Maine Revised Statutes Title 19-A Sec. 3314 – Initiation by department of support proceedings
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1. Duty of department. In a proceeding pursuant to this subchapter, the department shall:
A. Transmit and receive applications; and [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
B. Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this State. [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
Terms Used In Maine Revised Statutes Title 19-A Sec. 3314
- Application: means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. See Maine Revised Statutes Title 19-A Sec. 3311
- 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
- Convention: means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded at The Hague on November 23, 2007. 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
- 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. 2802Foreign support order: means a support order issued by a foreign tribunal. See Maine Revised Statutes Title 19-A Sec. 2802 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. 2802state: includes an Indian nation or tribe. 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. Proceedings available to obligee. The following support proceedings are available to an obligee under the Convention:
A. Recognition or recognition and enforcement of a foreign support order; [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
B. Enforcement of a support order issued or recognized in this State; [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
C. Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child; [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
D. Establishment of a support order if recognition of a foreign support order is refused under section 3318; [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
E. Modification of a support order of a tribunal of this State; and [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
F. Modification of a support order of a tribunal of another state or a foreign country. [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
3. Proceedings available to obligor. The following support proceedings are available under the Convention to an obligor against whom there is an existing support order:
A. Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this State; [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
B. Modification of a support order of a tribunal of this State; and [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
C. Modification of a support order of a tribunal of another state or a foreign country. [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
4. Tribunal may not require guarantee of payment of costs and expenses. A tribunal of this State may not require security, bond or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
SECTION HISTORY
PL 2009, c. 95, §83 (NEW). PL 2009, c. 95, §87 (AFF).