Maine Child Support

Child support represents the financial obligation parents have to provide for their children's basic needs, including housing, food, clothing, education, healthcare, and other essential expenses. Under Maine law, both parents share responsibility for financially supporting their minor children, regardless of marital status or custody arrangements.

When parents don't live together, the parent with whom the child doesn't primarily reside typically pays monthly child support to help the custodial parent cover the costs of raising the child. This obligation continues until the child reaches age 18, or if the child is still in high school at 18, until they graduate or turn 19, whichever comes first.

Child support obligations can end earlier if the child gets married, joins the military, or becomes legally emancipated. However, Maine courts don't have the authority to order child support for expenses beyond a child reaching majority, though parents can enter binding contractual agreements about college expenses if those agreements are specific and defined.

Legal Basis for Child Support in Maine

Maine law establishes that parents have a legal duty to provide financial support for their children to the extent they are able. This responsibility exists regardless of whether parents were married, are divorced, or never married. The Department of Health and Human Services plays a central role in administering and enforcing child support orders throughout the state.

Child support orders can be established through:

• Divorce proceedings
• Parental Rights and Responsibilities cases (for unmarried parents)
• Separate child support actions
• Temporary Protection from Abuse orders

How Child Support is Calculated

Maine uses Child Support Guidelines that provide a standardized formula for calculating support amounts. This approach ensures consistency and fairness across cases while accounting for each family's specific circumstances.

Step 1: Complete Child Support Affidavits

Both parents must complete a Child Support Affidavit (Form FM-050), which requests detailed information about:

• Gross income from all sources
• Employment expenses
• Health insurance costs for the children
• Childcare expenses
• Support paid for other children

Each parent signs their affidavit in front of a notary public, attorney, or court clerk, then files it with the court before the Case Management Conference. These affidavits are confidential in court files and not accessible to the public. Parents exchange copies with each other to ensure transparency about financial circumstances.

Step 2: Use the Child Support Worksheet

Once both parents have exchanged income information, they complete a Child Support Worksheet (Form FM-040) using data from their affidavits. The worksheet includes detailed instructions and designates one parent as the "Primary Care Provider" (the parent with whom children live most of the time) and the other as the "Non-Primary Care Provider."

The worksheet applies the Child Support Guidelines to determine the basic support obligation based on the combined parental income and the number of children. It also provides credits for:

• Daycare expenses paid by each parent
• Medical expenses for children
• Health insurance costs
• Support paid for other children or former spouses
• Other children living in the non-primary care provider's household

Step 3: Apply the Schedule of Basic Support Obligations

Maine's guidelines include a Schedule of Basic Support Obligations showing baseline support amounts based on combined parental income and number of children. The non-primary care provider pays a portion equal to their percentage of the combined income.

Substantially Equal Care

If both parents provide "substantially equal care", meaning both participate substantially equally in the child's residential, educational, recreational, childcare, medical, dental, and mental health needs, you must also complete a Supplemental Worksheet (Form FM-040-A).

When parents have substantially equal incomes and shared residency, neither may be required to pay child support to the other, though both may still share costs for health insurance, uninsured medical expenses, and daycare. If parents have unequal incomes with shared residency, the higher-earning parent pays support to the lower-earning parent based on the supplemental calculations.

Deviations from Guidelines

Courts can deviate from the guidelines if evidence shows good reason to do so. Common reasons for deviation include:

The Role of Maine DHHS and DSER

The Maine Department of Health and Human Services (DHHS), through its Division of Support Enforcement and Recovery (DSER), plays a critical role in child support enforcement. DSER offers child support enforcement services to help parents collect support, establish paternity, and ensure children receive financial support from both parents.

Services Provided by DSER

DSER can assist with:

• Establishing child support orders
• Locating non-custodial parents
• Establishing paternity when necessary
• Collecting current child support payments
• Collecting past-due support (arrearages)
• Modifying existing support orders
• Enforcing support orders through various methods
• Intercepting tax refunds for overdue support
• Reporting delinquent obligors to credit bureaus

Who Must Use DSER Services

Temporary Assistance for Needy Families (TANF) Recipients: If you receive TANF benefits or other qualifying income-based benefits, you automatically receive child support services from DSER. The state may retain some collected support to reimburse itself for TANF assistance provided.

Non-TANF Recipients: Parents who have never received public assistance can voluntarily request DSER services. The federal government requires DSER to collect a $25 annual fee for each case where the state has disbursed at least $500 in child support for families not receiving TANF cash assistance.

Contacting DSER

You can reach DSER through:

• Phone: (207) 624-4100 for representatives
• Voice Response System: (800) 371-7179 or (207) 624-7830
• Online: Through the Department of Health and Human Services website
• Mail: Case Initiation Unit for new applications

Income Withholding: The Primary Enforcement Tool

Nearly all child support orders in Maine include immediate income withholding provisions. This means employers automatically deduct child support from the obligor's paycheck before they receive it, then send payments directly to the appropriate agency or recipient.

How Income Withholding Works

Maine law requires that child support orders include immediate income withholding from the obligor's income, effective from the date of the support order, regardless of whether payments are past due. The support order must specify:

• Amount of income to be withheld for current support
• Notice that income withholding can be implemented by serving an attested copy of the support order and required notice on the obligor's employer
• Instructions on where to obtain the payor notice
• Notice that withholding may collect arrearages in addition to current support
• Notice that withholding cannot exceed limitations imposed by federal law (15 USC § 1673(b))
• Notice that employers must withhold a $2 per pay period fee in addition to support amount

Limitations on Withholding Amounts

Federal law limits how much can be withheld from wages for child support:

When supporting other dependents:

• Up to 50% of disposable income for current support
• Up to 55% if 12 weeks or more behind on payments

When not supporting other dependents:

• Up to 60% of disposable income for current support
• Up to 65% if 12 weeks or more behind on payments

Disposable income means gross income minus legally required deductions (taxes, Social Security, Medicare). It does not mean income after discretionary expenses.

Unemployment Benefits and Income Withholding

If you're unemployed and owe child support, DHHS can take up to 65% of your unemployment insurance benefits. However, restrictions apply, and you may be able to contest the amount based on your specific circumstances.

Protected Income and Property

Certain income sources are protected from child support collection in Maine:

Protected Income:

• Temporary Assistance for Needy Families (TANF)
• Supplemental Security Income (SSI)
• Supplemental Nutrition Assistance Program (SNAP/Food Stamps)
• General Assistance
• Child support received for other children in your household

Individuals receiving TANF or SSI are not required to pay child support while receiving these benefits, even if back support payments are owed. However, lump-sum payments received during this time, such as personal injury settlements, inheritances, or lottery winnings, can be subject to collection.

Protected Property:

• $47,500 of equity in your home
• Equity in one motor vehicle (up to $5,000)
• Household items up to $200 per item
• Tools, materials, and equipment necessary for trade/business (up to $5,000)
• Heating furnaces or stoves, one cooking stove, and fuel
• Six-month food supply or gardening equipment to grow food
• Farm equipment required for commercial farming
• Commercial fishing boats weighing less than five tons
• Prescription health aids

Enforcement Actions Available to DHHS

When obligors fail to pay child support as ordered, DSER has numerous enforcement tools:

Property Liens

DSER can place liens on property you own, preventing you from selling it or using it as collateral. While the department can attempt to foreclose on liens, protected property remains exempt from seizure and sale.

License Suspension

DSER can revoke or suspend various licenses for non-payment:

• Driver's licenses
• Professional licenses
• Occupational licenses
• Recreational licenses (hunting, fishing)
• Passports

Financial Account Actions

DSER can:

• Collect directly from bank accounts
• Intercept lottery winnings
• Seize tax refunds (state and federal)
• Report child support debt to credit bureaus

Medical Support Notices

DSER can issue Medical Support Notices requiring employers to add children to health insurance plans and deduct premiums from wages. Parents typically must provide health insurance for their children as part of child support obligations.

Modifying Child Support Orders

Life circumstances change, and Maine law provides mechanisms to modify child support orders when appropriate.

Time-Based Modifications

After three years from the date of the original child support order, either parent can request that the court re-examine the order and perform new calculations based on current circumstances.

Change-in-Circumstances Modifications

If less than three years have passed since the original order, you can request modification only if:

• A change in your income or the other parent's income would result in a 15% or greater change in the child support amount
• Other substantial changes in circumstances warrant modification

To modify child support, you must file a written motion with the court. If enrolled in DSER services, contact your local office for assistance. If not enrolled, you'll file a Motion to Modify with the family court.

Enforcing Child Support Orders

If the other parent isn't paying child support as ordered, you have several enforcement options:

Motion to Enforce or Motion for Contempt

You can file a motion with the court requesting enforcement of the child support order. The court can impose various sanctions on non-paying parents, including:

• Ordering payment of arrearages
• Imposing fines or penalties
• In extreme cases, jail time for contempt

DSER Enforcement Services

As detailed above, DSER provides comprehensive enforcement services for both TANF and non-TANF families. DSER's enforcement actions often prove more effective than individual efforts because the agency has authority to use multiple enforcement mechanisms simultaneously.

Income Withholding Orders

If not already in place, immediate income withholding can be implemented by serving an attested copy of the support order and required notice on the obligor's employer. DSER can implement income withholding without providing an attested copy of the support order in some circumstances.

Applying for Child Support Services

If you apply for or receive TANF benefits, the state automatically initiates a child support case. You must cooperate with DSER in establishing paternity and obtaining support unless you can demonstrate "good cause" for not doing so.

Good cause exceptions exist when naming the other parent could put you or your child in danger. If you fear domestic violence, speak with your TANF worker about good cause provisions that allow you to receive benefits without revealing information about the child's other parent.

For Non-TANF Recipients

You can apply for Child Support Services (CSS) to access paternity establishment, order enforcement, and collection assistance. If you've never received TANF, you'll pay a $25 annual federal fee for CSS.

To apply, contact the Case Initiation Unit at (207) 624-4100 or submit questions through the online form on the DHHS website. You'll need:

• A complete Maine court order (if your order is from Maine)
• Three certified copies of the court order (if from another state)
• Statement of Child Support Paid form (if the other parent owes arrearages)

Payment Methods and Timing

Child support payments in Maine typically occur weekly on Fridays (with funds available Monday), though parents can agree to biweekly or monthly payments. Courts rarely order alternative payment schedules without parental agreement.

Payment Options:

Through CSS: Pay support through the CSS office, which deposits funds on a U.S. Bank card for the recipient.

Direct Payment: Obligor can pay directly to obligees through direct deposit, check, or mobile payment apps like Venmo. However, when paying directly, maintain meticulous records to prove payment if disputes arise.

Domestic Violence Considerations

If you're experiencing domestic violence and fear that the other parent will harm you or your child, help is available:

• Maine Coalition Against Domestic Violence: 1-866-834-HELP (4357)
• TTY/TRS: (800) 787-3224
• Available 24/7 for free, confidential support

When receiving TANF benefits, if you fear that naming the other parent may endanger you or your child, you may qualify for "good cause" to receive benefits without providing this information. Speak with your TANF worker about good cause provisions.

Keeping Records

Whether you're the custodial or non-custodial parent, maintaining detailed records of all child support payments and child-related expenses is essential. Document:

• Every payment made or received, with dates and amounts
• Receipts for child-related expenses
• Communications about support with the other parent
• Any deviations from the court order
• Medical, educational, and childcare expenses

Thorough documentation protects both parents by providing evidence of compliance with court orders and can be crucial if disputes arise or modifications become necessary.

Maine's child support system balances the needs of children with fair treatment of both parents. Understanding how support is calculated, the role of DHHS and DSER in enforcement, income withholding procedures, and your rights and obligations helps you navigate this system effectively.

Whether you're establishing a new child support order, seeking to enforce an existing order, or need to modify support due to changed circumstances, resources are available through Maine courts, DHHS, and family law attorneys. The primary goal remains ensuring children receive the financial support they need from both parents while maintaining processes that are fair, enforceable, and responsive to families' changing needs.