10- 144 C.M.R. ch. 351, § 5-8

Current through 2024-25, June 19, 2024

Section 144-351-5-8 - REUNITED FAMILY EXEMPTIONS

A. When a responsible parent informs the Department that the parent has reunited with the former TANF recipient and the child or children for whom past-due support is owed, the amount of income withholding should not exceed 20 percent of the family earnings that exceed the federal poverty guidelines for a family of that size, unless the responsible parent requests withholding of a greater amount. Receipt of lump sum monies by the reunited family is not to be considered as part of the family earnings and is subject to collection action by the Department. Examples of lump sum monies include, but are not limited to: federal or state tax refunds, lottery winnings, inheritances, personal injury awards and workers' compensation or other insurance settlements. This limitation applies only to debts owed to the Department.

B. The Department may not collect a child support debt from a responsible parent when the child for whom the public assistance debt is owed lives with the responsible parent, and that parent receives MaineCare for the child, so long as the MaineCare grant is needs-based. Such a debt may, however, 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. The child support debt must be owed to the Department and must be for the child now residing with the responsible parent. This limitation applies only to debts owed to the Department and not to debts owed directly to an obligee.