SP0614, LD 1562, item 1, An Act To Make Technical Changes to the Laws Governing Child Support

An Act To Make Technical Changes to the Laws Governing Child Support

Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas, the Maine Parentage Act and changes to rules governing the child support table take effect July 1, 2016; and

Whereas, it is necessary for corrections to the child support guidelines to take effect on the same date that the Maine Parentage Act and changes to rules governing the child support table take effect; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

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

Sec. 1. 19-A MRSA §1653, sub-§13, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is repealed.

Sec. 2. 19-A MRSA §2001, sub-§1, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:

1. Basic support entitlement. "Basic support entitlement" means the sum derived from the child support table appropriate to the age of for each child and the parties' gross income.

Sec. 3. 19-A MRSA §2001, sub-§11, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is repealed.

Sec. 4. 19-A MRSA §2006, sub-§1, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:

1. Determination of basic support entitlement. After the court or hearing officer determines the annual gross income of both the parties, the 2 incomes must be added together to provide a combined annual gross income and applied to the child support table to determine the basic support entitlement for each child. If there are more than 2 legal parents, the incomes of all legal parents must be added together to provide a combined annual gross income for purposes of determining the basic support entitlement for each child.

When there is a child within each age category, the The court or hearing officer shall refer to the table and locate the figure in the left-hand column that is closest to the parents' combined annual gross income. In each age category the The court or hearing officer shall determine the dollar figure for the total number of children for whom support is being determined , and multiply the dollar figure in each age category by the number of children in that category and add the 2 products. The resulting dollar amount represents the basic support entitlement.

Sec. 5. 19-A MRSA §2006, sub-§4, as amended by PL 2005, c. 352, §3, is further amended to read:

4. Computation of parental support obligation. The total basic support obligation must be divided between the all parties in proportion to their respective gross incomes. The court or hearing officer shall order the each party not providing primary residential care to pay, in money, that party's share of the total basic 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. Both All parents are equally responsible for child support if a caretaker relative provides primary residential care for the child. The caretaker relative's income may not be considered in determining the parents' child support obligation.

Sec. 6. 19-A MRSA §2006, sub-§5, ¶A, as amended by PL 2015, c. 186, §3, is further amended to read:

A. When the a parent who is not the primary care provider is legally obligated to support a child in that party's household other than the child for whom a support order is being sought, an adjustment must be made to that party's parental support obligation. The adjustment is made by using the nonprimary residential care provider's annual gross income to compute a theoretical support obligation under the support guidelines for each child in that household. Neither the child support received by nor the financial contributions of the other parent parents of each child in the household are considered in the theoretical support calculation. The obligation is then subtracted from the annual gross income, and the adjusted income is the amount used to calculate support. The adjustment is used in all appropriate cases.

Sec. 7. 19-A MRSA §2006, sub-§5, ¶C, as amended by PL 2011, c. 34, §2, is further amended to read:

C. The subsistence needs of the nonprimary care provider providers must be taken into account when establishing the parental support obligation. If the annual gross income of the a nonprimary care provider is less than the federal poverty guideline, the that nonprimary care provider's weekly parental support obligation may not exceed 10% of the that 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 a nonprimary care provider's annual gross income, without adjustments for children in the household, 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 that 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 providers' proportional share of childcare child care, 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. 8. 19-A MRSA §2006, sub-§5, ¶D, as amended by PL 2003, c. 415, §9, is further amended to read:

D. When any of the parties have equal annual gross incomes and provide substantially equal care for each child for whom support is being determined, neither party is none of those parties are required to pay the other any other of those parties a parental support obligation. The Those parties shall share equally the child care costs, health insurance premiums and uninsured medical expenses.

Sec. 9. 19-A MRSA §2006, sub-§5, ¶D-1, as enacted by PL 2003, c. 415, §10, is amended 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 enhanced support entitlement for each child must be determined.

(2) Using the enhanced support entitlement, a parental support obligation for each child must be determined by dividing the total enhanced support obligation between among the parties in proportion to their respective gross incomes.

(3) The A party with the a higher annual gross income than another party has a presumptive obligation to pay the other party the lower of:

(a) The difference between their parental support obligations as calculated in subparagraph (2); and

(b) The presumptive parental support obligation determined for the payor party using the basic support entitlement under the support guidelines as though the other party provided primary residential care of the child.

(4) The parties shall share the child care costs, health insurance premiums and uninsured medical expenses in proportion to their incomes.

Sec. 10. 19-A MRSA §2006, sub-§6, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is repealed.

Sec. 11. 19-A MRSA §2006, sub-§7, ¶¶B and C, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, are amended to read:

B. The annual gross income of each party and the combined annual income of both the parties;

C. The amount of the basic weekly support entitlement attributable to each child under 12 years of age, as indicated per child per week on the child support table;

Sec. 12. 19-A MRSA §2006, sub-§7, ¶D, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is repealed.

Sec. 13. 19-A MRSA §2006, sub-§7, ¶G, as amended by PL 2003, c. 415, §11, is further amended to read:

G. The parental support obligation of the party parties ordered to pay child support; and

Sec. 14. 19-A MRSA §2006, sub-§8, ¶D, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is repealed.

Sec. 15. 19-A MRSA §2006, sub-§11 is enacted to read:

11. Child between 18 and 19 years of age attending secondary school. The child support table and the support guidelines include a child between 18 and 19 years of age who is attending a secondary school for whom an obligation of support is established or deemed to remain in force pursuant to section 1653, subsection 8, paragraph B; section 1653, subsection 12, paragraph A; or section 2306, subsection 4, paragraph D.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect July 1, 2016.

summary

This bill amends the laws governing child support guidelines to conform to the Maine Parentage Act and to changes made by the Department of Health and Human Services by rule that eliminate the age categories in the child support table.

SP0614 LD 1562	Session - 127th Maine Legislature		LR 2466 Item 1
	Bill Tracking, Additional Documents	Chamber Status

Bill Tracking		Chamber Status
Amendments	Testimony, Public Hearings & Work Sessions		Committee Information for this Bill
Other Documents			Title & Section

Search Bill Text		Search Bill Status
Bill Directory	Current Committees		Legislative Information
Download MS-Word, Printed PDF		Maine Legislature

Office of Legislative Information 100 State House Station Augusta, ME 04333		voice: (207) 287-1692 fax: (207) 287-1580 tty: (207) 287-6826
Word Viewer for Windows		Disclaimer