| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 19-A MRSA §2302, as enacted by PL 1995, c. 694, Pt. B, §2 | | and affected by Pt. E, §2, is repealed and the following enacted | | in its place: |
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| | | §2302.__Support obligations when obligor receives public |
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| | | 1.__Definitions.__As used in this section, unless the context | | otherwise indicates, the following terms have the following | | meanings. |
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| | | A.__"Assisted obligor" means an obligor under a court or | | administrative child support order who receives: |
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| | | (1)__Supplemental security income; or |
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| | | (2)__Public assistance for the benefit of a child of | | that obligor. |
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| | | B.__"Order" means a court or administrative child support | | order in existence at the time an obligor becomes an | | assisted obligor. |
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| | | C.__"Public assistance" has the same meaning as set forth in | | section 2101, subsection 11, except that it does not include | | medical care only. |
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| | | 2.__Presumption.__There is a rebuttable presumption that an | | assisted obligor does not have the capacity to pay child support. |
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| | | 3.__Child support obligation during period that obligor is | | assisted obligor.__For the period during which an obligor is an | | assisted obligor and for 2 weeks thereafter, the assisted | | obligor's child support obligation is automatically suspended.__ | | At the end of the 2 weeks, the obligor's child support obligation | | resumes automatically at the same level at which it was suspended | | unless modified by an order entered pursuant to subsection 4. |
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| | | A debt previously incurred under section 2301 may not be | | collected from a responsible parent while that parent is an | | assisted obligor. |
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| | | 4.__Obligee's opportunity for modification.__The obligee may | | seek to modify the effect of subsection 3 by filing a petition | | for modification with the court or the department, whichever | | issued the affected order.__The court or administrative hearing | | officer may, by order after hearing, modify the effect of | | subsection 3.__The court or administrative hearing officer, in |
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