Child Support
If you have children, the State of Maine considers it your obligation to provide for them. Your failure to do so may affect other area of your life – including your freedom and your driver’s license. You may be ordered to seek employment, and unless you have a child under the age of three, you may be required to be gainfully employed. If you are ordered by the court to pay child support, that obligation continues until another order supersedes it. Even if you are not allowed to see your child or children or the other parent tells you s/he does not want to receive child support payments, your obligation to pay child support continues until the child reaches the age of majority or a new order is entered. If the State of Maine pays child support for your children, the State of Maine will consider all payments your obligation to repay. If you refuse to cooperate, you may lose your driver’s license, professional licenses or hunting, fishing and sport licenses, even if you live in another state. You may be jailed for unpaid child support. The time you spend in jail does not extinguish the child support obligation – it only provides you time to think and gain motivation to find the resources to pay the money.
Complete a Child Support Affidavit and a Child Support Worksheet for a calculation of your child support obligations. The District Court Judge or Family Law Magistrate will use these forms and the required supporting documents to issue a Child Support Order.
Foreign Judgments
Court orders from other states and jurisdictions are enforceable in the State of Maine, and court orders from the State of Maine are enforceable elsewhere. Foreign Judgments (final orders from other states in civil matters) can be domesticated in Maine and enforced against you. At that point, the Court is unlikely to consider whether or not the judgment was appropriate – or fair. If the matter is domesticated – it means that the courts in Maine have adopted it as a final judgment and you may be subject to its terms.
(final orders from other states in civil matters) can be domesticated in Maine and enforced against you. At that point, the Court is unlikely to consider whether or not the judgment was appropriate – or fair. If the matter is domesticated – it means that the courts in Maine have adopted it as a final judgment and you may be subject to its terms.
Parental Rights and Responsibilities
Parental Rights are defined as a parent’s rights concerning his or her child, including the right to educate and discipline the child and the right to control the child’s earnings and property. In the State of Maine, courts frequently award “Shared Parental Rights and Responsibilities” to divorcing parents in Family Matters. Occasionally, the court will assign certain responsibilities exclusively to one party, and limit the other party’s ability to make decisions about that issue, that is called “Allocated Rights and Responsibilities.”
“Shared parental rights and responsibilities” means most or all aspects of a child’s welfare remain the joint responsibility and right of both parents, so that both parents retain equal parental rights and responsibilities, and both parents confer and make joint decisions regarding the child’s welfare. Matters pertaining to the child’s welfare include, but are not limited to, education, religious upbringing, medical, dental and mental health care, travel arrangements, child care arrangements and residence. Parents who share parental rights and responsibilities shall keep one another informed of any major changes affecting the child’s welfare and shall consult in advance to the extent practicable on decisions related to the child's welfare.
“Allocated parental rights and responsibilities” means responsibilities for the various aspects of a child’s welfare are divided between the parents, with the parent allocated a particular responsibility having the right to control that aspect of the child’s welfare. Responsibilities may be divided exclusively or proportionately. Aspects of a child’s welfare for which responsibility may be divided include primary physical residence, parent-child contact, support, education, medical and dental care, religious upbringing, travel boundaries and expenses and any other aspect of parental rights and responsibilities. A parent allocated responsibility for a certain aspect of a child’s welfare may be required to inform the other parent of major changes in that aspect.
If the child reaches the age of 18 and has graduated from high school, the child support usually ends; if the child has not graduated and is still in high school, the support may continue until the child reaches the age of 19. Some Judgments include specific language about the end of child support. If you are not sure, call an attorney to review the child support order in your case.
Post Judgment Modifications
A final order may be modified by a party by filing a Motion to Modify. Most often, the person requesting the Modification has the burden of showing that there has been a “substantial change in circumstances” of one or more of the parties. A party my request an increase or a decrease in the child support obligation, a change in child contact schedules or custody, for example.
Motion for Contempt or Enforcement
If a party to a court order refuses to comply, the other party (or, in the case of child support arrearages, the Department of Health and Human Services) can file a motion asking the court to enforce the order. The court may issue another order and the respondent in such an action may be subject to a fine, loss of license, or jail. If you have received papers that require you to appear in court, you may be defaulted and a warrant issued for your arrest if you fail to appear. You may also have driving, professional and sporting licenses suspended.
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