H.P. 787 - L.D. 1110
An Act Regarding the Calculation of Child Support When the Child Receives Disability Benefits
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 19-A MRSA §2107, as reallocated by RR 1997, c. 1, §16, is repealed and the following enacted in its place:
§2107. Credit for dependent benefits
If a child receives dependent benefits as a result of the obligor parent's disability, any tribunal establishing, reviewing or modifying the child support obligation or debt shall give the obligor parent credit for the dependent benefits paid to the child.
1. Calculation of child support obligation; order. The tribunal shall calculate the obligor's child support obligation and issue a child support order pursuant to the child support guidelines in chapter 63. The obligation may not be reduced by the dependent benefits paid to the child.
2. Findings; credit for benefits paid. The tribunal shall make the following findings:
A. That the child currently receives dependent benefits as a result of the obligor parent's disability;
B. That the receipt of these benefits satisfied part or all of the obligation; and
C. That the obligor must receive credit against the established obligation for the benefits received. Credit may not exceed the amount of the current obligation for the period for which the benefits are paid. Credit may not be given toward a past or future obligation for dependent benefits that exceed the current obligation.
Effective September 18, 1999, unless otherwise indicated.
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