10- 144 C.M.R. ch. 351, § 8-9

Current through 2024-44, October 30, 2024

Section 144-351-8-9 - HOW THE SUPPORT OBLIGATION IS DETERMINED

A. A current parental support obligation is established in accordance with the support guidelines, unless the amount of the obligation is established pursuant to 19-A M.R.S. §2007.

B. If the Department determines that health insurance coverage is available to the responsible parent at reasonable cost, the Department must establish the responsible parent's obligation to provide health insurance coverage for the dependent child or children, effective immediately. Whether the cost of health insurance is reasonable is determined by Chapter 25(1)(D). If the Department determines that health insurance coverage is not available at a reasonable cost, the Department must establish an obligation on the part of the responsible parent to obtain health insurance coverage as soon as it becomes available at a reasonable cost.

C. The amount of a responsible parent's debt for past necessary support is established by applying the most current child support guidelines to the period(s) for which the custodial parent or the Department is entitled to support.

1. A debt may only be established for periods in which no court Support Order exists, and may only be established for the six year period preceding service of the Notice required by Section 4.

2. A debt for past necessary support may be owed to the Department, to a custodial parent, to another state, or to any other person (as defined by 19-A M.R.S. §101(6) ) who has provided necessary support for the child or children.

3. Individuals who receive TANF, or received AFDC, from the Department assign all support rights to the Department pursuant to 19-A M.R.S. §2369, as required by 42 U.S.C. § 602(a)(26)(A) and 45 C.F.R. §233. The Division may attempt to establish a debt for past necessary support for any period for which support rights have been assigned to the Department, within the limitations in Paragraph 1. The Department shall distribute collections from debts for past necessary support that are assigned to the Department pursuant to 19-A M.R.S. §2401, to the extent permitted by 42 U.S.C. § 657(b)(4) and 45 C.F.R. §302.51.

4. If the responsible parent has been sanctioned to repay an AFDC or TANF overpayment to the Department, the Department shall not obligate him or her to repay past necessary support for the same period covered by the overpayment.

5. As part of the responsible parent's debt for past necessary support, the Division may establish a debt owed by the responsible parent for medical expenses. The amount of a responsible parent's debt for medical expenses is determined by multiplying the total of all qualified medical expenses (see Chapter 2 for the definition of "qualified medical expense") for a given year by the responsible parent's percentage share of the total support obligation (as defined by 19-A M.R.S. §2001(10) ) for the same year. The responsible parent's total debt for medical expenses is the sum of the medical debt for each year.

The responsible parent's net medical debt is the difference between the total medical debt and the amount for which the responsible parent is entitled to receive credit. In order to receive credit, the responsible parent must document that he or his insurer has paid all or part of the qualified medical expenses that comprise the total medical debt. Credit is limited to the actual amount paid.

D. If a responsible parent who has been served a Notice under Section 4 does not provide evidence of his or her income, and there is a lack of sufficient reliable information about the responsible parent's present or past income, the Department must presume for the purpose of calculating a current support obligation and/or a debt for past necessary support that the responsible parent has and/or had an earning capacity equal to the average weekly wage of a worker within this State for the applicable years, as determined by the statistics published by the Department of Labor each year. The Department may conclude for the purpose of calculating a current support obligation and/or a debt for past necessary support that the responsible parent's income for the applicable years is greater or less than the average weekly wage if there is sufficient reliable evidence to reasonably conclude that the responsible parent had a greater or lesser actual income.

E.Credits:Whenever a debt for past necessary support is established, the Division shall subtract the aggregate of the credits set forth in Paragraph 1, below, to which the responsible parent has established his or her entitlement. The remainder is the responsible parent's net debt for past necessary support, which is the responsible parent's debt accrued under 19-A M.R.S. §§1553, 2103(6) and/or 2301, as applicable.

1.Authorized credits

a. Money received by the Department and posted against the responsible parent's obligation or debt for the period(s) for which the debt was established.

b. Verifiable money paid by the responsible parent to the custodial parent as payment of or in lieu of child support during the period(s) for which the custodial parent or the Department claims support is owed.No credit is allowed for payments made after the Division has notified the responsible parent that in order to receive credit, support payments must be made directly to the Division.

c. Utilitarian things of value, other than money, given by the responsible parent to the custodial parent or the children, as or in lieu of child support, during the period(s) for which the custodial parent or the Department claims support is owed. No credit is allowed after the Division has notified the responsible parent, in writing, that in order to receive credit, he or she must send support payments directly to the Division. "Utilitarian things of value," as used in this sub-paragraph, includes that portion of the fair market rental value of a residence in which the custodial parent and the child(ren) have resided which is allocable to the responsible parent's portion of ownership of the residence.

d. No other credits are authorized, including any credit for a period of time during which the child(ren) of the responsible parent has/have visited with him or her.

2.Establishment of entitlement to credits

a. The burden of coming forward with evidence to establish the credits authorized by the Manual rests solely upon the responsible parent.

b. In order to receive credit for money paid out but not received by the custodial parent, the responsible parent must demonstrate that the payment made was for the specific purpose of child support.

c. No payment of taxes, principal, or interest on a mortgage, or of taxes, principal, or interest on any other asset may be allowed as a credit if the responsible parent has sole title to the same mortgage or asset, or if the responsible parent has title with a person or persons other than the custodial parent.

If any such asset is owned jointly by the responsible parent and the custodial parent, the credit for such payments may not exceed a percentage equal to the custodial parent's percentage share of ownership, title, or equity of or in the asset. Such payments, with respect to real property, can qualify for credit only with respect to the residence in which the custodial parent and the dependent child(ren) are actually living. The only other asset for which a payment made by the noncustodial parent qualifies for credit is payment on/for a motor vehicle in operating condition and in the possession of the custodial parent.

d. If the responsible parent claims to have given items of value other than money to a custodial parent or the child(ren) as or in lieu of child support, he or she must provide evidence of specific items given and proof of payment for, or of market values of, the items given so that their value may be ascertained with reasonable certitude and calculated in a rational, informed manner.

3. The responsible parent is not entitled to credit for money or items of utilitarian value given to the custodial parent after the responsible parent is notified in writing that credit will be given only for payments made directly to the Department.

F. If a hearing is held, when deciding the amount of the current parental support obligation, the debt for past necessary support and the availability of health insurance coverage, the official conducting the hearing shall consider the following criteria:

1. The child's or children's needs;

2. The responsible parent's income and real and personal property;

3. The responsible parent's ability to borrow;

4. The responsible parent's ability to earn;

5. The responsible parent's financial needs;

6. Whether the responsible parent has a duty to support other dependents. In any case, the child or children for whom support is sought must benefit as much as any other dependent from the income and resources of the responsible parent;

7. Whether the responsible parent has voluntarily incurred subsequent obligations that have reduced that parent's ability to pay support. This condition does not relieve the responsible parent of the duty to provide support;

8. Whether employer-related or other group health insurance coverage is available to the responsible parent; and 9. Whether the responsible parent's existing health insurance coverage may be extended to include the dependent child or children.

10- 144 C.M.R. ch. 351, § 8-9