An Act To Adopt Amendments to the Uniform Interstate Family Support Act
Sec. 1. 19-A MRSA §2802, sub-§2, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
Sec. 2. 19-A MRSA §2802, sub-§2-A is enacted to read:
Sec. 3. 19-A MRSA §2802, sub-§3-A is enacted to read:
Sec. 4. 19-A MRSA §2802, sub-§3-B is enacted to read:
Sec. 5. 19-A MRSA §2802, sub-§3-C is enacted to read:
Sec. 6. 19-A MRSA §2802, sub-§4, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
Sec. 7. 19-A MRSA §2802, sub-§8, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
Sec. 8. 19-A MRSA §2802, sub-§8-A is enacted to read:
Sec. 9. 19-A MRSA §2802, sub-§9, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
Sec. 10. 19-A MRSA §2802, sub-§10, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
Sec. 11. 19-A MRSA §2802, sub-§11-A is enacted to read:
Sec. 12. 19-A MRSA §2802, sub-§12, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
Sec. 13. 19-A MRSA §2802, sub-§13, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
Sec. 14. 19-A MRSA §2802, sub-§13-A, as enacted by PL 2003, c. 436, §2, is amended to read:
Sec. 15. 19-A MRSA §2802, sub-§14, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
Sec. 16. 19-A MRSA §2802, sub-§15, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
Sec. 17. 19-A MRSA §2802, sub-§16, as amended by PL 2003, c. 436, §3, is further amended to read:
Sec. 18. 19-A MRSA §2802, sub-§17, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
Sec. 19. 19-A MRSA §2802, sub-§19, as amended by PL 2003, c. 436, §4, is amended to read:
(1) Has been declared to be a foreign reciprocating country or political subdivision under federal law;
(2) Has established a reciprocal arrangement for child support with this State as provided in section 3008-A; or
(3) Has enacted a law or established procedures for issuance and enforcement of support orders that are substantially similar to the procedures under this chapter.
Sec. 20. 19-A MRSA §2802, sub-§21, as amended by PL 2003, c. 436, §§5 and 6 and c. 689, Pt. B, §6, is further amended to read:
The support enforcement agency in this State is the Department of Health and Human Services.
Sec. 21. 19-A MRSA §2802, sub-§22, as amended by PL 2003, c. 436, §7, is further amended to read:
Sec. 22. 19-A MRSA §2802-A is enacted to read:
§ 2802-A. State tribunal and support enforcement agency
Sec. 23. 19-A MRSA §2803, sub-§1, as enacted by PL 2003, c. 436, §8, is amended to read:
Sec. 24. 19-A MRSA §2804 is enacted to read:
§ 2804. Application of chapter to resident of foreign country and foreign support proceeding
Sec. 25. 19-A MRSA §2961, sub-§2, as enacted by PL 2003, c. 436, §10, is amended to read:
Sec. 26. 19-A MRSA §2963, as enacted by PL 2003, c. 436, §10, is amended to read:
§ 2963. Initiating and responding tribunal of this State
Under this chapter, a tribunal of this State may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or foreign country.
Sec. 27. 19-A MRSA §2964, as enacted by PL 2003, c. 436, §10, is amended to read:
§ 2964. Simultaneous proceedings
Sec. 28. 19-A MRSA §2966, sub-§1, ¶B, as enacted by PL 2003, c. 436, §10, is amended to read:
Sec. 29. 19-A MRSA §2967, sub-§2, as enacted by PL 2003, c. 436, §10, is amended to read:
(1) An order issued by a tribunal in the current home state of the child controls; or
(2) If an order has not been issued in the current home state of the child, the order most recently issued controls.
Sec. 30. 19-A MRSA §2967, sub-§3, as enacted by PL 2003, c. 436, §10, is amended to read:
Sec. 31. 19-A MRSA §2968, as enacted by PL 2003, c. 436, §10, is amended to read:
§ 2968. Child support orders for 2 or more obligees
In responding to registrations or petitions for enforcement of 2 or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this State shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this State.
Sec. 32. 19-A MRSA §2969, as enacted by PL 2003, c. 436, §10, is amended to read:
§ 2969. Credit for payments
A tribunal of this State shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this State or another state or a foreign country.
Sec. 33. 19-A MRSA §2970, as enacted by PL 2003, c. 436, §10, is amended to read:
§ 2970. Application of chapter to nonresident subject to personal jurisdiction
A tribunal of this State exercising personal jurisdiction over a nonresident in a proceeding under this chapter or under other laws of this State relating to a support order or recognizing a foreign support order of a foreign country or political subdivision on the basis of comity may receive evidence from another state outside this State pursuant to section 3016, communicate with a tribunal of another state outside this State pursuant to section 3017 and obtain discovery through a tribunal of another state outside this State pursuant to section 3018. In all other respects, subchapters 3 to 7 7-A do not apply and the tribunal shall apply the procedural and substantive law of this State.
Sec. 34. 19-A MRSA §2971, sub-§2, as enacted by PL 2003, c. 436, §10, is amended to read:
Sec. 35. 19-A MRSA §3001, sub-§1-A, as enacted by PL 2003, c. 436, §11, is amended to read:
Sec. 36. 19-A MRSA §3004-A, sub-§2, as enacted by PL 2003, c. 436, §14, is amended to read:
Sec. 37. 19-A MRSA §3005, sub-§2, ¶A, as amended by PL 2003, c. 436, §15, is further amended to read:
Sec. 38. 19-A MRSA §3005, sub-§2, ¶H, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
Sec. 39. 19-A MRSA §3007, sub-§1, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
Sec. 40. 19-A MRSA §3007, sub-§2, ¶A, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
Sec. 41. 19-A MRSA §3007, sub-§2-C, as enacted by PL 2003, c. 436, §18, is amended to read:
Sec. 42. 19-A MRSA §3008-A, 2nd ¶, as enacted by PL 2003, c. 436, §19, is amended to read:
The Attorney General may determine that a foreign country or political subdivision has established a reciprocal arrangement for child support with this State and take appropriate action for notification of the determination.
Sec. 43. 19-A MRSA §3010, as amended by PL 2003, c. 436, §20, is repealed.
Sec. 44. 19-A MRSA §3010-A is enacted to read:
§ 3010-A. Duties of the department as the state information agency
Sec. 45. 19-A MRSA §3011, sub-§1, as amended by PL 2003, c. 436, §21, is further amended to read:
Sec. 46. 19-A MRSA §3013, sub-§2, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
Sec. 47. 19-A MRSA §3016, sub-§1, as amended by PL 2003, c. 436, §24, is further amended to read:
Sec. 48. 19-A MRSA §3016, sub-§2, as amended by PL 2003, c. 436, §24, is further amended to read:
Sec. 49. 19-A MRSA §3016, sub-§4, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
Sec. 50. 19-A MRSA §3016, sub-§5, as amended by PL 2003, c. 436, §24, is further amended to read:
Sec. 51. 19-A MRSA §3016, sub-§6, as amended by PL 2003, c. 436, §24, is further amended to read:
Sec. 52. 19-A MRSA §3017, as amended by PL 2003, c. 436, §26, is further amended to read:
§ 3017. Communications between tribunals
A tribunal of this State may communicate with a tribunal of another state or foreign country or political subdivision outside this State in a record , in an e-mail or by telephone or other means to obtain information concerning the laws; the legal effect of a judgment, decree or order of that tribunal; and the status of a proceeding in the other state or foreign country or political subdivision. A tribunal of this State may furnish similar information by similar means to a tribunal of another state or foreign country or political subdivision outside this State.
Sec. 53. 19-A MRSA §3018, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
§ 3018. Assistance with discovery
A tribunal of this State may:
Sec. 54. 19-A MRSA §3019, sub-§1, as enacted by PL 2003, c. 436, §27, is amended to read:
Sec. 55. 19-A MRSA §3051, sub-§1, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
Sec. 56. 19-A MRSA §3052 is enacted to read:
§ 3052. Proceeding to determine parentage
A tribunal of this State authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this chapter or a law or procedure substantially similar to this chapter.
Sec. 57. 19-A MRSA §3101-C, as enacted by PL 1997, c. 669, §21, is amended to read:
§ 3101-C. Immunity from civil liability
An employer who that complies with an income-withholding order issued in another state in accordance with this subchapter is not subject to civil liability to an individual or support enforcement agency with regard to the employer's withholding of child support payments from the obligor's income.
Sec. 58. 19-A MRSA §3101-D, as enacted by PL 1997, c. 669, §21, is amended to read:
§ 3101-D. Penalties for noncompliance
An employer who that willfully fails to comply with an income-withholding order issued by in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this State.
Sec. 59. 19-A MRSA §3102, as amended by PL 2003, c. 436, §34, is further amended to read:
§ 3102. Administrative enforcement of orders
Sec. 60. 19-A MRSA §3150 is enacted to read:
§ 3150. Registration of order for enforcement
A support order or income-withholding order issued in another state or a foreign country may be registered in this State for enforcement.
Sec. 61. 19-A MRSA §3151, sub-§1, as amended by PL 2003, c. 436, §36, is further amended to read:
(1) The obligor's address and social security number;
(2) The name and address of the obligor's employer and any other source of income of the obligor; and
(3) A description and the location of property of the obligor in this State not exempt from execution; and
Sec. 62. 19-A MRSA §3151, sub-§2, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
Sec. 63. 19-A MRSA §3152, as enacted by PL 1995, c. 694, Pt, B, §2 and affected by Pt. E, §2, is amended to read:
§ 3152. Effect of registration for enforcement
Sec. 64. 19-A MRSA §3153, as repealed and replaced by PL 2003, c. 436, §37, is amended to read:
§ 3153. Choice of law
Sec. 65. 19-A MRSA §3201, sub-§1, as amended by PL 2003, c. 436, §38, is further amended to read:
Sec. 66. 19-A MRSA §3201, sub-§2, ¶B, as amended by PL 2003, c. 436, §38, is further amended to read:
Sec. 67. 19-A MRSA §3201, sub-§3, ¶A, as enacted by PL 2003, c. 436, §38, is amended to read:
Sec. 68. 19-A MRSA §3201, sub-§4, as enacted by PL 2003, c. 436, §38, is amended to read:
Sec. 69. 19-A MRSA §3202, sub-§1, as amended by PL 2003, c. 436, §39, is further amended to read:
Sec. 70. 19-A MRSA §3202, sub-§2, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
Sec. 71. 19-A MRSA §3202, sub-§3, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
Sec. 72. 19-A MRSA §3203, as amended by PL 2003, c. 436, §§40 and 41, is further amended to read:
§ 3203. Contest of registration or enforcement
Sec. 73. 19-A MRSA §3204, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
§ 3204. Confirmed order
Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
Sec. 74. 19-A MRSA §3251, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
§ 3251. Procedure to register child support order of another state for modification
A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this State in the same manner provided in article 1 sections 3150 to 3204 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.
Sec. 75. 19-A MRSA §3252, as amended by PL 2003, c. 436, §42, is further amended to read:
§ 3252. Effect of registration for modification
A tribunal of this State may enforce a child support order of another state registered for purposes of modification in the same manner as if the order had been issued by a tribunal of this State, but the registered support order may be modified only if the requirements of section 3253 , or 3255 or 3257 have been met.
Sec. 76. 19-A MRSA §3253, sub-§1, as repealed and replaced by PL 2003, c. 436, §43, is amended to read:
(1) Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;
(2) A petitioner who is a nonresident of this State seeks modification; and
(3) The respondent is subject to the personal jurisdiction of the tribunal of this State; or
Sec. 77. 19-A MRSA §3253, sub-§3, as repealed and replaced by PL 2003, c. 436, §43, is amended to read:
Sec. 78. 19-A MRSA §3253, sub-§6 is enacted to read:
Sec. 79. 19-A MRSA §3255, sub-§2, as enacted by PL 2003, c. 436, §45, is amended to read:
Sec. 80. 19-A MRSA §3257, as enacted by PL 2003, c. 436, §45, is repealed.
Sec. 81. 19-A MRSA c. 67, sub-c. 6, art. 4 is enacted to read:
ARTICLE 4
REGISTRATION AND MODIFICATION OF FOREIGN CHILD SUPPORT ORDER
§ 3261. Jurisdiction to modify child support order of foreign country
§ 3262. Procedure to register child support order of foreign country for modification
A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the Convention may register that order in this State as provided in sections 3150 to 3204 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration or at another time. The petition must specify the grounds for modification.
Sec. 82. 19-A MRSA c. 67, sub-c. 7, as amended, is repealed.
Sec. 83. 19-A MRSA c. 67, sub-c. 7-A is enacted to read:
SUBCHAPTER 7-A
SUPPORT PROCEEDINGS SUBJECT TO CONVENTION
§ 3311. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
"Foreign support agreement" includes a maintenance arrangement or authentic instrument under the Convention.
§ 3312. Applicability
This subchapter applies only to a support proceeding under the Convention. In such a proceeding, if a provision of this subchapter is inconsistent with a provision in subchapters 1 to 6, this subchapter controls.
§ 3313. Relationship of the department to United States central authority
The Department of Health and Human Services of this State is recognized as the agency designated by the United States central authority to perform specific functions under the Convention.
§ 3314. Initiation by department of support proceedings
§ 3315. Direct request
§ 3316. Registration of Convention support order
§ 3317. Contest of registered Convention support order
§ 3318. Recognition and enforcement of registered Convention support order
(1) If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
(2) If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or
§ 3319. Partial enforcement
If a tribunal of this State does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order.
§ 3320. Foreign support agreement
§ 3321. Modification of child support order subject to Convention
§ 3322. Personal information; limit on use
Personal information gathered or transmitted under this subchapter may be used only for the purposes for which it was gathered or transmitted.
§ 3323. Record in original language; English translation
A record filed with a tribunal of this State under this subchapter must be in the original language and, if not in English, must be accompanied by an English translation.
Sec. 84. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 19-A, chapter 67, subchapter 4, in the subchapter headnote, the words "establishment of support order" are amended to read "establishment of support order or determination of parentage" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. 85. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 19-A, chapter 67, subchapter 5, in the subchapter headnote, the words "enforcement of order of another state without registration" are amended to read "enforcement of support order without registration" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. 86. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 19-A, chapter 67, subchapter 6, article 3, in the article headnote, the words "registration and modification of child support order" are amended to read "registration and modification of child support order of another state" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. 87. Contingent effective date. This Act takes effect upon the ratification by the United States of the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007. The Commissioner of Health and Human Services shall notify the joint standing committee of the Legislature having jurisdiction over judiciary matters and the Revisor of Statutes when the United States has ratified the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance.