CHAPTER 396
H.P. 952 - L.D. 1298
An Act To Penalize a Person Who is Habitually Late Making Child Support Payments
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 10 MRSA §8006, sub-§1, ¶¶B and C, as enacted by PL 1993, c. 410, Pt. V, §1, are repealed and the following enacted in their place:
B. "Compliance with a support order" means that the support obligor has obtained or maintained health insurance coverage if required by a support order and is:
(1) No more than 60 days in arrears in making any of the following payments:
(a) Payments in full for current support;
(b) Periodic payments on a support arrearage pursuant to a written agreement with the Department of Human Services; and
(c) Periodic payments as set forth in a support order; and
(2) No more than 30 days in arrears in making payments as described in subparagraph (1) if the obligor has been in arrears for more than 30 days in making payments as described in subparagraph (1) at least 2 times within the past 24 months.
C. "Support order" means a judgment, decree or order, whether temporary, final or subject to modification, issued by a court or an administrative agency of competent jurisdiction for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, that provides for monetary support, health care, arrearages or reimbursement and may include related costs and fees, interest and penalties, income withholding, attorney's fees and other relief.
Sec. 2. 10 MRSA §8006, sub-§2, as amended by PL 1995, c. 694, Pt. D, §8 and affected by Pt. E, §2, is amended to read:
2. Noncompliance with a support order. An applicant for the issuance or renewal of a license or an existing licensee regulated by a board who is not in compliance with a court support order of support is subject to the requirements of Title 19-A, section 2201.
Sec. 3. 12 MRSA §6309, sub-§1, ¶¶A and B, as enacted by PL 1993, c. 410, Pt. V, §2, are repealed and the following enacted in their place:
A. "Compliance with a support order" means that the support obligor has obtained or maintained health insurance coverage if required by a support order and is:
(1) No more than 60 days in arrears in making any of the following payments:
(a) Payments in full for current support;
(b) Periodic payments on a support arrearage pursuant to a written agreement with the Department of Human Services; and
(c) Periodic payments as set forth in a support order; and
(2) No more than 30 days in arrears in making payments as described in subparagraph (1) if the obligor has been in arrears for more than 30 days in making payments as described in subparagraph (1) at least 2 times within the past 24 months.
B. "Support order" means a judgment, decree or order, whether temporary, final or subject to modification, issued by a court or an administrative agency of competent jurisdiction for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, that provides for monetary support, health care, arrearages or reimbursement and may include related costs and fees, interest and penalties, income withholding, attorney's fees and other relief.
Sec. 4. 12 MRSA §6309, sub-§2, as amended by PL 1997, c. 537, §5 and affected by §62, is further amended to read:
2. Noncompliance with a support order. An applicant for the issuance or renewal of a license or an existing licensee regulated by the department under this subpart who is not in compliance with a court support order of support is subject to the requirements of Title 19-A, section 2201.
Sec. 5. 12 MRSA §7079-B, sub-§1, ¶¶A and B, as enacted by PL 1993, c. 410, Pt. V, §3, are repealed and the following enacted in their place:
A. "Compliance with a support order" means that the support obligor has obtained or maintained health insurance coverage if required by a support order and is:
(1) No more than 60 days in arrears in making any of the following payments:
(a) Payments in full for current support;
(b) Periodic payments on a support arrearage pursuant to a written agreement with the Department of Human Services; and
(c) Periodic payments as set forth in a support order; and
(2) No more than 30 days in arrears in making payments as described in subparagraph (1) if the obligor has been in arrears for more than 30 days in making payments as described in subparagraph (1) at least 2 times within the past 24 months.
B. "Support order" means a judgment, decree or order, whether temporary, final or subject to modification, issued by a court or an administrative agency of competent jurisdiction for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, that provides for monetary support, health care, arrearages or reimbursement and may include related costs and fees, interest and penalties, income withholding, attorney's fees and other relief.
Sec. 6. 12 MRSA §7079-B, sub-§2, as amended by PL 1997, c. 537, §7 and affected by §62, is further amended to read:
2. Noncompliance with a support order. An applicant for the issuance or renewal of a license or an existing licensee who is not in compliance with a court support order of support is subject to the requirements of Title 19-A, section 2201.
Sec. 7. 19-A MRSA §2101, sub-§2, as amended by PL 1997, c. 466, §5 and affected by §28, is repealed and the following enacted in its place:
2. Compliance with a support order. "Compliance with a support order" means that the support obligor has obtained or maintained health insurance coverage if required by a support order and is:
A. No more than 60 days in arrears in making any of the following payments:
(1) Payments in full for current support;
(2) Periodic payments on a support arrearage pursuant to a written agreement with the department; and
(3) Periodic payments as set forth in a support order; and
B. No more than 30 days in arrears in making payments as described in paragraph A if the obligor has been in arrears for more than 30 days in making payments as described in paragraph A at least 2 times within the past 24 months.
Sec. 8. 19-A MRSA §2201, sub-§15, ¶B, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
B. The number of support obligors identified by the department under this section who are not in compliance with a court support order of support; and
Effective September 13, 2003, unless otherwise indicated.
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