10- 144 C.M.R. ch. 351, § 10-3

Current through 2024-44, October 30, 2024
Section 144-351-10-3 - REQUIREMENTS FOR A NOTICE OF DEBT

The Notice of Debt ("Notice") will include:

A. A statement of the debt accrued or accruing pursuant to an order issued administratively, by a court or a recognized tribunal with the authority to issue child support orders under 19-A M.R.S. §2301.NOTE:After liquidation by the Notice of Debt, and from the date of receipt of the Notice by the obligor forward, each accrual of the child support order becomes a judgment due and payable on the day it accrues. These accruals are consequently added to the debt amount stated on the face of the Notice of Debt. The debt and accruals are legally enforceable using methods and remedies articulated in Article 3: Alternative Method of Support Enforcement of 19-A, Chapter 65, Maine Revised Statutes.
B. A statement of the terms of the support order, including the names of each dependent child;
C. A statement that any property of the debtor is subject to lien and foreclosure, administrative seizure and disposition, order to withhold and deliver or other collection actions, and that any debt determined to be owed by the responsible parent may be reported to a consumer reporting agency;
D. A demand for payment of the support debt within 20 days of receipt of the Notice of Debt;
E. A statement that the net proceeds of any collection action will be applied to the satisfaction of the support debt accrued and accruing pursuant to the order for support on which the debt is based.
F. A statement that debts enforced using remedies activated by the liquidation of the Notice of Debt pursuant to 19-A M.R.S. §2352 are not subject to the exemptions enumerated in Maine Revised Statutes, Title 14, Chapter 507, Subchapter 2, Article 7.
G. A statement that the responsible parent has the right to request a hearing under 19-A M.R.S. §2451, or, in the alternative, to seek relief in a court of proper jurisdiction;
H. A statement that at the administrative hearing only the following issues may be considered (see also Chapter 12, Maine Child Support Enforcement Manual, below):
(1) The receipt of public assistance by the responsible parent;
(2) Uncredited cash payments;
(3) The amount of the debt accrued and accruing, excluding debts previously liquidated;
(4) The accuracy of the terms of the support order as stated in the Notice of Debt; and
(5) The maintenance of any required medical or dental insurance coverage;
I. A statement that the department will stay collection action upon receipt of a request for review under 19-A M.R.S. §2451 or on service of pleadings filed in a court of proper jurisdiction.

In addition to conforming to the requirements of 19-A M.R.S. §2352(1), a Notice of Debt may contain such other notices to and information for the responsible parent as the Division deems appropriate.

10- 144 C.M.R. ch. 351, § 10-3