Maine Child Support Laws

The purpose of child support laws in Maine is to guarantee that children will always receive financial support from both parents, even in the event that they are no longer together. The aim of this blog is to make clear the main points of Maine’s child support laws, such as how support is determined, how it is enforced, and how parents and guardians can use the system.

What is Child Support?

Child support is the financial contribution that non-custodial parents make to help cover the costs associated with raising a child. In Maine, both parents have a legal responsibility to financially support their children, regardless of custody arrangements. The amount of support is generally determined by several factors, including the income of the parents, the child’s needs, and custody arrangements.

How is Child Support Calculated in Maine?

Maine uses a formula to calculate child support, which is based on the Income Shares Model. This model estimates how much the parents would have spent on the child if they were living together and divides this responsibility between the parents. Here are the main factors that influence the calculation:

1. Parental Income: The primary factor is the combined gross income of both parents. This includes wages, self-employment income, and any other sources of income.
2. Number of Children: The number of children being supported impacts the total child support obligation.
3. Custody and Visitation: If the child spends more time with one parent than the other, this may affect the amount of child support one parent is required to pay. The custodial parent typically receives the support, while the non-custodial parent is required to make payments.
4. Other Financial Obligations: Other costs related to the child’s needs, such as health insurance, education, or childcare, may also be considered when calculating child support.

Maine has child support guidelines that outline exact figures based on these factors. Parents can use these guidelines to estimate the amount of child support, or they can request an official calculation through the Maine Department of Health and Human Services (DHHS).

Modifying Child Support Orders

Life circumstances can change, and so can child support needs. Maine allows for modifications to child support orders if there is a substantial change in the financial situation of one or both parents. Common reasons for modifying support include:

• A significant change in income (job loss, promotion, etc.)
• Changes in custody or visitation arrangements
• Increased medical expenses for the child
• Changes in the child’s needs, such as educational or special needs

To request a modification, parents can file a petition with the court or the DHHS, which will review the request and determine if a change is warranted.

Enforcing Child Support Orders in Maine

Maine takes child support enforcement seriously. The state uses several methods to ensure that non-custodial parents meet their financial obligations:

1. Wage Garnishment: If a parent fails to pay child support, the state can garnish their wages, automatically deducting payments from their paycheck.
2. Tax Refund Intercept: The state can seize federal and state tax refunds to cover unpaid child support.
3. License Suspension: The state may suspend the non-paying parent’s driver’s license, professional license, or recreational license.
4. Contempt of Court: If a parent willfully fails to pay child support, they can be held in contempt of court, which could result in fines or even jail time.
5. Liens on Property: Unpaid child support can also result in liens being placed on property owned by the non-custodial parent.

How to Apply for Child Support in Maine

Parents who are seeking child support in Maine can apply through the Maine Child Support Enforcement (CSE) office. The process typically involves:

1. Filing a Petition: The custodial parent (or another guardian) files a petition for child support with the court or the CSE office.
2. Establishing Paternity: If paternity has not already been established, it may need to be legally determined. This can be done voluntarily or through DNA testing.
3. Court Hearing: In some cases, a court hearing may be scheduled to determine the appropriate amount of support.
4. Payment: Once the court or CSE has issued a child support order, payments are made through the state’s Central Collection Unit, which ensures that payments are sent to the custodial parent.

What to Do If You Cannot Pay Child Support

If you are facing financial hardship and are unable to meet your child support obligation, it is important to take action. Simply stopping payments can lead to serious legal consequences. Instead, parents should:

1. Request a Modification: As mentioned earlier, parents can request a modification of their child support order if their financial situation has changed.
2. Communicate with the Court: If circumstances make it impossible to pay, the court may offer temporary relief or an adjusted payment plan.
3. Work with the Child Support Agency: Maine’s Child Support Enforcement office may offer assistance in negotiating lower payments or help with finding resources for those struggling to make payments.

Although Maine’s child support laws can be complicated, parents and guardians must be aware of the fundamentals of how child support is determined, adjusted, and administered. Maine seeks to guarantee that children’s welfare is prioritised even in cases where parents are not together by providing equitable and consistent support for them. To learn more about your rights and responsibilities in a child support case, it is advisable to speak with a family law lawyer.

Frequently Asked Questions About Maine Child Support Laws

1. What is child support?

Child support is a financial obligation paid by one parent to the other to help cover the costs of raising their child. This typically includes expenses for food, housing, education, medical care, and other necessary expenses.

2. How is child support calculated in Maine?

Maine uses the Income Shares Model to calculate child support. This approach considers the income of both parents, the number of children, and the proportionate share of each parent’s income. The Maine Child Support Guidelines provide detailed calculations based on these factors.

3. Can child support orders be modified?

Yes, child support orders in Maine can be modified if there is a significant change in circumstances, such as:

• A change in income for either parent.
• A change in the child’s needs (e.g., medical expenses or educational costs).
• A change in custody arrangements.

A formal request must be filed with the court to modify an existing order.

4. When does child support end in Maine?

Child support obligations typically end when the child turns 18 or graduates from high school, whichever is later, but no later than the child’s 19th birthday. There are exceptions for children with disabilities or other unique circumstances.

5. What happens if a parent doesn’t pay child support?

Failure to pay child support in Maine can result in serious consequences, including:

• Wage garnishment.
• Seizure of tax refunds.
• Suspension of driver’s or professional licenses.
• Legal action, which may include fines or jail time.

6. How can I apply for child support in Maine?

You can apply for child support services through the Maine Department of Health and Human Services (DHHS), Division of Support Enforcement and Recovery (DSER). They assist with:

• Establishing child support orders.
• Enforcing existing orders.
• Collecting and distributing payments.

7. Do I need to establish paternity before receiving child support?

Yes, paternity must be established if the parents were not married when the child was born. Paternity can be established voluntarily through an Acknowledgment of Paternity Form or through court-ordered genetic testing.

8. Can child support cover college expenses?

Maine law does not require parents to pay for a child’s college education through child support. However, parents can agree to include provisions for college expenses in a support order.

9. What factors influence the amount of child support?

Key factors include:

• The income of both parents.
• The number of children involved.
• The custody arrangement and the amount of time each parent spends with the child.
• Special needs or extraordinary expenses for the child.

10. Can child support payments be made directly to the other parent?

In Maine, child support payments are usually processed through the Maine Child Support Enforcement and Recovery Division to ensure accountability and proper documentation. Direct payments are discouraged unless explicitly allowed by the court.