Even if the non-custodial parent lives outside the state of Maine, the law requires cooperation between states. The non-custodial parent is legally required to make regular child support payments, regardless of where they live.
If a non-custodial parent does not pay child support, he or she is subject to enforcement measures in accordance with Federal and Maine child support law to collect regular and past-due payments.
The Maine Division of Support Enforcement and Recovery is the state-run child support enforcement office for Maine. The Office of Integrated Access and Support is required by federal law to provide services through Division of Support Enforcement and Recovery (DSER) and is funded by the federal government and the State of Maine.
| MAINE DSER CASELOAD STATISTICS1 | |
|---|---|
| Full Time Equiv. Staff | 280 |
| Total Caseload | 66,143 |
1 U.S. Office of Child Support Enforcement, Boxscores for FY 2005
The state of Maine does not provide for interest on missed support payments. However, 19A MRSA § 2354 states that commissioner (DSER) may collect interest of 6% per year on any support due or owing to the department. 14 MRSA § 1602 authorizes pre-judgment interest of 8% per year and §1602-A authorizes post-judgment interest of 15% per year.
In Maine, there is no statute of limitations of enforecement of child support orders. But payment is presumed after a period of 20 years.
Maine requires that paternity be established before the child's 18th birthday.
The age of majority in Maine is 18. (19A MRSA § 1653(12))
Support obligation is automatically terminated at the age of majority 18 years of age, unless the child is attending secondary school. Then until the child graduates, withdraws or is expelled from secondary school or reaches 19 years of age, whichever occurs first; becomes married; or becomes a member of the armed services.
The Maine Schedule of Basic Child Support Obligation provides a framework for determining most child support obligations. Tables detailing the guidelines may be found on the Division of Support Enforcement and Recovery website.
Child support and visitation rights are separate issues. The court determines both and will usually order the non-custodial parent to pay support and the custodial parent to make the child available for visits.
The custodial parent must obey the court order for visitation, even if the non-custodial parent cannot or will not pay child support. The court can enforce any of its orders against either parent.
It took me 10 years to catch up with my husband to establish a court order for child support. Years had gone by and his debt was in the thousands. I got Human Services involved and they told me that because I was now in a different state I had to close my case and had to open my case there. Weeks after I sent the paperwork to the Child Support Enforcement office, I received a letter saying I needed to attach notarized proof of previous payements made etc, etc, etc. I was tired of going through the process of trying to get child support owed.
After many years of searching through various agencies for my ex-husband, a dear friend told me about the Support Collectors web site. I logged on and requested an application, thinking to myself it won't make a difference. We hadn't found him in 19 years, they won't be able to find him either. To my surprise they did and very quickly. Support Collectors handled everything very professionally and I received my settlement of $60,000 within a few months!
Thank you so much for your help in getting the child support payments my daughter deserves! I only wish I would not have waited so long to contact you for assistance. You succeeded when everyone else had failed.