Child Support in Maine: How It Works and What to Expect
Understand how Maine's child support system determines obligations, enforces compliance, and adapts to changing family circumstances.
Child support is a critical component of ensuring children’s financial stability when their parents live separately. Maine’s system aims for fairness and consistency, prioritizing the child’s needs. Understanding this process is essential for parents navigating separation or divorce, whether seeking or paying support.
Eligibility to Seek Court Orders
In Maine, both parents are legally obligated to support their children financially, irrespective of marital status. This duty typically lasts until a child turns 18, or 19 if still enrolled full-time in high school.
Generally, the parent who provides the child’s primary residence can seek a child support order from the other parent. Establishing legal parentage is sometimes required first, especially if the parents were unmarried. Maine law provides pathways for establishing parentage through voluntary acknowledgment, genetic testing, or court action.
Maine also recognizes “de facto parents”—individuals who, while not legal parents, have formed a strong parental bond and consistently cared for a child with the encouragement of a legal parent.1Maine Legislature. Title 19-A, §1891: De Facto Parentage A court can grant such individuals parental rights and responsibilities, which may include seeking or paying child support. An order involving a de facto parent does not typically remove the financial obligation of the child’s legal parents. The state, through the Department of Health and Human Services (DHHS), may also pursue support orders, particularly when a child receives public assistance.
Filing a Petition
A parent can initiate a child support case by filing legal documents with the Maine District Court or by seeking assistance from the DHHS Division of Support Enforcement & Recovery (DSER). DSER can help locate the other parent, establish parentage if necessary, and file the required court paperwork.2Maine Department of Health and Human Services. DSER Guide to Services Applying for DSER services can often be done online or by mail.
To file directly with the court, a parent typically submits a “Complaint for Parentage, Parental Rights & Responsibilities, & Child Support.” This document outlines details about the parents, the child, and the support being requested. A “Child Support Affidavit,” detailing financial information, and a “Family Matter Summons and Preliminary Injunction,” obtained from the court clerk, are usually required as well.
Filing these documents incurs a court fee, currently $120, though individuals with low income may apply for a fee waiver.3Pine Tree Legal Assistance. Maine Court Fee Waivers After filing, the other parent must be formally notified through a process called “service,” typically involving personal delivery of the complaint and summons by a sheriff or other authorized adult who is not part of the case. Proper service ensures the other parent is aware of the action and can respond. Proof of this service must be filed with the court.
Calculating Payment Amounts
Maine calculates child support using the Income Shares Model, based on the principle that children should receive a share of parental income similar to what they would have received if the parents lived together.4Maine Legislature. Title 19-A, §2006: Support Guidelines The process starts by determining each parent’s annual gross income, which includes earnings from most sources like wages, salaries, bonuses, self-employment income (after necessary business expenses), and benefits like pensions or workers’ compensation. If a parent is found to be voluntarily unemployed or underemployed, the court may assign an income level based on their earning potential.
Certain deductions are subtracted from gross income to find the adjusted annual gross income. These can include payments for pre-existing spousal or child support orders for other individuals. An adjustment may also apply if a parent supports other children living in their household.
The parents’ adjusted annual gross incomes are combined. This total, along with the number of children needing support, is used with Maine’s Schedule of Basic Child Support Obligations.5Maine Legislature. Title 19-A, Chapter 63: Child Support Guidelines This state-issued table provides a weekly support amount based on combined income levels. Costs for work-related childcare (for children under 12), health insurance premiums for the child, and significant, recurring uninsured medical expenses (over $250 per child annually) are added to this basic amount to determine the total support obligation.
This total obligation is then divided between the parents based on their proportional shares of the combined adjusted income. Typically, the parent who does not have primary physical custody pays their share to the primary caregiver. The calculations are performed using a Child Support Worksheet.6Maine Judicial Branch. Child Support Different calculation methods apply if parents share caregiving responsibilities nearly equally or if parental income is very low (near the federal poverty level) or very high (exceeding $400,000 annually).
While these guidelines establish a presumed support amount, a court can deviate if applying the guidelines would be unfair or unjust in a specific case.7Maine Legislature. Title 19-A, §2007: Deviation From Child Support Guidelines A parent requesting a deviation must explain why the standard calculation is inappropriate. The court must provide written justification for any deviation, considering factors like the child’s own financial resources or unusually high transportation costs for parent-child visits.
Enforcement Measures
Once a child support order is in place, the paying parent is legally required to make payments consistently. If payments are missed, Maine’s Division of Support Enforcement & Recovery (DSER) has several tools to enforce the order and collect overdue support, known as arrears.8Maine Legislature. Title 19-A, Chapter 65: Support Enforcement
A primary enforcement method is the Immediate Income Withholding Order (IWO). Most support orders automatically include this provision, directing the paying parent’s employer to deduct support payments directly from wages and send them to the state for distribution. Federal law limits the percentage of income that can be withheld. Employers cannot penalize employees because of an IWO.
If income withholding isn’t possible or effective, DSER can pursue other actions. Liens may be placed on the non-paying parent’s real estate or personal property (like vehicles), preventing sale or transfer until the support debt is paid.9Maine Legislature. Title 19-A, §2357: Liens DSER can also intercept state and federal tax refunds and lottery winnings to cover arrears.
Through data matching with financial institutions, DSER can identify bank accounts held by parents owing support and issue orders to freeze and seize funds. Furthermore, DSER can initiate the suspension or denial of driver’s, professional, recreational (like hunting or fishing), and even U.S. passports for parents significantly behind on payments (often 60 days or more).10Pine Tree Legal Assistance. Child Support Collection in Maine: What Can DHHS Do to Make Me Pay? The parent is typically notified and given a chance to arrange payment before suspension occurs.
Courts can also enforce orders through contempt proceedings. If a parent willfully fails to pay court-ordered support despite having the ability to do so, the court can find them in contempt. Sanctions may include fines or jail time until the parent complies or makes arrangements to pay the arrears. The goal is primarily to compel payment, not just to punish. Unpaid child support obligations also accrue interest over time, increasing the total amount owed.
Modifying Existing Orders
Parental circumstances and children’s needs can change, potentially requiring adjustments to existing child support orders. Maine law allows for modification upon a showing of a “substantial change in circumstances” since the last order was issued.11Maine Legislature. Title 19-A, §2009: Modification of Existing Support Orders
A significant change in either parent’s income is a common reason for modification. If recalculating support using current financial information results in an amount that differs by more than 15% from the existing order (and the order is less than three years old), this generally qualifies as a substantial change. Other qualifying changes might include shifts in parenting time, significant changes in childcare or health insurance costs, or new dependents for either parent. If an order is at least three years old, a parent can request a review based on current guidelines without needing to demonstrate the 15% difference or another specific substantial change.
To request a modification, a parent files a “Motion to Modify” with the court that issued the original order, along with an updated “Child Support Affidavit” detailing their current finances and the reason for the request.12Maine Judicial Branch. Changing or Enforcing a Final Order in a Family Matters Case There is usually no filing fee solely for modifying child support.
The requesting parent must formally serve the motion on the other parent, who then has a set time (typically 30 days) to respond. If there is no objection, the court might modify the order based on the motion, provided the requested amount aligns with state guidelines. If there is disagreement, the case may be referred to mediation before a court hearing. DSER can also assist parents with the modification process, especially if already involved in the case.
Crucially, modifications generally only apply retroactively to the date the motion was served on the other parent. Support that accrued under the old order before service remains due. Parents cannot unilaterally reduce payments based on changed circumstances; a formal court order is required to alter the legal obligation moving forward.
Out-of-State Support Orders
When parents reside in different states, establishing and enforcing child support involves the Uniform Interstate Family Support Act (UIFSA), adopted by Maine and all other states.13Maine Legislature. Title 19-A, Chapter 67: Uniform Interstate Family Support Act UIFSA provides rules to determine which state has the authority to issue or modify an order and ensures that orders from one state are recognized elsewhere. Its main purpose is to prevent conflicting orders and ensure only one valid support order exists at a time.
Under UIFSA, the state that issues the initial child support order usually retains “continuing, exclusive jurisdiction” (CEJ) to modify it, as long as the child or one of the parents still lives in that state. If a Maine court issued the order, Maine generally keeps control unless everyone involved moves away or the parties agree in writing to transfer jurisdiction to another state where one party resides.
If a Maine parent needs to establish support against a parent in another state, Maine courts may have jurisdiction under specific conditions outlined in UIFSA, such as if the non-resident parent was served in Maine or if the child lives in Maine due to that parent’s past actions. DSER can assist in these interstate cases, coordinating with the other state’s child support agency.
An existing, valid child support order from another state can be registered for enforcement in Maine if one parent moves there. Once registered following UIFSA procedures, the order is treated like a Maine order for enforcement purposes, allowing DSER to use tools like income withholding. Maine also has procedures for recognizing and enforcing orders from certain foreign countries, often facilitated through DSER and international agreements.
