LD 234
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LD 234 Title Page An Act To Create a Uniform Approach to the Determination of Child Support When ... Page 2 of 3
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LR 404
Item 1

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

 
Sec. 1. 19-A MRSA §2001, sub-§8-A is enacted to read:

 
8-A.__Substantially equal care.__"Substantially equal care"
means that both parents participate substantially equally in
the child's total care, which may include, but is not limited
to, the child's residential, educational, recreational, child
care and medical, dental and mental health care needs.

 
Sec. 2. 19-A MRSA §2006, sub-§4, as enacted by PL 1995, c. 694, Pt.
B, §2 and affected by Pt. E, §2, is amended to read:

 
4. Computation of parental support obligation. The total
support obligation must be divided between the parties in
proportion to their respective gross incomes. The court or
hearing officer shall order the party not providing primary
residential care to pay, in money, that party's share of the
total support obligation to the party providing primary
residential care. The primary residential care provider is
presumed to spend the primary care provider's share directly
on each child. If the court or hearing officer determines
that the parties provide substantially equal care for a child
for whom support is sought, presumptive support must be
calculated in accordance with subsection 5, paragraph D-1.

 
Sec. 3. 19-A MRSA §2006, sub-§5, ¶D, as enacted by PL 1995, c. 694,
Pt. B, §2 and affected by Pt. E, §2, is amended to read:

 
D. When the parties have equal annual gross incomes and
provide residential care equally substantially equal care
for each child for whom support is being determined,
neither party is required to pay the other a parental
support obligation. The parties shall share equally the
child care costs, health insurance premiums and uninsured
medical expenses.

 
Sec. 4. 19-A MRSA §2006, sub-§5, ¶D-1 is enacted to read:

 
D-1.__When the parties do not have equal annual gross
incomes but provide substantially equal care for each
child for whom support is being determined, the
presumptive parental support obligation must be determined
as follows.

 
(1)__The basic support entitlement for each child
must be determined in accordance with subsection 1
and enhanced by a multiplier of 1.5.__This product is
the enhanced basic support entitlement.


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