Maine child support guidelines play a crucial role in ensuring that both parents contribute fairly to the financial upbringing of their children after separation or divorce. These laws follow a standardized calculation method that takes into account parental income, number of dependents, and custody arrangements. By applying this structure, Maine aims to provide children with the financial stability they need for essential living expenses.
Under Maine law, child support amounts are determined using the income shares model, which estimates the total cost of raising a child in a two-parent household. This amount is then divided proportionally based on each parent’s income. Factors such as healthcare coverage, childcare costs, and time spent with each parent can influence the final support amount, ensuring that the child’s best interests remain the top priority.
Who Is Required to Pay Child Support in Maine?
Child support in Maine is a financial obligation that both parents share, regardless of whether they live together or not. This support is intended to meet the basic needs of the child, including housing, food, healthcare, and education. In Maine, both parents are legally required to provide for their child, and the amount of support is typically based on their income and the time each parent spends with the child. Child support ensures that children receive the financial backing they need, even when parents are no longer together.
Parental Responsibilities Regardless of Custody
Both parents are responsible for providing financial support for their child, whether or not they have custody. This includes both custodial and non-custodial parents, as their combined financial contributions are essential for the child’s well-being. Child support is not dependent on visitation or custody arrangements but rather the financial needs of the child.
Obligations of Non-Custodial and Custodial Parents
- Non-Custodial Parents: The parent who does not have primary physical custody of the child is typically required to make regular child support payments. These payments are intended to help cover the child’s living expenses, such as housing, food, and medical care.
- Custodial Parents: Even though the custodial parent typically doesn’t make direct financial payments, they are still responsible for the child’s daily care and meeting their needs. The court may consider this contribution in determining support amounts.
Both parents’ financial situations are assessed to ensure a fair distribution of responsibility. Generally, the non-custodial parent is ordered to contribute more based on their income and resources.
When Child Support Begins and Ends
- When Support Begins: Child support usually begins once a court order is established, often during divorce, paternity, or custody proceedings. In some cases, support can be backdated to cover previous periods, especially if there were delays in the legal process.
- When Support Ends: Support typically continues until the child turns 18 or graduates from high school, whichever comes later. If the child is still attending school after turning 18, support may continue until they turn 19, provided they are still enrolled.
- Exceptions to Ending Support: In some cases, child support may end earlier than expected if the child is legally emancipated or becomes self-supporting. It may also continue beyond 18 if the child has a disability and cannot care for themselves.
Quick Facts
- Both parents share financial duty, regardless of custody.
- Non-custodial parents typically make direct child support payments.
- Support starts after a court order is issued and may be backdated.
- Support usually ends at 18 or high school graduation but may continue longer under certain conditions.
How Child Support Is Calculated in Maine
Child support in Maine is determined using the Income Shares Model, which aims to ensure that children receive the financial support they would have if their parents were living together. This model takes into account both parents’ incomes and the number of children to establish a fair support amount. Let’s break down how the calculation works and what factors are involved.
Income Shares Model Explained
Under the Income Shares Model, Maine calculates child support based on the combined income of both parents. The idea is to divide the responsibility for supporting the child in a way that reflects each parent’s ability to contribute. The total child support amount is then split according to each parent’s share of the combined income.
The court looks at both parents’ gross income (before taxes) and includes things like wages, salary, bonuses, and other sources of income. The goal is to establish a fair amount that will provide for the child’s needs while being manageable for both parents.
Factors Used in the Calculation
Several important factors influence how much child support will be ordered in Maine:
- Both Parents’ Incomes
The court considers the total income of both parents to calculate child support. If either parent is intentionally underemployed or unemployed, the court may base calculations on the potential income they could earn. This ensures fairness by reflecting each parent’s financial responsibility. - Number of Children
The number of children involved plays a key role in determining support. The more children a parent is responsible for, the higher the support amount will generally be. The Maine Child Support Guidelines provide a formula that adjusts the payment according to the number of children. - Daycare, Medical, Educational Costs
In addition to basic living expenses, the court also factors in extra costs related to childcare, medical expenses (not covered by insurance), and educational fees. These additional costs are shared between the parents based on their incomes, ensuring that both parents contribute fairly to the child’s well-being.
Example Calculation Scenario
Let’s look at a simple example to help illustrate how child support might be calculated:
- Parent 1 (Mother) earns $3,000 per month.
- Parent 2 (Father) earns $4,000 per month.
- Number of Children: 1 child
The total combined income is $7,000 per month. According to the Maine Child Support Guidelines, the recommended child support for 1 child with this combined income would be about $900 per month. This is the amount that both parents would be expected to contribute based on their share of the combined income.
- Parent 1 (Mother) contributes 42.85% of the combined income ($3,000 ÷ $7,000).
- Parent 2 (Father) contributes 57.14% of the combined income ($4,000 ÷ $7,000).
Therefore, Parent 1 (Mother) would pay $385 per month (42.85% of $900), and Parent 2 (Father) would pay $515 per month (57.14% of $900).
If there are additional expenses like daycare or medical costs, those would be added to the total amount, and each parent would pay their share based on their income percentage.
Maine Child Support Affidavit & Worksheet
Child support calculations in Maine depend heavily on accurate financial disclosure. The two most important documents used in this process are the FM-050 Child Support Affidavit and the FM-040 Maine Child Support Worksheet. Both forms play a key role in determining fair contributions from each parent based on income and related expenses.
What Is the FM-050 Child Support Affidavit?
The FM-050 is a required financial disclosure form used in Maine family court cases involving child support. It helps the court review each parent’s income and expenses to calculate an appropriate support amount. This form must be completed honestly and in full by both parents, regardless of who is requesting or contesting child support.
Key Sections of the FM-050:
- Gross monthly income (from all sources)
- Deductions like taxes, union dues, health insurance
- Work-related childcare expenses
- Extraordinary medical or education costs
The affidavit must be signed under oath. Providing false or incomplete information can lead to penalties or changes in the support order.
What the FM-040 Covers:
- Each parent’s gross income
- Number of children supported
- Basic support obligation (from Maine’s child support table)
- Adjustments for childcare, health insurance, and extra expenses
- Final child support amount owed by the non-residential parent
The form uses a straightforward calculation. Still, errors often happen if the income figures on the FM-050 are wrong or incomplete.
Required Documents Checklist
Before completing these forms, have the following ready:
- Two most recent pay stubs
- Latest federal and state tax returns
- Documentation for health insurance premiums
- Proof of childcare costs
- Any existing court orders (custody, spousal support)
Having complete records makes the process smoother and avoids delays.
Common Mistakes to Avoid
Many support orders are delayed or challenged due to small errors that can be avoided. Here are the most frequent ones:
- Leaving income sections blank
- Listing net income instead of gross income
- Failing to disclose side income or freelance work
- Guessing expenses without proof
- Using outdated financial records
- Not converting biweekly pay correctly
Review everything before submission. If anything changes after filing, update the forms immediately and notify the court.
How to File for Child Support in Maine
Filing for Maine child support doesn’t have to feel confusing. Whether you’re a custodial parent, a non-custodial parent, or a guardian, the process follows clear steps. This section explains how to begin, where to file, and which documents you’ll need—so you can move forward with confidence.
Start the Process: Who Can File?
Anyone responsible for a child’s daily care can request child support. This includes:
- A custodial parent
- A non-custodial parent requesting fair support
- A legal guardian or caretaker
- The Department of Health and Human Services (DHHS), if public assistance is involved
Each situation may involve a slightly different path, but the paperwork and steps are mostly the same.
Filing Online or Through the Court
You can choose between two main options:
Through DHHS Division of Support Enforcement & Recovery (DSER)
- Best for those seeking help without hiring a lawyer
- Apply online at the Maine DHHS Child Support Services Portal
- DSER will handle the paperwork, establish paternity (if needed), and create a child support order
- Processing times vary depending on your case
Through the Maine Court System
- Ideal if you’re already going through a family court case (like divorce or custody)
- File directly in the District Court where the child lives
- You may need to attend hearings and submit forms in person
- Legal assistance may be useful but isn’t required
Both routes aim to create a fair and enforceable order based on each parent’s income and the child’s needs.
Documents You’ll Need to File
Accurate paperwork is key to avoiding delays. Here’s what most applicants must submit:
- Child Support Affidavit (FM-050) – Details income and financial obligations
- Child Support Worksheet (FM-040) – Used to calculate support amounts
- Proof of income – Recent pay stubs, tax returns, or benefit statements
- Birth certificate of the child – To establish the parental relationship
- Proof of expenses – Childcare, insurance, or special needs (if applicable)
In court filings, you may also need a complaint form and a case summary sheet.
How to Enforce a Child Support Order
When a parent stops paying court-ordered support, it doesn’t just break an agreement—it directly affects a child’s daily life. In Maine, enforcing child support orders is taken seriously. The Division of Support Enforcement and Recovery (DSER) works to ensure that every child receives the financial support owed to them. Whether payments have stopped recently or have been missing for months, several tools are available to help recover the balance and hold the responsible party accountable.
What Happens If Child Support Payments Stop?
When child support payments stop, it can quickly create financial pressure for the parent raising the child. A court-ordered support plan is not optional—it’s a legal obligation. If a parent falls behind, Maine’s DSER steps in to collect the overdue amount and help ensure the child’s needs are met.
Maine Child Support Enforcement Tools
The Maine DHHS uses several enforcement actions to collect unpaid support. These tools apply whether the order was issued by a judge or arranged through DHHS services.
1. Wage Garnishment
- Money is automatically taken from the non-paying parent’s paycheck.
- Employers must follow state-issued wage withholding orders.
- Payments continue until the full balance is recovered.
2. Tax Refund Interception
- Federal and state income tax refunds may be seized.
- Intercepted funds are used to pay down child support debt.
- The process is automatic once the case qualifies.
3. License Suspension
Maine can suspend several types of licenses until payment is made, such as:
- Driver’s licenses
- Occupational or professional licenses
- Recreational licenses (e.g., hunting or fishing)
Reinstatement may require:
- A lump-sum payment
- A written agreement to stay current on support
4. Jail Time for Contempt
- Courts can issue a contempt order if someone refuses to pay despite being able.
- Jail is typically a last option, but it is legal under Maine law.
- Payment or a payment plan may avoid or shorten jail time.
How to Modify a Child Support Order in Maine
If your financial situation has changed or if there are changes in your child’s needs, you may need to modify your child support order in Maine. The process can be straightforward if you follow the right steps, but it’s important to understand when and how you can make changes to ensure that the support arrangement remains fair and accurate.
When You Can Request a Change (15% Rule or 3-Year Rule)
In Maine, a child support order can be modified under certain conditions. Two common rules determine when a modification is appropriate:
- 15% Rule: If there is a significant change in circumstances, such as a change in income or expenses that results in a difference of at least 15% in the current support amount, you may be eligible to request a modification. This ensures that the child support payments reflect the new financial reality.
- 3-Year Rule: Even if your circumstances have not changed by 15%, you can request a modification if it has been at least three years since the last support order was issued. This allows for a review of the current arrangement to make sure it still aligns with the child support guidelines.
FM-062 Motion to Modify: Step-by-Step Guide
The process for modifying a child support order begins with filing the FM-062 Motion to Modify. Here’s a simple guide to help you through the steps:
- Complete the FM-062 Form: The Motion to Modify form is available from the Maine Judicial Branch website. This form outlines the reasons you are requesting a change in the child support order.
- Attach Supporting Documents: You’ll need to provide proof of the changes that justify your modification request. This could include:
- Pay stubs or tax returns showing a change in income
- Documentation of job loss, new employment, or medical expenses
- Any other relevant information that affects your ability to pay or your child’s needs
- File the Motion: Submit the completed form along with your supporting documents to the court. Depending on where you live, this can usually be done online or at your local family court.
- Attend the Hearing: After filing, the court will schedule a hearing to review your request. You will be asked to present your case, and the other parent will have an opportunity to respond. Be prepared to explain why you are requesting the modification and provide all relevant documentation.
- Receive the Court’s Decision: Once the hearing is complete, the court will issue a decision. If the modification is approved, the new child support order will go into effect on the date specified by the court.
There are situations where a change in circumstances may not follow the usual patterns but still justify a modification. Here are some examples:
- Job Loss: If you lose your job or experience a significant reduction in income, you can request a modification to lower your child support payments. You will need to provide proof of unemployment or reduced income, such as a letter from your employer or unemployment benefits statements.
- Remarriage: A remarriage may also impact child support. If your new spouse’s income significantly changes your financial situation, it could justify a modification. However, note that the court will primarily focus on the needs of the child and the financial abilities of both biological parents.
- Relocation: If you move to another state or county, it might affect child support payments, particularly in cases of shared custody. If the move impacts the child’s needs, you may be able to modify the support order to reflect the changes in the child’s living situation or custody arrangement.
Terminating Child Support in Maine
Child support is a crucial financial responsibility for parents, but there are certain situations when child support payments may come to an end. Understanding these circumstances can help parents plan ahead and address any changes in their financial obligations. Here’s a breakdown of when child support ends in Maine and the steps involved.
When Does Child Support End?
Child support in Maine does not continue indefinitely. There are specific conditions that determine when payments stop. Let’s go over the most common reasons for termination.
Age of Majority (18 or Graduation)
In Maine, child support typically ends when the child reaches the age of 18, or upon graduation from high school, whichever comes later. The age of majority is when a person is legally considered an adult. If a child turns 18 and is not still in high school, support payments generally cease.
- Graduation Exception: If the child is still in school when they turn 18, child support may continue until graduation, or until the child turns 19, whichever occurs first.
If the child has special needs or a disability, support obligations may extend longer, as discussed later in this section.
Emancipation
Emancipation occurs when a child becomes legally independent of their parents before reaching the age of majority. This can happen in a few ways:
- The child marries.
- The child moves out of the parent’s home and is self-supporting.
- The child joins the military.
In any of these cases, a court may terminate child support payments, as the child is no longer considered dependent.
Death of the Child
Child support payments automatically end if the child passes away. If you are making payments and this unfortunate event occurs, you should notify the court immediately. Once the court is informed, child support payments will cease.
Court Process for Termination
To officially stop child support payments, a parent must request termination through the court. Here’s how the process works:
- File a Motion: Either parent can file a motion to terminate child support. The motion should clearly state the reason, whether it’s due to the child turning 18, graduation, emancipation, or other circumstances.
- Submit Documentation: The court may require supporting documents such as the child’s birth certificate, proof of graduation, or evidence of emancipation.
- Court Hearing: If there are any disputes, a court hearing will be scheduled to review the case. In most cases, the process is straightforward, and termination can be granted without a hearing if both parents agree.
- Order of Termination: Once the court reviews the motion and documentation, it will issue an order to terminate child support. This order legally ends the obligation, and parents should keep a copy for their records.
How to Apply for Maine DHHS Child Support Services
Applying for child support services through the Maine Department of Health and Human Services (DHHS) can help parents receive or manage payments more efficiently. Whether you’re starting a new case or need help enforcing an existing order, the process is straightforward and available online.
Online Application Process
You can apply for child support services through the Division of Support Enforcement and Recovery (DSER) website. The online application is available to custodial and non-custodial parents. It covers services such as locating the other parent, establishing paternity, setting up support orders, and collecting or modifying payments.
To get started:
- Visit the official Maine DHHS DSER application page.
- Choose the application that fits your role (custodial or non-custodial parent).
- Fill in your personal information, details about the other parent, and your child’s information.
- Upload required documents like birth certificates or existing court orders.
- Submit the form online.
There’s no fee to apply, and you’ll receive updates by mail or through the DSER system once your case is opened.
Contact Details and Case Follow-up
Once you apply, DSER will assign a caseworker to help manage your file. You can follow up using the contact details provided in your confirmation letter.
For general inquiries or help with your case, you can reach DSER at:
- Phone: (207) 624-4100
- Toll-Free: 1-800-371-7179 (within Maine)
- Office Hours: Monday to Friday, 8:00 AM – 5:00 PM
Have your case number ready when calling, as it helps speed up the process.
If you prefer written communication, you can mail inquiries to:
Division of Support Enforcement & Recovery (DSER)
11 State House Station
Augusta, ME 04333
DSER Portal and Case Lookup
Once your application is processed, you can track your case using the DSER online portal. This secure platform allows you to:
- View payment history
- Check current case status
- Update personal or contact information
- Submit questions to your assigned caseworker
To access the portal, create an account at Maine Child Support Enforcement Portal. You’ll need your case number and Social Security Number to register.
FAQs About Maine Child Support
Looking for Maine child support information? Here are quick answers to common questions about accessing case details, understanding the process, and knowing any limitations.
How is child support calculated in Maine?
In Maine, child support is calculated using the “Income Shares Model,” which considers both parents’ incomes, the number of children, and other expenses such as healthcare or childcare. The goal is to ensure children receive the same proportion of parental income as if the parents were still together. A state-issued guideline chart helps determine the base support obligation. Courts may also factor in extraordinary circumstances like special medical or educational needs. These calculations aim to provide fairness and consistency in support rulings.
Can child support orders be changed?
Yes, child support orders in Maine can be modified if there is a significant change in circumstances. This could include a job loss, increase in income, changes in custody arrangements, or healthcare needs. A parent must file a motion to modify with the court and provide evidence supporting the change. The court will review the new financial situation and adjust the amount accordingly. It’s important to note that modifications are not retroactive and take effect from the date the request is filed.
What happens if a parent doesn’t pay child support?
If a parent fails to pay child support in Maine, the Department of Health and Human Services (DHHS) can enforce the order through several methods. These include wage garnishment, intercepting tax refunds, placing liens on property, and suspending driver’s or professional licenses. Persistent non-payment can lead to contempt of court charges, fines, or even jail time. The state takes non-compliance seriously to ensure the child’s financial needs are met consistently.
How long does child support last in Maine?
In most cases, child support in Maine continues until the child turns 18. However, if the child is still in high school at 18, support usually continues until graduation or the child turns 19, whichever comes first. Support may also be extended in cases involving a child with a disability who cannot support themselves. The court may issue a specific end date in the support order, and parents must comply unless a formal modification is approved.
Can parents make their own child support agreement?
Yes, parents in Maine can create their own child support agreement, but it must meet state guidelines and receive court approval. The agreement should be in writing and outline the payment amount, frequency, and any additional responsibilities like healthcare or education costs. Even if both parties agree, the court must ensure the arrangement serves the child’s best interests. If approved, the agreement becomes a legally binding court order that both parents must follow.