Sec. 1. 19-A MRSA §2109 is enacted to read:

§2109.__Limitations on collection of child support

A person who enters into an agreement with another to collect child support is subject to the following limitations.

1.__Fee limitation.__A fee for the collection of child support may not be based upon future child support payments, including future child support arrearage.__Such a fee may be based upon unpaid past child support arrearage.

2.__Collection practices limitations.__A person who enters into an agreement with another to collect child support is subject to the provisions governing debt collectors in Title 32, chapter 109-A, subchapter 2 and Title 32, section 11054.

3.__Licensed to practice law.__A person who enters into an agreement with another to collect child support must be licensed to practice law in this State.__This subsection does not apply to an employee of the department.

SUMMARY

This bill prohibits a person who enters into an agreement with another to collect child support from charging a fee based upon future child support payments, including future child support arrearage. Such a fee may be based upon unpaid past child support arrearage. It also provides that a person who enters into an agreement with another to collect child support is subject to the provisions of the Maine Fair Debt Collection Practices Act governing debt collection activities. Finally, it provides that a person who enters into an agreement with another to collect child support must be licensed to practice law in this State or be an employee of the Department of Human Services.