HP0179, LD 202, item 1, An Act To Modify Child Support Enforcement Procedures

An Act To Modify Child Support Enforcement Procedures

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 14 MRSA §3128-A, sub-§3, as enacted by PL 1995, c. 419, §8, is amended to read:

3. Duration. The order continues in effect for 6 months or until the obligor finds work , whichever occurs first.

Sec. 2. 19-A MRSA §2006, sub-§5, ¶C, as amended by PL 2009, c. 290, §13, is further amended to read:

C. The subsistence needs of the nonprimary care provider must be taken into account when establishing the parental support obligation. If the annual gross income of the nonprimary care provider is less than the federal poverty guideline, the nonprimary care provider's weekly parental support obligation for each child for whom a support award is being established or modified may not exceed 10% of the nonprimary care provider's weekly gross income, regardless of the amount of the parties' combined annual gross income. The child support table includes a self-support reserve for obligors earning $22,800 or less per year. If, within an age category, the nonprimary care provider's annual gross income, without adjustments, is in the self-support reserve for the total number of children for whom support is being determined, the amount listed in the self-support reserve multiplied by the number of children in the age category is the nonprimary care provider's support obligation for the children in that age category, regardless of the parties' combined annual gross income. The nonprimary care provider's proportional share of childcare, health insurance premiums and extraordinary medical expenses are added to this basic support obligation. This paragraph does not apply if its application would result in a greater support obligation than a support obligation determined without application of this paragraph.

Sec. 3. 19-A MRSA §2369, first ¶, as amended by PL 2001, c. 264, §12, is further amended to read:

The receipt of public assistance for a child constitutes an assignment by the recipient to the department of all rights to support for the child and spousal support , including any support unpaid at the time of assignment, as long as public assistance is paid that accrue during the period that the recipient receives public assistance for the child.

summary

This bill amends several child support enforcement provisions. It:

1. Eliminates the 6-month limitation on a court order for a child support obligor to seek employment;

2. Changes the child support guidelines from requiring that the support obligation of a nonprimary care provider who earns less than the federal poverty guidelines may not exceed 10% of the nonprimary care provider’s weekly gross income for each child for whom support is awarded to requiring that the support obligation may not exceed 10% of the nonprimary care provider’s weekly gross income regardless of the number of children; and

3. Limits the assignment of child support received by a recipient of public assistance to only that support that accrues during the period that the recipient receives public assistance.

HP0179 LD 202	First Regular Session - 125th Maine Legislature		LR 701 Item 1
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