| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 19-A MRSA §851, sub-§9, ¶¶A and F, as enacted by PL 1997, c. 224, | | §4 and affected by §5, are amended to read: |
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| | | A. Order spousal support, which must be determined in | accordance with the factors set forth in section 951 951-A; |
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| | | F. At any time, alter or amend an order for spousal support | | or a specific sum when it appears that justice requires it, | | except that a court may not increase the spousal support if | | the original decree prohibits an increase. In making an | | alteration or amendment, the court shall consider the | factors set forth in section 951 951-A; and |
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| | | Sec. 2. 19-A MRSA §951, as amended by PL 1997, c. 629, §1, is | | repealed. |
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| | | Sec. 3. 19-A MRSA §951-A is enacted to read: |
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| | | 1.__Statement by court.__An order granting, denying or | | modifying spousal support must state: |
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| | | A.__The type or types of support, if support is awarded; |
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| | | B.__The method or methods of payment, and the term and | | limitations imposed, if support is awarded; |
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| | | C.__If the support awarded is not, in whole or in part, | | subject to future modification; and |
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| | | D.__The factors relied upon by the court in arriving at its | | decision to award or deny spousal support, if the proceeding | | was contested. |
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| | | 2.__Types of spousal support.__The court may, after | | consideration of all factors set forth in subsection 5, award or | | modify spousal support for one or more of the following reasons. |
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| | | A.__General support may be awarded to provide financial | | assistance to a spouse with substantially less income | | potential than the other spouse so that both spouses can | | maintain a reasonable standard of living after the divorce. |
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| | | (1)__There is a rebuttable presumption that general support may | | not be awarded if the parties were married |
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