10- 144 C.M.R. ch. 351, § 7-3

Current through 2024-51, December 18, 2024
Section 144-351-7-3 - SUBSISTENCE NEEDS OF A RESPONSIBLE PARENT (19-A M.R.S. section 2006[5][C])
A. The term "federal poverty guideline" ( 19-A M.R.S. §2006 [5][C]), for the purpose of a determination under 19-A M.R.S. §2006(5)(C), shall be deemed to refer to the federal poverty income guideline for one person for the year in which the obligation is being set.
B. "Subsistence Needs" shall be defined as the minimum basic necessities necessary to support life.
C. "Basic necessities," for the purpose of a determination of subsistence needs under 19-A M.R.S. §2006(5)(C), include food, clothing, shelter, fuel, electricity, non-elective medical services as recommended by a physician, prescription drugs, and telephone where it is necessary for medical reasons.
D. The responsible parent has the burden of presenting evidence that his or her income is insufficient to meet work-related expenses and basic necessities. If the responsible parent presents evidence in support of such an assertion, a request by the Division for a continuance to enable it to rebut the responsible parent's evidence shall be granted.
E. Subsection D. does not limit the role, authority or responsibility of a hearing officer under Regulation V(D)(1)(d) and Regulation V(D)(1)(f) of the Department's Administrative Hearings Manual.

10- 144 C.M.R. ch. 351, § 7-3