Section 144-351-5-1 - LIMITATION OF DEBTA. When a responsible parent receives public assistance for the benefit of his or her natural or adopted child(ren) living in his or her home, or receives SSI for him- or herself, the responsible parent's support obligation is automatically suspended. The automatic suspension ends, and the obligation resumes at the same level at which it was suspended, two weeks after the responsible parent stops receiving public assistance or SSI ( 19-A M.R.S. §2302 ). A debt previously incurred under 19-A M.R.S. §2301 may not be collected from a responsible parent while that parent receives public assistance or SSI, except that such a debt may be collected from nonrecurring lump sum income (as defined in 22 M.R.S. §3762(11)(A) ) of a responsible parent while that parent is an assisted obligor. Lump sum income includes, but is not limited to, federal or state tax refunds, lottery winnings, inheritances, personal injury awards and workers' compensation or other insurance settlements. Exemptions from attachment noted in 14 M.R.S. §4422(14) do not apply to child support debt.B. The custodial parent may seek to modify the effect of §2302 by filing a petition for modification with the Court, or, if an administrative order, the Department. The Court or the administrative hearing officer may, by order after hearing, modify the effect of §2302(2).C. As soon as practicable after the Department knows the responsible parent is receiving public assistance or SSI, the Department shall send notices to the responsible parent and the custodial parent notifying them of: 1. the responsible parent's receipt of public assistance or SSI; 2. the suspension in §2302(2); 3. the custodial parent's right to contest the suspension; and 4. the location where forms for the modification proceedings can be obtained. Responsible parents may request a review of a child support order online at https://www.maine.gov/dhhs/ofi/programs-services/child-support-services/request-order-review. Upon request, the Department shall provide blank forms for modification of an order issued by the Department or the court. Forms for modifying an order issued by a Maine court are also available online from the Judicial Branch at https://www.courts.maine.gov/index.html.
The Department will use automated enforcement procedures to prevent garnishment or income withholding of SSI payments or a combination of SSI payments and either SSDI or SSR benefits. Within 5 business days after the Department determines that it is in possession of funds for benefits incorrectly garnished or withheld through an income withholding order, the Department will return the SSI or concurrent SSI and SSDI or SSR benefits to the non-custodial parent.
10-144 C.M.R. ch. 351, § 5-1