1. Services to petitioner. The department, upon request, shall provide services to a petitioner in a proceeding under this chapter.

[PL 2009, c. 95, §39 (AMD); PL 2009, c. 95, §87 (AFF).]

Terms Used In Maine Revised Statutes Title 19-A Sec. 3007

  • 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
  • Department: means the Department of Health and Human Services and its agents and authorized representatives. See Maine Revised Statutes Title 19-A Sec. 101
  • Fiduciary: A trustee, executor, or administrator.
  • 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. 2802
  • Income: includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this State. See Maine Revised Statutes Title 19-A Sec. 2802
  • Income-withholding order: means an order or other legal process directed to an obligor's employer, as provided by chapter 65, subchapter IV, to withhold support from the income of the obligor. 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.
  • Record: 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
  • Registering tribunal: means a tribunal in which a support order or judgment determining parentage of a child is registered. 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. 2802
  • Support 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. Duties. If the department provides services to the petitioner, the department shall:
    A. Take all steps necessary to enable an appropriate tribunal of this State or another state or a foreign country to obtain jurisdiction over the respondent; [PL 2009, c. 95, §40 (AMD); PL 2009, c. 95, §87 (AFF).]
    B. Request an appropriate tribunal to set a date, time and place for a hearing; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
    C. Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties; [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
    D. Within 2 days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a written notice in a record from an initiating, responding or registering tribunal, send a copy of the notice to the petitioner; [PL 2003, c. 436, §17 (AMD).]
    E. Within 2 days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a written communication in a record from the respondent or the respondent’s attorney, send a copy of the communication to the petitioner; and [PL 2003, c. 436, §17 (AMD).]
    F. Notify the petitioner if jurisdiction over the respondent can not be obtained. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

    [PL 2009, c. 95, §40 (AMD); PL 2009, c. 95, §87 (AFF).]

    2-A. Registration; reasonable efforts. If the department requests registration of a child support order in this State for enforcement or for modification, the department shall make reasonable efforts:
    A. To ensure that the order to be registered is the controlling order; or [PL 2003, c. 436, §18 (NEW).]
    B. If 2 or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so. [PL 2003, c. 436, §18 (NEW).]

    [PL 2003, c. 436, §18 (NEW).]

    2-B. Conversion of amounts to dollars. If the department requests registration and enforcement of a support order, arrears or judgment stated in a foreign currency, the department shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.

    [PL 2003, c. 436, §18 (NEW).]

    2-C. Issuance upon request. The department shall issue or request a tribunal of this State to issue a child support order and an income-withholding order that redirect payment of current support, arrears and interest if requested to do so by a support enforcement agency of another state pursuant to section 3019.

    [PL 2009, c. 95, §41 (AMD); PL 2009, c. 95, §87 (AFF).]

    3. No attorney or fiduciary relationship. This chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between the department or the attorney for the department and the individual being assisted by the department.

    [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]

    SECTION HISTORY

    PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 2003, c. 436, §§17,18 (AMD). PL 2009, c. 95, §§39-41 (AMD). PL 2009, c. 95, §87 (AFF).
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