Best Child Support Lawyers in Maine

About Child Support Law in Maine, United States

Child support in Maine is a legal responsibility that ensures both parents contribute financially to the upbringing and well-being of their child, regardless of their relationship status. The Maine Child Support Enforcement Program oversees the process, which usually takes place when parents divorce, separate, or are unmarried. The law prioritizes the best interests of the child, making sure that basic needs such as food, housing, health care, and education are met. Child support orders are established either through courts or the state's Department of Health and Human Services (DHHS).

Why You May Need a Lawyer

While some child support matters can be settled amicably, there are many situations where seeking legal assistance is beneficial. Common scenarios include:

• Disagreements about the amount of support to be paid
• One parent is not following support orders or withholding payments
• Complex financial situations, such as self-employment or hidden income
• Seeking modification of an existing child support order due to changed circumstances
• Issues involving interstate child support enforcement
• Establishing or contesting paternity
• Navigating the legal process for parents with a history of domestic violence
• Understanding your rights and obligations under Maine law

Local Laws Overview

Maine's child support laws are designed to be clear and enforceable. Key aspects include:

• Income Shares Model: Maine uses the Income Shares Model, meaning child support is calculated based on the combined gross income of both parents, reflecting the percentage of income each parent contributes.
• Guidelines: The state provides detailed child support guidelines that help courts determine the minimum support required, factoring in the number of children and the parents’ incomes.
• Health Insurance: Child support orders typically require one or both parents to provide health insurance coverage if it is available at a reasonable cost.
• Modifications: Either parent can request a review or modification of the order if there is a substantial change in circumstances, such as loss of employment or a significant change in income.
• Enforcement: DHHS has authority to enforce support orders, which can include wage garnishment, license suspension, or interception of tax refunds.
• Duration: Support usually continues until the child turns 18, but may extend until graduation from high school (not beyond age 19), or longer in some cases, such as disabilities.

Frequently Asked Questions

How is child support calculated in Maine?

Maine uses the Income Shares Model, which takes both parents’ gross incomes into account. The state provides guidelines that consider the combined income, number of children, and specific expenses like childcare or health insurance to determine the amount owed.

Can child support be modified?

Yes, either parent can request a court review of child support if there has been a significant change in circumstances, such as a change in income, job loss, or changes in the child's needs.

What happens if a parent does not pay child support?

Failure to pay child support can result in enforcement actions such as wage garnishment, interception of tax refunds, suspension of driver’s or professional licenses, and even contempt of court proceedings.

Do I need a court order to receive child support?

Although parents can agree on child support informally, a court order provides legal enforcement. Only court-ordered child support is enforceable by the state.

Is health insurance included in child support orders?

Yes, Maine law generally requires that health insurance be provided for the child if it is available to either parent at a reasonable cost, in addition to basic support payments.

At what age does child support end in Maine?

Child support typically ends when the child turns 18 or graduates from high school, whichever occurs later, but not beyond age 19. Support may continue past these ages if the child has special needs.

Can parents agree to a different child support amount than the guideline?

Parents can agree to a different amount, but the court must approve it and ensure the child’s needs are met. The judge will review the agreement to see if it deviates from the guidelines for a valid reason.

What if the paying parent lives in another state?

Child support orders are enforceable across state lines through the Uniform Interstate Family Support Act (UIFSA). Maine’s DHHS can coordinate with other states to establish or enforce support orders.

How do I establish paternity in Maine?

Paternity can be established voluntarily by both parents signing an Acknowledgment of Paternity, or through court proceedings, which may involve genetic testing if paternity is disputed.

How do I apply for child support services in Maine?

You can apply for child support services through the Maine Department of Health and Human Services, which can help establish, enforce, or modify support orders, even if you do not have legal representation.

Additional Resources

If you need more information or direct assistance, consider contacting:

• Maine Department of Health and Human Services, Division of Support Enforcement & Recovery: The main state agency handling child support cases, including applications, enforcement, and modifications.
• Maine Judicial Branch: Offers forms, guides, and information about the family court process.
• Pine Tree Legal Assistance: Provides free legal help to low-income Mainers, including family law issues.
• Legal Services for the Elderly: Offers assistance in special cases involving older guardians or grandparents.

Next Steps

If you believe you need legal assistance regarding child support in Maine, here are the steps you can take:

• Gather all relevant financial documents, court orders, and communication with the other parent
• Write down your questions and concerns to discuss with a lawyer or support agency
• Contact the Maine Department of Health and Human Services to apply for child support services or request enforcement
• Reach out to a qualified family law attorney for a consultation, especially if your case involves disputes, modifications, or complex issues
• Visit your local court or legal aid service if you need forms, instructions, or self-help guides
• Follow through with court dates and requested paperwork to ensure your child’s best interests are served