Enforcement of Child Support Orders in Maine
Enforcement of child support orders in Maine is managed by the Division of Support Enforcement & Recovery (DSER), which utilizes various methods to ensure compliance, including wage garnishment and intercepting tax refunds.
In order to guarantee that both parents contribute to their children’s financial security, child support is an essential tool in Maine. The custodial parent and kid may experience financial difficulties if some non-custodial parents neglect their responsibilities. The state can enforce child support orders using a variety of legal means, such as property liens, wage garnishment, and other court proceedings. An outline of what can be done in the event that child support is not paid is provided here.
1. Wage Garnishment
Wage garnishment is one of the most common and effective methods of enforcing child support in Maine. Under this arrangement, a portion of the non-custodial parent’s wages is automatically withheld by their employer and sent directly to the state’s child support agency or the custodial parent. This process begins after a child support order has been issued, and the non-custodial parent is in arrears.
- How It Works: The Maine Department of Health and Human Services (DHHS) can issue an income withholding order to the parent’s employer. The employer is legally obligated to comply and deduct the specified amount from the parent’s paycheck. The withheld payments are then forwarded to the custodial parent.
- Amount: The garnishment typically amounts to a percentage of the non-custodial parent’s income. The percentage may vary depending on the amount of child support owed and the parent’s income.
- Default Consequences: If the non-custodial parent continues to default on payments, further legal action may be taken, including increasing the wage garnishment percentage.
2. Liens on Property
Another method of enforcement is placing a lien on the non-custodial parent’s property. A lien is a legal claim that gives the custodial parent or the state the right to take possession of the non-custodial parent’s property to satisfy an unpaid child support debt. This could include real estate, vehicles, or personal property.
- Real Estate Liens: If the non-custodial parent owns property, such as a home, the state can place a lien against it. This means that the parent cannot sell the property without first satisfying the child support debt. The lien remains in place until the arrears are paid in full.
- Vehicle Liens: Similar to real estate, a lien can be placed on a car or other valuable property. In this case, the property may be seized or sold to satisfy the debt.
3. Intercepting Tax Refunds
In Maine, the state can intercept federal and state tax refunds to satisfy child support arrears. This means that if a non-custodial parent is owed a tax refund, the Maine DHHS can redirect it to cover any unpaid child support.
- Federal and State Refund Interception: The state works with the U.S. Department of Treasury to intercept federal tax refunds. State tax refunds can also be seized through the Maine Revenue Services.
4. Suspension of Driver’s License or Professional License
In cases of non-payment, the Maine court may take the drastic step of suspending the non-custodial parent’s driver’s license or professional license. This is particularly effective for parents who rely on their driving privileges or professional certifications for employment. Losing the ability to drive or work in certain fields can prompt individuals to resolve their child support issues.
- Driver’s License: The state can suspend a driver’s license for non-payment of child support, which can significantly affect the parent’s ability to work and travel.
- Professional License: Maine may also suspend certain professional licenses, such as those for healthcare providers, real estate agents, or contractors, further hindering the non-custodial parent’s ability to earn a living.
5. Contempt of Court
If a non-custodial parent consistently fails to pay child support, the custodial parent can request that the court hold the non-paying parent in contempt. Being found in contempt of court for failure to pay child support can result in serious legal consequences, including fines or even jail time.
- Contempt Hearings: During a contempt hearing, the non-custodial parent must explain why they have not paid the ordered child support. If the court finds the parent in contempt, penalties can be imposed.
- Penalties: Penalties for contempt can include fines, wage garnishment, suspension of professional licenses, and imprisonment in extreme cases.
6. Criminal Prosecution
In cases of extreme or willful non-payment, criminal prosecution may be pursued. Maine law allows for criminal charges to be filed against a non-custodial parent who intentionally and repeatedly fails to pay child support. Criminal penalties can include fines, probation, or jail time.
- Criminal Charges: If a parent deliberately evades child support obligations, they may be charged with criminal nonsupport, which can lead to significant legal consequences.
- Severity: The severity of the charges depends on the amount of arrears and whether the parent has a history of non-payment.
7. Passport Denial
The state may also refer child support delinquencies to the U.S. State Department to prevent the non-custodial parent from receiving or renewing a passport. This can significantly limit the parent’s ability to travel internationally.
- International Restrictions: Non-custodial parents with significant arrears may be restricted from obtaining or renewing a passport, which can be a serious deterrent to evading child support obligations.
8. Referral to Collection Agencies
If the state or custodial parent cannot collect the overdue child support on their own, the case may be referred to a collection agency. The collection agency may take additional measures to collect the arrears, including reporting the debt to credit bureaus, which could negatively impact the non-custodial parent’s credit score.
To guarantee that child support obligations are adhered to, Maine has a number of enforcement tools. Failure to pay can have major repercussions for non-custodial parents, such as wage garnishment, property liens, licence suspension, and even jail time. To fully understand your rights and alternatives, it is imperative that you obtain legal counsel if you are a custodial parent having difficulty collecting child support or if you are the target of enforcement activities. For custodial and non-custodial parents dealing with child support enforcement, the Maine Department of Health and Human Services is a vital resource.