Maine Revised Statutes Title 19-A Sec. 2967 – Determination of controlling child support orders
Current as of: 2023 | Check for updates
|
Other versions
1. Recognition of orders; one tribunal. If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the order of that tribunal controls and must be so recognized.
[PL 2003, c. 436, §10 (NEW).]
Terms Used In Maine Revised Statutes Title 19-A Sec. 2967
- Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See Maine Revised Statutes Title 19-A Sec. 2802
- 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
- Child support order: means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country. See Maine Revised Statutes Title 19-A Sec. 2802
- Foreign country: means a country, including a political subdivision thereof, other than the United States, that under its law authorizes the issuance of support orders and:
A. See Maine Revised Statutes Title 19-A Sec. 2802Home state: means the state or foreign country in which a child lived with a parent or a person acting as parent for at least 6 consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than 6 months old, the state or foreign country in which the child lived from birth with a parent or a person acting as parent. See Maine Revised Statutes Title 19-A Sec. 2802 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Obligee: means :
A. See Maine Revised Statutes Title 19-A Sec. 2802Obligor: means an individual or the estate of a decedent:
A. See Maine Revised Statutes Title 19-A Sec. 2802Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Maine Revised Statutes Title 19-A Sec. 2802 state: includes an Indian nation or tribe. See Maine Revised Statutes Title 19-A Sec. 2802 Support enforcement agency: means a public official or agency authorized to:
A. See Maine Revised Statutes Title 19-A Sec. 2802Support order: means a judgment, decree, order, decision or directive, whether temporary, final or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse or a former spouse, that provides for monetary support, health care, arrearages, retroactive support or reimbursement for financial assistance provided to an individual obligee in place of child support. See Maine Revised Statutes Title 19-A Sec. 2802 Tribunal: means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage. See Maine Revised Statutes Title 19-A Sec. 2802 tribunal of this State: means the District Court or the Department of Health and Human Services. See Maine Revised Statutes Title 19-A Sec. 2802
2. Recognition of orders; 2 or more tribunals. If a proceeding is brought under this chapter and 2 or more child support orders have been issued by tribunals of this State or another state or a foreign country with regard to the same obligor and same child, a tribunal of this State having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized.
A. If only one of the tribunals has continuing, exclusive jurisdiction under this chapter, the order of that tribunal controls. [PL 2009, c. 95, §29 (AMD).]
B. If more than one of the tribunals has continuing, exclusive jurisdiction under this chapter:
(1) An order issued by a tribunal in the current home state of the child controls; or
(2) If an order has not been issued in the current home state of the child, the order most recently issued controls. [PL 2003, c. 436, §10 (NEW).]
C. If none of the tribunals have continuing, exclusive jurisdiction under this chapter, the tribunal of this State shall issue a child support order, which controls. [PL 2003, c. 436, §10 (NEW).]
[PL 2009, c. 95, §29 (AMD); PL 2009, c. 95, §87 (AFF).]
3. Request for order. If 2 or more child support orders have been issued for the same obligor and same child, upon request of a party who is an individual or that is a support enforcement agency, a tribunal of this State having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection 2. The request may be filed with a registration for enforcement or registration for modification pursuant to subchapter 6 or may be filed as a separate proceeding.
[PL 2009, c. 95, §30 (AMD); PL 2009, c. 95, §87 (AFF).]
4. Copy of orders required. A request to determine which is the controlling order must be accompanied by a copy of every child support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.
[PL 2003, c. 436, §10 (NEW).]
5. Tribunal having continuing, exclusive jurisdiction. The tribunal that issued the controlling order under subsection 1, 2 or 3 has continuing jurisdiction to the extent provided in section 2965 or 2966.
[PL 2003, c. 436, §10 (NEW).]
6. Basis for order. A tribunal of this State that determines by order which is the controlling order under subsection 2, paragraph A or B or subsection 3, or that issues a new controlling order under subsection 2, paragraph C, shall state in that order:
A. The basis upon which the tribunal made its determination; [PL 2003, c. 436, §10 (NEW).]
B. The amount of prospective support, if any; and [PL 2003, c. 436, §10 (NEW).]
C. The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by section 2969. [PL 2003, c. 436, §10 (NEW).]
[PL 2003, c. 436, §10 (NEW).]
7. Filing certified copy of order. Within 30 days after issuance of an order determining which order is the controlling order, the party obtaining the order shall file a certified copy of it in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order.
[PL 2003, c. 436, §10 (NEW).]
8. Controlling order or judgment must be recognized. An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section must be recognized in proceedings under this chapter.
[PL 2003, c. 436, §10 (NEW).]
SECTION HISTORY
PL 2003, c. 436, §10 (NEW). PL 2009, c. 95, §§29, 30 (AMD). PL 2009, c. 95, §87 (AFF).