LD 1526
pg. 117
Page 116 of 118 An Act To Enact the Uniform Parentage Act and Conforming Amendments and Additio... Page 118 of 118
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LR 134
Item 1

 
Part B contains amendments to the Maine Revised Statutes,
Title 4 and Title 19-A provisions concerning paternity and child
support to make them consistent with the Uniform Parentage Act.

 
Where necessary, the laws are made gender-neutral and to refer
to "parent" and "parentage" rather than "mother" or "father" and
"paternity." In addition, "parent" and "grandparent" throughout
Title 19-A are made consistent with the terminology in the
Uniform Parentage Act with the deletion of "biological,"
"adoptive" and "natural" where appropriate.

 
Title 19-A, chapter 53, subchapter 1, originally based on the
Uniform Act on Paternity, is repealed. Substantive and
procedural provisions that are not superseded by the Uniform
Parentage Act are updated and relocated either as general
provisions in Title 19-A, chapter 51, part of child support
enforcement procedures, or as revisions to the Uniform Parentage
Act in Part A.

 
The current law imposes a duty of support. That duty, which
includes the obligation to support one's child and to support
one's spouse when in need, is clarified, and other existing laws
concerning the support obligation are consolidated and clarified.
These elements of the support obligation include pregnancy and
confinement expenses, child support and attorney's fees for
bringing an action to establish parentage.

 
Included in the description of the extent of the duty of
support is a codification of the latest Supreme Judicial Court
rulings on the support obligations of disestablished parents.
Using the language of the 2004 Blaisdell decision, the law
provides that the disestablished parent remains liable for all
unpaid child support obligations that accumulated prior to the
filing of the action to disestablish parentage, and that there is
not a right to reimbursement for support already paid.

 
The Department of Health and Human Services' ability to
collect arrearages under a support order after the child has
turned 18 years of age has been questioned because of the
definitions of "dependent child" and "responsible parent" in
Title 19-A, section 2101. This bill amends the law to clarify
that the department of Health and Human Services has authority to
collect until the debt is paid.

 
This bill clarifies that family case management officers have
jurisdiction to enter interim orders in actions involving
parentage. This change is necessitated by amendments to the
Uniform Parentage Act that refer to parentage actions rather than
to paternity actions.


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