. The Notice must inform the alleged father that failure to provide additional samples constitutes a refusal to submit to genetic testing. The Notice must be sent to the alleged father's last known address.

E. The Division shall send a Notice to reschedule genetic testing to an alleged father who does not appear for scheduled testing. The Notice shall state that if the alleged father does not, within 15 days of the mailing to him of the Notice, request that the Division reschedule testing, his failure to appear constitutes a refusal to submit to genetic testing. If the alleged father requests rescheduling within the time stated, the Division shall reschedule the tests. Rescheduled tests may not be conducted earlier than 15 days after the mailing of the notice to reschedule, except by agreement of all interested parties. The Notice must also state that if the alleged father fails to submit to the rescheduled tests, the failure to submit constitutes a refusal to submit to genetic testing. The Notice shall be sent to the last known address of the alleged father by ordinary mail.

s may not be conducted earlier than 15 days after the mailing of the notice to reschedule, except by agreement of all interested parties. The Notice must also state that if the alleged father fails to submit to the rescheduled tests, the failure to submit constitutes a refusal to submit to genetic testing. The Notice shall be sent to the last known address of the alleged father by ordinary mail.

F. If genetic test results show that an alleged father is or may be the genetic father of the child(ren), he must deliver an acknowledgement of paternity to the Division within 15 days after the mailing to him of the test results, or the Division may file a record of the proceeding in a court as a paternity proceeding. The acknowledgement of paternity must be executed in accordance with the laws of the state in which the child(ren) was (were) born.

G. If genetic test results show that an alleged father is not the genetic father of the child(ren), the Division may request a court order that states the alleged father was excluded as the genetic father of the child(ren) by genetic testing.

H. The Department may recoup its costs for genetic testing from alleged fathers who are not excluded by the tests and who are not indigent.

I. If the alleged father submits himself to sample collection and testing for paternity evaluation, alleged father agrees that the samples, or the DNA profile resulting from the test, may be used to determine the paternity of other children in actions unrelated to the one for which DNA is being tested and may be used as evidence in further paternity actions, if the Department has an affirmation alleging he is the father of a child or if the Department commences an action against the alleged father and he fails to participate in testing.

J. After July 1, 2016, in cases where the child was conceived by means of assisted reproduction, a donor is not a parent, except as provided by 19-A M.R.S. §1922(2)

may be used as evidence in further paternity actions, if the Department has an affirmation alleging he is the father of a child or if the Department commences an action against the alleged father and he fails to participate in testing.

J. After July 1, 2016, in cases where the child was conceived by means of assisted reproduction, a donor is not a parent, except as provided by 19-A M.R.S. §1922(2). However, a person who provides gametes for and consents to or a person who consents to assisted reproduction by a woman as provided in 19-A M.R.S. §1924 with the intent to be the parent of a resulting child is a parent of the resulting child.

6. FILING A RECORD OF

A. After the Division serves a Notice of Paternity Proceeding, it may, unless paternity has been acknowledged pursuant to Section 9.4, above, file a record of the proceeding in a court as a paternity proceeding if an alleged father:

1. Does not file a written denial of paternity with the Division within 20 days after service of the notice;

2. Does not deliver an acknowledgment of paternity to the Division that has been executed in accordance with the laws of the state in which the child(ren) was (were) born within 15 days after the mailing to him of genetic test results that show he is or may be the father of the child(ren); or

3. Refuses to submit to genetic testing.

B. If the Division files a record of a proceeding under Section 6(A)(1), above, an alleged father is not entitled to Notice of the filing and may not assert legal defenses after the filing. A filing under 9.6(A)(1) is a filing under the Maine Rules of Civil Procedure, Rule 3, which entitles the mother, or the Department or other payor of public assistance, to a default judgment against the alleged father in his absence for his failure to file a written denial of paternity in accordance with Section 3, above.

o Notice of the filing and may not assert legal defenses after the filing. A filing under 9.6(A)(1) is a filing under the Maine Rules of Civil Procedure, Rule 3, which entitles the mother, or the Department or other payor of public assistance, to a default judgment against the alleged father in his absence for his failure to file a written denial of paternity in accordance with Section 3, above.

C. If the Division files a record of a proceeding in a court under Section 6(A)(2) or 6(A)(3), an alleged father is not required to file an additional denial of paternity and may assert any defense, in law or fact, within 25 days after the mailing to him by ordinary mail of a notice that a record of the proceeding has been filed in a court as a paternity proceeding.

7. COURT ORDERED RELIEF

If the Division files a record of a proceeding in a court as a paternity proceeding, it may ask the court to:

A. Establish the alleged father as the legal father of the child(ren);

B. Order the alleged father to make periodic support payments required by the Maine Child Support Guidelines;

C. Order immediate income withholding for payment of current support and/or debt owed;

D. Order the alleged father to obtain health insurance for the child(ren) and to provide continuing proof of coverage to the Division;

E. Order the alleged father to pay reasonable medical, hospital, dental, and optical expenses incurred on behalf of the child(ren);

F. Order the alleged father to reimburse the mother, or the Department or other payor of public assistance, for the past support, birth expenses, and medical expenses incurred on behalf of the minor child(ren) to the time of trial; and grant judgment, as applicable, in the amount of those expenses with execution to issue immediately;

G. Order the alleged father to make payments to the Division when the mother receives TANF for the child(ren) or is a non-TANF client and at all other times to the mother;

or the past support, birth expenses, and medical expenses incurred on behalf of the minor child(ren) to the time of trial; and grant judgment, as applicable, in the amount of those expenses with execution to issue immediately;

G. Order the alleged father to make payments to the Division when the mother receives TANF for the child(ren) or is a non-TANF client and at all other times to the mother;

H. Order the alleged father to reimburse the Department for the cost of genetic testing if he is not excluded as the father of the child(ren) and is not indigent;

I. Order the alleged father to pay reasonable attorney's fees and costs of prosecution, including prejudgment interest; and

J. Grant any other relief deemed just and proper.

8. NON-RESIDENT ALLEGED FATHERS

A. A person who engages in sexual intercourse with a resident of this State within this State submits to the jurisdiction of the Division for the purpose of commencing a paternity proceeding.

B. For purposes of this chapter, alleged fathers residing outside the State are subject to the jurisdiction of the Division to the fullest extent permitted by the Due Process clause of the United States Constitution, Amendment XIV and to the fullest extent permitted by law.

9. DETERMINATION OF MATERNITY

Provisions in this Chapter pertaining to paternity may apply to determinations of maternity as needed to determine parentage consistent with this Chapter.

CHAPTER 10 - PROCEEDINGS UNDER 19-A M.R.S.A. §2352 (NOTICE OF SUPPORT DEBT) AND 19-A M.R.S.A. §2359 (EXPEDITED INCOME WITHHOLDING)

1. PROCEDURE IN GENERAL

is Chapter.

CHAPTER 10 - PROCEEDINGS UNDER 19-A M.R.S.A. §2352 (NOTICE OF SUPPORT DEBT) AND 19-A M.R.S.A. §2359 (EXPEDITED INCOME WITHHOLDING)

1. PROCEDURE IN GENERAL

A. A Notice of Support Debt (“Notice of Debt”) is an adjudication of debt accrued and accruing for the support of the dependent child(ren) of the responsible parent. The Division may proceed under 19-A M.R.S. §2352 and/or 19-A M.R.S. §2359 as required, empowered, or so authorized on behalf of the Department, any other state, any other state's IV-D Agency, any non-TANF client of any other state's IV-D Agency or any non-TANF client of the Department, regardless of whether TANF is being or has been expended for the responsible parent's child(ren) by the Department or by any other state or subdivision/instrumentality thereof. In the event that public assistance has been paid by the Department or by any other state (or sub-division/ instrumentality thereof) for the benefit of the dependent child(ren) of the responsible parent, the responsible parent's arrearage/debt may not be limited by the amount of such public assistance. The Division may proceed under §2352 and §2359 simultaneously.

B. In the case of an ongoing support debt, the debt continues to accrue after the liquidation by the Notice of Debt (See Section 3[A], below). Any subsequent debt is continually added to the original adjudication to determine the total amount accrued and accruing. The absence of subsequent Notices of Debt does not invalidate the ongoing debt accrued and accruing since the original Notice of Debt was liquidated, even when/if the order is later modified or reduced to zero.

2. SCOPE OF LIABILITIES AND OBLIGATIONS WHICH MAY BE ENFORCED BY THE DIVISION UNDER 19-A M.R.S. §2352 AND/OR 19-A M.R.S. §2359

ero.

2. SCOPE OF LIABILITIES AND OBLIGATIONS WHICH MAY BE ENFORCED BY THE DIVISION UNDER 19-A M.R.S. §2352 AND/OR 19-A M.R.S. §2359

On behalf of any of the persons or entities enumerated in section 1, above, the Division, under 19-A M.R.S. §2352 and/or 19-A M.R.S. §2359, may enforce any and all liabilities and/or obligations of a responsible parent under any support order (as defined by 19-A M.R.S. §2101[13] and in Chapter 2, “Definitions,” Maine Child Support Enforcement Manual) which relate to obligations for child support, spousal support, health insurance coverage, health insurance proceeds, and medical support and expenses.

3. REQUIREMENTS FOR A NOTICE OF DEBT

The Notice of Debt (“Notice”) will include:

A. A statement of the debt accrued or accruing pursuant to an order issued administratively, by a court or a recognized tribunal with the authority to issue child support orders under 19-A M.R.S. §2301. NOTE: After liquidation by the Notice of Debt, and from the date of receipt of the Notice by the obligor forward, each accrual of the child support order becomes a judgment due and payable on the day it accrues. These accruals are consequently added to the debt amount stated on the face of the Notice of Debt. The debt and accruals are legally enforceable using methods and remedies articulated in Article 3: Alternative Method of Support Enforcement of 19-A, Chapter 65, Maine Revised Statutes.

B. A statement of the terms of the support order, including the names of each dependent child;

C. A statement that any property of the debtor is subject to lien and foreclosure, administrative seizure and disposition, order to withhold and deliver or other collection actions, and that any debt determined to be owed by the responsible parent may be reported to a consumer reporting agency;

D. A demand for payment of the support debt within 20 days of receipt of the Notice of Debt;

nt child;

D. A demand for payment of the support debt within 20 days of receipt of the Notice of Debt;

E. A statement that the net proceeds of any collection action will be applied to the satisfaction of the support debt accrued and accruing pursuant to the order for support on which the debt is based.

F. A statement that debts enforced using remedies activated by the liquidation of the Notice of Debt pursuant to 19-A M.R.S. §2352 are not subject to the exemptions enumerated in Maine Revised Statutes, Title 14, Chapter 507, Subchapter 2, Article 7.

G. A statement that the responsible parent has the right to request a hearing under 19-A M.R.S. §2451, or, in the alternative, to seek relief in a court of proper jurisdiction;

H. A statement that at the administrative hearing only the following issues may be considered (see also Chapter 12, Maine Child Support Enforcement Manual, below):

(1) The receipt of public assistance by the responsible parent;

(2) Uncredited cash payments;

(3) The amount of the debt accrued and accruing, excluding debts previously liquidated;

(4) The accuracy of the terms of the support order as stated in the Notice of Debt; and

strative hearing only the following issues may be considered (see also Chapter 12, Maine Child Support Enforcement Manual, below):

(1) The receipt of public assistance by the responsible parent;

(2) Uncredited cash payments;

(3) The amount of the debt accrued and accruing, excluding debts previously liquidated;

(4) The accuracy of the terms of the support order as stated in the Notice of Debt; and

(5) The maintenance of any required medical or dental insurance coverage;

I. A statement that the department will stay collection action upon receipt of a request for review under 19-A M.R.S. §2451 or on service of pleadings filed in a court of proper jurisdiction.

In addition to conforming to the requirements of 19-A M.R.S. §2352(1), a Notice of Debt may contain such other notices to and information for the responsible parent as the Division deems appropriate.

4. COMMENCEMENT OF ACTION

Actions to collect any debt accrued and accruing under 19-A M.R.S. §2301 may commence after 20 days after the date of receipt of the Notice of Debt described in this section.

5. REQUIREMENTS FOR A NOTICE OF INTENTION TO WITHHOLD PURSUANT TO §2359

In addition to conforming to the requirements of 19-A M.R.S. §2359(3), a Notice of Intention to Withhold may include such other notices to and information for the responsible parent as the Division deems appropriate.

6. COMBINING OF NOTICE OF DEBT AND NOTICE OF INTENTION TO WITHHOLD

A Notice of Debt (19-A M.R.S. §2352) and a Notice of Intention to Withhold (19-A M.R.S. §2359) may be combined.

7. COLLECTION OF SUPPORT DEBT IN JEOPARDY

If the Division finds that the collection of any support debt accrued or accruing under 19-A M.R.S. §2301 is in jeopardy, it may make demand under 19-A M.R.S. §2352(1) for immediate payment of the support debt, and upon failure or refusal of the responsible parent immediately to pay, may file and serve liens pursuant to 19-A M.R.S. §2357. An action under 19-A M.R.S. §§ 2358, 2363 and 2364 may not be taken until the notice requirements of 19-A M.R.S

port debt accrued or accruing under 19-A M.R.S. §2301 is in jeopardy, it may make demand under 19-A M.R.S. §2352(1) for immediate payment of the support debt, and upon failure or refusal of the responsible parent immediately to pay, may file and serve liens pursuant to 19-A M.R.S. §2357. An action under 19-A M.R.S. §§ 2358, 2363 and 2364 may not be taken until the notice requirements of 19-A M.R.S. §2352(1) are met.

If immediate payment is demanded because collection is determined to be in jeopardy, the Division shall afford the responsible parent the opportunity for a review hearing to review the jeopardy issue within 5 business days of the responsible parent's request for such a review hearing. Notice of the right to such a review shall be included in the demand for immediate payment. A review affidavit need not be served in order for such a review hearing to be scheduled.

8. A SUPPORT ORDER NOT AFFECTED BY CERTAIN OTHER ORDERS

A support order (as defined by 19-A M.R.S. §2101[13]) with respect to which the Division is proceeding under 19-A M.R.S. §2352 and/or 19-A M.R.S. §2359, or which is the basis of the Division's submittal for federal income tax refund offset pursuant to 42 U.S.C. §664, shall not be deemed nullified, vacated or in any way modified by:

A. An order rendered pursuant to 19-A M.R.S. §§ 4001-4014 (Protection from Abuse), unless such court order of support is an order issued by the Maine District or Superior Court and the subsequent order rendered pursuant to 19-A M.R.S. §§ 4001-4014 explicitly expresses an intention to nullify, vacate or otherwise modify such court order of support; or by

lified, vacated or in any way modified by:

B. An order for or regarding child support rendered pursuant to the Uniform Reciprocal Enforcement of Support Act (URESA) or Revised Uniform Reciprocal Enforcement of Support Act (RURESA) of the State of Maine or of another state notwithstanding that the proceeding in which such order was entered has not been dismissed, unless such interstate order specifically provides for nullification or modification of such court order of support; or by

C. An order for or regarding child support rendered pursuant to the Uniform Reciprocal Enforcement of Support Act (URESA) or Revised Uniform Reciprocal Enforcement of Support Act (RURESA) of the State of Maine or another state, regardless of whether such interstate order specifically provides for nullification or any kind of modification of such court order of support, if the interstate proceeding in which such order was entered has been dismissed.

9. APPLICABILITY OF FORMER 19 M.R.S. §303

Computation of a child support arrearage/debt under a Maine court order which establishes or modifies a child support obligation shall be governed by 19 M.R.S. §303 as enacted by PL 1989, c. 156 (the first paragraph of 19 M.R.S. §303, as enacted by PL 1969, c. 175), if the order was issued on or after October 1, 1969 and before April 17, 1990.

10. LIMITATION ON CREDIT FOR PARENT/CHILD CONTACT

In a proceeding to enforce a court order or administrative decision for child support under 19-A M.R.S. §2352 or 19-A M.R.S

ligation shall be governed by 19 M.R.S. §303 as enacted by PL 1989, c. 156 (the first paragraph of 19 M.R.S. §303, as enacted by PL 1969, c. 175), if the order was issued on or after October 1, 1969 and before April 17, 1990.

10. LIMITATION ON CREDIT FOR PARENT/CHILD CONTACT

In a proceeding to enforce a court order or administrative decision for child support under 19-A M.R.S. §2352 or 19-A M.R.S. §2359, the responsible parent shall receive a credit for such period(s) of time that his child(ren) have visited with him only if and to the extent that the court order or administrative decision by its terms expressly provides for such a credit.

11. STAY OF AGENCY ACTION

If the responsible parent seeks a review of a Notice of Debt pursuant to 19-A M.R.S. §2451, or seeks relief in a court of proper jurisdiction, and if the Division receives the request for review or service of pleadings within 20 days after service of the Notice of Debt upon the responsible parent, it shall stay collection action, except collection action pursuant to 19-A M.R.S. §2306. The Division shall accept ordinary mail service of copies of all pleadings, which shall be addressed to the Division representative whose name appears on the Notice of Debt. Service upon the Department shall be in addition to any other service required under the Maine Rules of Civil Procedure.

CHAPTER 11 - RULES FOR HEARINGS

1. SETTING OF HEARING

A. The hearing shall be conducted privately and open only to:

1. The responsible parent, his witnesses and legal counsel or other representative selected to participate in the responsible parent's behalf at the hearing.

2. The TANF recipient or non-TANF support enforcement services client.

3. The TANF recipient or non-TANF client in the proceeding.

4. Departmental staff, representatives of the Attorney General's Department, and witnesses selected by the Division to participate in the hearing.

5. If a TANF recipient is required to appear at a hearing, he is entitled to have his own lawyer present

f at the hearing.

2. The TANF recipient or non-TANF support enforcement services client.

3. The TANF recipient or non-TANF client in the proceeding.

4. Departmental staff, representatives of the Attorney General's Department, and witnesses selected by the Division to participate in the hearing.

5. If a TANF recipient is required to appear at a hearing, he is entitled to have his own lawyer present. However, the cost of such legal representation shall be the responsibility of the recipient and not the Department.

B. A representative of the Division must be present at every hearing to represent the Division, to testify on its behalf and to be available for cross-examination.

C. The hearing shall be conducted in an informal manner but with dignity. The hearing officer shall maintain order in the hearing room.

D. The hearing will be held in a separate room free from other activities.

E. News Media Presence

1. Representatives of the news media shall be excluded from the hearing unless their presence is agreed upon in advance by both the responsible parent and the TANF recipient/client.

2. If news media representatives are permitted to be present, they shall be prohibited from taking pictures, or making any type of recording of the hearing proceedings.

2. JURISDICTION OF THE HEARING OFFICER

A. In a contested matter under Chapter 8, the hearing officer has jurisdiction to establish the responsible parent's child support obligations as provided by these rules.

B. In a hearing under Chapter 12, the hearing officer has jurisdiction to decide the merits of the Division's action as provided by these rules, subject to the limits of Chapter 12 of the Manual.

3. ORDER OF PRESENTATION

Generally, the Division presents its case first, in the interest of providing a basic framework of documentary evidence and an initial statement of issues. However, at a hearing to set aside a default decision, the responsible parent generally presents his or her case first.

4. EVIDENCE

ction as provided by these rules, subject to the limits of Chapter 12 of the Manual.

3. ORDER OF PRESENTATION

4. EVIDENCE

A. Exhibits

The hearing officer shall mark all exhibits received in the order of their introduction, and make them part of the record.

B. Certain papers deemed part of the record

A notice of hearing or a review affidavit/affirmation and a notice of review hearing in a §2451 proceeding, are deemed part of the record if either (1) the hearing officer has a copy of the documents when the hearing begins, or (2) the documents are presented to the hearing officer with sufficient identifying information for inclusion in the record, without the need of reading the documents into the record.

C. Documentary/written evidence need not be read into the record

Documentary or written evidence shall be identified sufficiently for it to be admitted into evidence but need not be read into the record, provided that a copy thereof is possessed by or is made available to the person against whose interest it is offered in evidence.

5. DECLINATION TO OFFER EVIDENCE

Upon a party being advised by the hearing officer presiding at a hearing that further, additional or other evidence is required of or should be offered or submitted by the party in order for a decision to be rendered on one or more issues in the proceeding, such party shall have the option of: (a) offering/submitting such evidence within a reasonable period of time to be set by the hearing officer; or (b) upon being so advised by the hearing officer or at any time during the period set by the hearing officer for the offer/submission of evidence, of declining to offer/submit such evidence

ecision to be rendered on one or more issues in the proceeding, such party shall have the option of: (a) offering/submitting such evidence within a reasonable period of time to be set by the hearing officer; or (b) upon being so advised by the hearing officer or at any time during the period set by the hearing officer for the offer/submission of evidence, of declining to offer/submit such evidence. In the event of the party exercising option (b), a decision must be rendered in the proceeding, which decision shall be based upon the evidence which is in the record and shall specify the respect(s) in which, if any, the decision is based upon the absence in the record of the evidence which such party has declined to offer/submit.

6. DECISION REQUIRED FOR FINDING OF NO JURISDICTION

If the hearing officer determines that he or she has no jurisdiction to render a decision on one or more issues, the hearing officer must render a decision that explains the basis of that determination.

7. WITHDRAWAL WITHOUT PREJUDICE

A proceeding may be withdrawn without prejudice by the party that has initiated or requested the proceeding (1) at any time before evidence is taken in the proceeding, by so notifying the other party, or (2) at any time prior to the rendition of a decision in the proceeding by (a) filing with the Office of Administrative Hearings a stipulation of withdrawal signed on behalf of the Division and signed and acknowledged by the responsible parent or (b) by the entering of an oral stipulation of withdrawal without prejudice on the record.

8. DECISIONS

The Department's administrative decisions must conform to all applicable laws. The Division shall develop and provide to the Office of Administrative Hearings generic decision forms that satisfy all legal requirements and which may contain other notices the Division deems appropriate.

arent or (b) by the entering of an oral stipulation of withdrawal without prejudice on the record.

8. DECISIONS

9. MISTAKES IN DECISIONS

Mistakes and errors in decisions arising from oversight or omission may be corrected by a hearing officer at any time on his own initiative or on the application of either party to the proceeding to be made on notice to the other party, or on the consent of both parties.

10. THE RECORD

A. The record shall contain:

1. All applications, pleadings, motions, preliminary and interlocutory rulings and orders;

2. Evidence received;

3. A statement of facts officially noticed;

4. Offers of proof, objections and rulings thereon; and

5. The decision.

B. Hearings to be Recorded

The hearing officer shall record the hearing in a form susceptible to transcription. Portions of the record as required and specified in Paragraph A may be included in the recording. The Department shall transcribe the recording when necessary for an 80C proceeding.

C. Record: Copies

The Department shall make a copy of the record, including recordings made pursuant to Paragraph B, available at its principal place of operation, for inspection by any party to the hearing during normal business hours except for good cause; and shall make copies of the record, copies of the record and transcriptions of recordings available to any party at actual cost except for good cause.

CHAPTER 12 - PROCEEDINGS TO AMEND OR SET ASIDE ADMINISTRATIVE DECISIONS; PROCEEDINGS TO APPEAL AGENCY ACTION

lable at its principal place of operation, for inspection by any party to the hearing during normal business hours except for good cause; and shall make copies of the record, copies of the record and transcriptions of recordings available to any party at actual cost except for good cause.

CHAPTER 12 - PROCEEDINGS TO AMEND OR SET ASIDE ADMINISTRATIVE DECISIONS; PROCEEDINGS TO APPEAL AGENCY ACTION

1. ADMINISTRATIVE REVIEW HEARINGS

The Department may conduct administrative review hearings:

That are specified in this chapter as being available to the responsible parent or the Division;

That are alternative review hearings in interstate tax refund offset cases; and

That the Division, as the State's Title IV-D agency, is authorized or required to conduct by state or federal law, rule, or regulation, or by direction of the Commissioner.

Hearing procedures and rules are governed by the Office of Administrative Hearings’ Administrative Hearing Regulation, 10-144 C.M.R. Ch. 1, and Chapter 11 of this Manual, above.

2. TYPES OF ADMINISTRATIVE REVIEW HEARINGS

A. There are three types of administrative review hearings:

1. Appeal hearings;

2. Amendment hearings; and

3. Hearings to set aside a default decision.

B. APPEAL HEARINGS

An appeal hearing is a hearing on the merits of the Division's action.

2. A responsible parent may request an appeal hearing under 19-A M.R.S. §2451 of:

a. Any action under the Alternative Method of Support Enforcement;

b. A submittal to IRS for federal income tax refund offset; and

c. A submittal by the Division to the State Tax Assessor for state income tax refund offset.

3. "Any action," within the meaning of 19-A M.R.S. §2451 and 2(a) above means:

a. A Notice of Debt and demand for payment based upon a court order (19-A M.R.S. §2352), an administrative decision, or other order of administrative process;

b. The filing of a lien (19-A M.R.S. §2357);

c. The service of an Order to Withhold and Deliver (19-A M.R.S

e Tax Assessor for state income tax refund offset.

3. "Any action," within the meaning of 19-A M.R.S. §2451 and 2(a) above means:

a. A Notice of Debt and demand for payment based upon a court order (19-A M.R.S. §2352), an administrative decision, or other order of administrative process;

b. The filing of a lien (19-A M.R.S. §2357);

c. The service of an Order to Withhold and Deliver (19-A M.R.S. §2358), provided the Division has served the order upon the responsible parent or the responsible parent has waived service of the order in a record;

d. Notice of Intention to Withhold (19-A M.R.S. §2359);

e. Order to Withhold (19-A M.R.S. §2359);

f. Administrative seizure and disposition of property (19-A M.R.S. §2363);

g. A demand for immediate payment (19-A M.R.S. §2352[3]);

h. A notice of intended setoff of lottery winnings issued by the Department of Finance, Bureau of Lottery pursuant to 19-A M.R.S. §2360;

i. An administrative decision that establishes or modifies a responsible parent's child support obligation; and

j. A notice of withholding of gambling winnings pursuant to 8 M.R.S. §§ 300-B or 1066.

4. The Division may request an appeal of an administrative decision under 19-A M.R.S. §2451.

5. The custodial parent may request an appeal of an administrative decision establishing or modifying a debt under the Maine Administrative Procedure Act.

6. Time limits

a. Agency action

i. The time limit for a parent's request for an appeal of agency action is 30 days after s/he receives notice of the action.

ii. Notwithstanding this 30 day time limit, if the responsible parent does not request a hearing within the 20 days provided by 19-A M.R.S. §§ 2352 and 2359, the Division may issue and serve an order to withhold 21 days after the Division serves a Notice of Intention to Withhold under 19-A M.R.S. §2359, and may proceed to enforce a debt 21 days after the Division serves a Notice of Debt issued pursuant to 19-A M.R.S. §2352.

y time limit, if the responsible parent does no

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