1. Responding tribunal may issue support order. If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this State with personal jurisdiction over the parties may issue a support order if:
A. The individual seeking the order resides outside this State; or [PL 2009, c. 95, §55 (AMD); PL 2009, c. 95, §87 (AFF).]
B. The support enforcement agency seeking the order is located outside this State. [PL 2009, c. 95, §55 (AMD); PL 2009, c. 95, §87 (AFF).]

[PL 2009, c. 95, §55 (AMD); PL 2009, c. 95, §87 (AFF).]

Terms Used In Maine Revised Statutes Title 19-A Sec. 3051

  • 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
  • Duty of support: means an obligation imposed or imposable by law to provide support for a child, spouse or former spouse, including an unsatisfied obligation to provide support. See Maine Revised Statutes Title 19-A Sec. 2802
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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.
  • Obligor: means an individual or the estate of a decedent:
A. See Maine Revised Statutes Title 19-A Sec. 2802
  • Parent: means the legal parent or the legal guardian when no legal parent exists. See Maine Revised Statutes Title 19-A Sec. 101
  • Responding tribunal: means the authorized tribunal in a responding state or foreign country. 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. Responding tribunal may issue temporary support order. A responding tribunal of this State may issue a temporary support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:
    A. The presumed father of the child; [PL 2003, c. 436, §28 (NEW).]
    B. Petitioning to have his paternity of the child adjudicated; [PL 2003, c. 436, §28 (NEW).]
    C. Identified as the father of the child through genetic testing; [PL 2003, c. 436, §28 (NEW).]
    D. An alleged father of the child who has declined to submit to genetic testing; [PL 2003, c. 436, §28 (NEW).]
    E. Shown by clear and convincing evidence to be the father of the child; [PL 2003, c. 436, §28 (NEW).]
    F. An acknowledged parent of the child as provided in chapter 61, subchapter 3; [PL 2021, c. 610, §12 (AMD).]
    G. The mother of the child; or [PL 2003, c. 436, §28 (NEW).]
    H. An individual who has been ordered to pay child support to the child in a previous proceeding and the order has not been reversed or vacated. [PL 2003, c. 436, §28 (NEW).]

    [PL 2021, c. 610, §12 (AMD).]

    3. Tribunal shall issue support order. Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to section 3005.

    [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, §28 (AMD). PL 2009, c. 95, §55 (AMD). PL 2009, c. 95, §87 (AFF). PL 2015, c. 296, Pt. C, §23 (AMD). PL 2015, c. 296, Pt. D, §1 (AFF). RR 2015, c. 2, §10 (COR). PL 2021, c. 610, §12 (AMD).
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