# 144 Ch. 351: Ch. 351: Maine Child Support Enforcement Manual

> Maine · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_00_144_351

## Section

- **Citation:** 144 Ch. 351
- **Heading:** Ch. 351: Maine Child Support Enforcement Manual
- **Jurisdiction:** Maine
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Code of Maine Rules / -144 Department of Health and Human Services Rules / Ch. 351

## Text

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
1
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
6
-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
2
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
8
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
6
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
1
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.
6
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
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
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:
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).
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).
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).
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])
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.
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.”
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.
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.
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.
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
”
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 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.
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.
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.
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.
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;
2
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.
5
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;
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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;
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;
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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.
C
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.
B
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
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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;
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ent. 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;
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.
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"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
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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
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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.
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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.
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.
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. §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
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.
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;
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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
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
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;
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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;
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;
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:
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y.
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:
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.
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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.
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.
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
a
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.
b
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.
3
al 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.
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;
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
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 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.
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 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.
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.
18
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.
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:
A
0.	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:
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.
H
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.
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.
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.
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.
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 re

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_00_144_351. Check the current official text before relying on it. Not legal advice.