SP0030
LD 81		 Session - 128th Maine Legislature
 
 LR 346
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act Regarding the Payment of Back Child Support

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

Sec. 1. 14 MRSA §864  is amended to read:

§ 864. Presumption of payment after 20 years

Every judgment and decree of any court of record of the United States , or of any state , or justice of the peace in this State shall be is presumed to be paid and satisfied at the end of 20 years after any duty or obligations accrued by virtue of such judgment or decree , except for a child support order under Title 19-A, section 1653, subsection 8.

Sec. 2. 19-A MRSA §1653, sub-§12,  as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:

12. Termination of order.   A court order requiring the payment of child support remains in force as to each child until the order is altered by the court or until that child:
A. Attains 18 years of age. For orders issued after January 1, 1990, if the child attains 18 years of age while attending secondary school as defined in Title 20-A, section 1, the order remains in force until the child graduates, withdraws or is expelled from secondary school or attains 19 years of age, whichever occurs first;
B. Becomes married; or
C. Becomes a member of the armed services.

The equitable defense of laches is unavailable in any action to enforce a judgment, order or mutually consensual and legally binding financial agreement pertaining to child support.

summary

This bill removes the presumption that a child support order has been paid after 20 years and clarifies that the equitable defense of laches is unavailable in actions to enforce a child support judgment or agreement.

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