An Act To Modify Child Support Enforcement Procedures and Requirements
Sec. 1. 19-A MRSA §1501, sub-§4, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is repealed.
Sec. 2. 19-A MRSA §1501, sub-§4-A is enacted to read:
Sec. 3. 19-A MRSA §1501, sub-§4-B is enacted to read:
Sec. 4. 19-A MRSA §1501, sub-§4-C is enacted to read:
Sec. 5. 19-A MRSA §1604, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
§ 1604. Service
Service of a notice under section 1605 must be made by personal service in hand and may be made by an authorized representative of the commissioner or by a person authorized as provided for personal service of summons by the Maine Rules of Civil Procedure , Rule 4(d). Personal service within the State of a notice under section 1605 may be made by an authorized representative of the commissioner. Personal service outside the State of a notice under section 1605 may be made in the manner provided for personal service of summons outside the State by the Maine Rules of Civil Procedure, Rule 4(e).
Sec. 6. 19-A MRSA §1653, sub-§8, ¶C, as amended by PL 2005, c. 323, §12, is further amended to read:
Sec. 7. 19-A MRSA §2001, sub-§5, ¶E, as amended by PL 2003, c. 123, §1, is further amended to read:
Sec. 8. 19-A MRSA §2001, sub-§5-A, as enacted by PL 2007, c. 448, §1, is repealed.
Sec. 9. 19-A MRSA §2001, sub-§5-B, as enacted by PL 2007, c. 448, §2, is repealed.
Sec. 10. 19-A MRSA §2001, sub-§5-C, as enacted by PL 2007, c. 448, §3, is repealed.
Sec. 11. 19-A MRSA §2006, sub-§3, ¶C, as amended by PL 2003, c. 415, §7, is further amended to read:
Sec. 12. 19-A MRSA §2006, sub-§5, ¶B, as amended by PL 2001, c. 264, §4, is further amended to read:
Sec. 13. 19-A MRSA §2006, sub-§5, ¶C, as amended by PL 2001, c. 554, §10, is further amended to read:
Sec. 14. 19-A MRSA §2006, sub-§8, ¶F, as amended by PL 2005, c. 352, §4, is further amended to read:
Sec. 15. 19-A MRSA §2006, sub-§8, ¶G, as enacted by PL 2005, c. 352, §5, is amended to read:
(1) Any child reaches 18 years of age and has graduated from secondary school;
(2) Any child reaches 19 years of age without having graduated from secondary school;
(3) Any child obtains an order of emancipation; or
(4) Any child dies.
As of the date of an event listed in subparagraphs (1) to (4), the total child support amount stated in the order must be decreased by the child support amount assigned to that child in the worksheets accompanying the child support order or as set forth in the order . ; and
Sec. 16. 19-A MRSA §2006, sub-§8, ¶H is enacted to read:
Sec. 17. 19-A MRSA §2009, sub-§1-A is enacted to read:
Sec. 18. 19-A MRSA §2009, sub-§4, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is repealed.
Sec. 19. 19-A MRSA §2009, sub-§4-A is enacted to read:
Sec. 20. 19-A MRSA §2106, sub-§1, as amended by PL 2001, c. 554, §12, is further amended to read:
Sec. 21. 19-A MRSA §2106, sub-§4, as amended by PL 2001, c. 554, §13, is further amended to read:
Sec. 22. 19-A MRSA §2201, sub-§1, as amended by PL 2005, c. 352, §8, is further amended to read:
(1) Paying current support;
(2) Paying all past-due support or, if unable to pay all past-due support and a periodic payment for past-due support has not been ordered by the court, by making periodic payments in accordance with a written payment agreement with the department; and
(3) Meeting the obligor's health insurance obligation.
The notice must include the address and telephone number of the department's support enforcement office that issues the notice and a statement of the need to obtain a written confirmation of compliance from that office as provided in subsection 8. The department shall attach a copy of the obligor's order of support to the notice. Service of the notice must be made by certified mail, return receipt requested, by service in hand, or as specified in the manner provided for service of summons by the Maine Rules of Civil Procedure , Rule 4. For purposes of this section subsection, this must be deemed to be an action pursuant to Chapter XIII of the Maine Rules of Civil Procedure. Personal service within the State of the notice described in this subsection may be made by an authorized representatives representative of the commissioner may serve the notice.
Sec. 23. 19-A MRSA §2202, sub-§2, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
(1) Paying current support;
(2) Paying all past-due support or, if unable to pay all past-due support and a periodic payment for past-due support has not been ordered by the court, by making periodic payments in accordance with a written payment agreement with the department; and
(3) Meeting the obligor's health insurance obligation.
The notice must include the address and telephone number of the department's support enforcement office that issues the notice and a statement of the need for the obligor to obtain a written confirmation of compliance from that office as provided in subsection 8. The department shall attach a copy of the obligor's order of support to the notice. The notice must be served by certified mail, return receipt requested, by service in hand, or as specified made in the manner provided for service of summons by the Maine Rules of Civil Procedure , Rule 4. For purposes of this section subsection, this notice must be deemed to be an action pursuant to Chapter XIII of the Maine Rules of Civil Procedure. Personal service within the State of the notice described in this subsection may be made by an authorized representative of the commissioner may serve the notice.
Sec. 24. 19-A MRSA §2203, sub-§5, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
Sec. 25. 19-A MRSA §2203, sub-§6, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
(1) Whether the obligor owes a support debt;
(2) Whether the support debt could be satisfied in whole or in part by the property seized;
(3) The percentage share of ownership of all persons claiming an ownership interest in the property;
(4) The amount of the debtor's interest in the property that is exempt; and
(5) The value of the interest in the property owned by nonobligor parties with an interest superior to that of the department.
Sec. 26. 19-A MRSA §2253, sub-§3, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is repealed.
Sec. 27. 19-A MRSA §2254, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
§ 2254. Service
Service of a notice , order or lien described in this article may must be by certified mail, return receipt requested, by service in hand as specified in civil actions or by publication as specified in civil actions made in the manner provided for service of summons by the Maine Rules of Civil Procedure, Rule 4. For the purposes of this article only, section, this service must be deemed to be an action pursuant to Chapter XIII of the Maine Rules of Civil Procedure. Personal service within the State of a notice, order or lien described in this article may be made by an authorized representatives representative of the commissioner may serve a notice or lien described in this article.
Sec. 28. 19-A MRSA §2308, sub-§1, as amended by PL 2001, c. 554, §14, is further amended to read:
Sec. 29. 19-A MRSA §2308, sub-§6, as amended by PL 2001, c. 554, §14, is further amended to read:
Sec. 30. 19-A MRSA §2308, sub-§14, as amended by PL 2001, c. 554, §14, is further amended to read:
Sec. 31. 19-A MRSA §2308, sub-§15, as amended by PL 2001, c. 554, §14, is further amended to read:
Sec. 32. 19-A MRSA §2361, sub-§1, as amended by PL 1997, c. 466, §23 and affected by §28, is further amended to read:
Sec. 33. 19-A MRSA §2658, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
§ 2658. Service of process
Service under this subchapter may must be by certified mail or in accordance with the requirements of made in the manner provided for service of summons by the Maine Rules of Civil Procedure, Rule 4. The department may serve an income withholding order as provided in section 2254. For purposes of this section, this service must be deemed to be an action pursuant to Chapter XIII of the Maine Rules of Civil Procedure. When the department is providing child support services, personal service within the State of an income withholding order may be made by an authorized representative of the commissioner.
Sec. 34. 19-A MRSA §2670, sub-§1, as enacted by PL 1997, c. 537, §51 and affected by §62, is amended to read:
Sec. 35. 19-A MRSA §2674 is enacted to read:
§ 2674. Maximum amount permitted to be withheld
The maximum amount permitted to be withheld from the obligor's income must be determined in accordance with section 2356.
Sec. 36. 19-A MRSA §2675 is enacted to read:
§ 2675. Allocating income withheld for multiple child support obligees
A payor of earnings that receives 2 or more withholding orders for the purpose of enforcing or paying a child support obligation with respect to the earnings of the same obligor shall withhold the full amount of all current support obligations before withholding the obligor's support arrears. If the payor is prohibited by section 2356 from withholding the full amount of current support obligations, the payor satisfies the terms of the orders if the payor withholds a pro rata amount of current support pursuant to each order. If the payor is prohibited by this section or section 2356 from withholding the full amount of support arrears, the payor satisfies the terms of the orders if the payor withholds a pro rata amount of support arrears pursuant to each order.
Sec. 37. Rules. The Department of Health and Human Services shall adopt rules regarding reasonable cost as described in the Maine Revised Statutes, Title 19-A, section 1501, subsection 4-C. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.