Maine Revised Statutes Title 19-A Sec. 2107 – Credit for dependent benefits
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(REALLOCATED FROM TITLE 19-A, SECTION 2104)
(REALLOCATED FROM TITLE 19-A, SECTION 2104)
If a child receives dependent benefits as a result of the obligor parent‘s disability, any tribunal establishing, reviewing or modifying the child support obligation or debt shall give the obligor parent credit for the dependent benefits paid to the child. [PL 1999, c. 327, §1 (RPR).]
1. Calculation of child support obligation; order. The tribunal shall calculate the obligor’s child support obligation and issue a child support order pursuant to the child support guidelines in chapter 63. The obligation may not be reduced by the dependent benefits paid to the child.
[PL 1999, c. 327, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 19-A Sec. 2107
- Child support: means money paid directly to a parent, to another person or agency awarded parental rights and responsibilities with respect to a child or to the department on behalf of a child receiving public assistance and medical or dental insurance coverage provided on behalf of a child pursuant to court order. See Maine Revised Statutes Title 19-A Sec. 1501
- Dependent: A person dependent for support upon another.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Obligor: means any person owing a duty of support. See Maine Revised Statutes Title 19-A Sec. 101
- Parent: means the legal parent or the legal guardian when no legal parent exists. See Maine Revised Statutes Title 19-A Sec. 101
- Support order: means a judgment, decree or order, whether temporary, final or subject to modification, issued by a court or an administrative agency of competent jurisdiction for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, that provides for monetary support, health care, arrearages or reimbursement and may include related costs and fees, interest and penalties, income withholding, attorney's fees and other relief. See Maine Revised Statutes Title 19-A Sec. 2101
2. Findings; credit for benefits paid. The tribunal shall make the following findings:
A. That the child currently receives dependent benefits as a result of the obligor parent’s disability; [PL 1999, c. 327, §1 (NEW).]
B. That the receipt of these benefits satisfied part or all of the obligation; and [PL 1999, c. 327, §1 (NEW).]
C. That the obligor must receive credit against the established obligation for the benefits received. Credit may not exceed the amount of the current obligation for the period for which the benefits are paid. Credit may not be given toward a past or future obligation for dependent benefits that exceed the current obligation. [PL 1999, c. 327, §1 (NEW).]
[PL 1999, c. 327, §1 (NEW).]
SECTION HISTORY
RR 1997, c. 1, §16 (RAL). PL 1999, c. 327, §1 (RPR).