Maine child support basics help parents navigate the financial responsibilities of raising children after separation or divorce. Whether you're establishing a new child support order, seeking to modify an existing arrangement, or simply want to understand your obligations, knowing the fundamental principles of Maine's child support system protects both your rights and your children's well-being.
What is Child Support in Maine?
Child support in Maine represents a legal obligation requiring parents to financially support their minor children. Under Maine law, parents have a responsibility to provide financial support for their children to the extent they are able, regardless of marital status or living arrangements.
When parents don't live together, the parent who doesn't provide primary residential care typically pays child support to the custodial parent. These payments help cover the children's basic needs, including food, housing, clothing, medical care, educational costs, and other essential expenses.
Who Must Pay Child Support?
The amount of child support and who pays it depends on custody arrangements and parental income. Generally, the parent with whom the children live most of the time (the primary care provider or custodial parent) receives support from the other parent (the non-primary care provider).
However, when parents provide substantially equal care, meaning both participate substantially equally in the child's residential, educational, recreational, child care, medical, dental, and mental health needs, the higher-income parent pays child support to the lower-income parent proportionate to the difference in their respective incomes.
How Long Does Child Support Last?
Child support obligations continue until the child turns 18. If the child is still in high school at age 18, child support continues until they finish high school or turn 19, whichever comes first.
The child support order can end earlier if the child:
- Gets married
- Joins the military
- Becomes legally emancipated
Maine's Income Shares Model
Maine follows the Income Shares Model for determining child support. This approach calculates support by estimating how much parents would spend on their children if living together as a family. The court divides this amount between parents in proportion to their respective gross incomes.
For example, if one parent earns $600 per week and the other earns $400 per week, the first parent would be responsible for 60% of the support amount ($600 ÷ $1,000) and the second parent for 40% ($400 ÷ $1,000).
Child Support Guidelines
Maine's child support guidelines provide the framework courts use when determining child support. These guidelines ensure consistency and fairness across cases while accounting for each family's specific circumstances.
The guidelines consider:
- Each parent's annual gross income
- Number of children involved
- Ages of the children (costs differ for children under vs. over 12)
- Child care costs
- Health insurance premiums
- Extraordinary medical expenses
The Child Support Table
The Maine Schedule of Basic Child Support Obligations (commonly called the child support table) shows baseline support amounts based on combined parental income and number of children. Courts use this table by default unless circumstances warrant deviation.
To use the table:
- Add both parents' annual gross incomes together
- Locate this combined income in the left-hand column
- Find the dollar figure for the total number of children
- Multiply this figure by the number of children
This calculation determines the basic support obligation before adding other expenses.
Required Forms for Child Support
Establishing a child support order requires completing specific forms:
Child Support Affidavit (Form FM-050)
Both parents must complete their own Child Support Affidavit detailing:
- Annual gross income from all sources
- Employment expenses
- Health insurance costs
- Support paid for other children
- Other relevant financial information
Sign the affidavit before a notary public, attorney, or court clerk. Exchange copies with the other parent and file the original with the court at least three days before the Case Management Conference. These affidavits remain confidential in court files.
Child Support Worksheet (Form FM-040)
Only one worksheet needs completion. This form:
- Designates the primary care provider and non-primary care provider
- Calculates combined income
- Applies the child support guidelines
- Determines each parent's proportional share
- Arrives at the final support amount
A magistrate may complete this worksheet during your court conference if you haven't done so beforehand, though completing it yourself ensures accuracy.
Supplemental Worksheet (Form FM-040-A)
When parents provide substantially equal care, this additional worksheet calculates support using "enhanced support" (basic support multiplied by 1.5) to account for maintaining two residences for children.
Calculating the Basic Support Obligation
Determining child support involves several steps:
Step 1: Calculate Combined Annual Gross Income
- Determine each parent's annual gross income
- Add both incomes together
Step 2: Apply to Child Support Table
- Locate combined income on the table
- Find the basic support amount per child
- Multiply by number of children
Step 3: Add Additional Expenses
- Child care costs (for children under 12)
- Health insurance premiums paid for the children
- Extraordinary medical expenses
Step 4: Calculate Total Basic Support Obligation The total basic support obligation equals basic support plus child care costs, health insurance premiums, and extraordinary medical expenses.
Step 5: Divide Proportionally The total basic support obligation is divided between parents in proportion to their respective gross incomes. The non-primary care provider pays their share to the primary care provider, who is presumed to spend their share directly on the children.
What Gross Income Includes
Understanding annual gross income is essential for accurate child support calculation. Gross income includes:
- Wages, salaries, tips, and bonuses
- Commissions
- Self-employment earnings (after limited business deductions)
- Disability payments
- Military pay
- Pensions and retirement benefits
- Investment income
- Rental income
- Alimony received from a former spouse (not the other parent)
- Unemployment benefits
- Value of fringe benefits (company car, housing)
Gross income does NOT include:
- Child support received for other children
- Public assistance (TANF, SSI, SNAP)
Special Circumstances and Adjustments
Courts consider special circumstances when determining child support:
Low Income: If the non-primary care provider's annual gross income is less than the federal poverty guideline, their weekly parental support obligation may not exceed 10% of weekly gross income. The child support table includes a self-support reserve for obligors earning $22,800 or less annually.
High Income: When combined annual income exceeds $400,000, the standard table doesn't apply, though basic weekly support is presumed to be at least the amount shown for $400,000 combined income.
Other Children: When the non-primary care provider is legally obligated to support other children in their household, an adjustment reduces their available income for the current child support calculation.
Substantially Equal Care: When parents have equal incomes and provide substantially equal care, neither pays the other support. They share equally in child care costs, health insurance premiums, and extraordinary medical expenses.
When parents have unequal incomes but provide substantially equal care, the higher-income parent pays support based on the enhanced support calculation.
The Role of DSER
The Department of Health and Human Services' Division of Support Enforcement and Recovery (DSER) administers and enforces child support orders in Maine. DSER offers services including:
- Establishing paternity
- Locating non-custodial parents
- Establishing child support orders
- Collecting current and past-due support
- Modifying support orders
- Enforcing support through income withholding, liens, license suspension, and other methods
For TANF Recipients: If you receive Temporary Assistance for Needy Families benefits, you automatically receive DSER services without requesting them.
For Non-TANF Recipients: You can voluntarily apply for DSER services. The federal government requires DSER to collect a $25 annual fee for cases where the state has disbursed at least $500 in child support for families not receiving TANF.
Income Withholding
Most child support orders include immediate income withholding provisions, allowing employers to automatically deduct support from paychecks. This method ensures consistent, reliable payments and is considered the most effective enforcement tool.
Modifying Child Support
Life circumstances change, and Maine law provides mechanisms for modifying child support orders:
After Three Years: Either parent can request modification without showing changed circumstances if three or more years have passed since the original order.
Before Three Years: Modification requires demonstrating that income changes would result in 15% or greater change in the support amount.
To modify support, file a written motion with the court or contact DSER's Case Review Unit.
Enforcing Child Support Orders
When obligors fail to pay support as ordered, several enforcement options exist:
- Motion to Enforce or Motion for Contempt with the court
- DSER enforcement services (income withholding, liens, license suspension, bank account garnishment, tax refund interception)
- Contempt of court charges potentially leading to fines or jail time
Getting Help
Multiple resources assist parents with Maine child support basics:
- Maine Judicial Branch: Access forms and information at courts.maine.gov
- DSER: Call (207) 624-4100 or (800) 371-7179
- Pine Tree Legal Assistance: Free legal services at ptla.org
- Courthouse Assistance Projects: Trained volunteers help complete forms at many district courts
Whether determining child support for the first time or modifying an existing child support order, knowing these fundamentals ensures children involved receive appropriate financial support while treating both parents fairly. The amount of child support depends on multiple factors including annual gross income, child care costs, health insurance premiums, and extraordinary medical expenses, all divided between parents in proportion to their respective gross incomes.