10- 144 C.M.R. ch. 351, § 14-2

Current through 2024-44, October 30, 2024

Section 144-351-14-2 - EXEMPT PROPERTY

A. Weekly earnings. Pursuant to 19-A M.R.S. §2356, the maximum part of a responsible parent's weekly aggregate disposable earnings that are subject to garnishment or income withholding initiated pursuant to the Alternative Method of Support Enforcement is:

1. Fifty percent (50%) of the responsible parent's weekly earnings when the responsible parent is supporting a spouse or dependent child, other than the spouse or child for whose benefit garnishment or income withholding is initiated;

2. Fifty-five percent (55%) of the responsible parent's weekly earnings when the responsible parent is supporting a spouse or dependent child other than the spouse or child for whose benefit garnishment or income withholding is initiated, providing that the support arrearage owed by the responsible parent has been owed for at least twelve (12) weeks;

3. Sixty percent (60%) of the responsible parent's weekly earnings when the responsible parent is not supporting a spouse or dependent child, other than the spouse or child for whose benefit garnishment or income withholding is initiated; and

4. Sixty-five percent (65%) of the responsible parent's weekly earnings when the responsible parent is not supporting a spouse or dependent child, other than the spouse or child for whose benefit garnishment or income withholding is initiated, providing that the support arrearage owed by the responsible parent has been owed for at least twelve (12) weeks.

B.Other property. Property exempt from garnishment or income withholding under federal law is exempt from garnishment or income withholding initiated pursuant to the Alternative Method of Support Enforcement. Exemptions from attachment noted in 14 M.R.S. §4422(14) do not apply to child support debt.

C. For purposes of this Chapter, "Weekly aggregate disposable earnings" is defined as the responsible parent's weekly disposable earnings from all sources. "Disposable earnings" and "earnings" are defined as in 19-A M.R.S. §2101(5) and (6), respectively.

10- 144 C.M.R. ch. 351, § 14-2