Sec. 1. 19-A MRSA §2001, sub-§5, ¶D, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:

D. Gross income may include the difference between the amount a party is earning and that party's earning capacity when the party voluntarily becomes or remains unemployed or underemployed, if sufficient evidence is introduced concerning a party's current earning capacity. In the absence of evidence in the record to the contrary, a party that is personally providing primary care for a child under the age of 3 years is deemed not available for employment. The court shall consider anticipated child care and other work-related expenses in determining whether to impute income, or how much income to impute, to a party providing primary care to a child between the ages of 3 and 12 years. A Except as provided in section 2006, subsection 5 and section 2009, subsection 9, a party who is incarcerated in a correctional or penal institution is deemed available only for employment that is available through such institutions.

Sec. 2. 19-A MRSA §2006, sub-§5, ¶F is enacted to read:

F.__If one of the parties is incarcerated in a correctional or penal institution for committing a crime against the other party or the child for whom a support order is being sought, the reduction in the incarcerated party's gross income because of the incarceration may not be taken into account in determining child support.

Sec. 3. 19-A MRSA §2009, sub-§9 is enacted to read:

9.__Incarceration for crime against child or party.__ Incarceration in a correctional or penal institution for a crime committed against the obligee or the child that may result in a change in the obligor's gross income does not qualify as a substantial change of circumstances under this section and may not be used as a factor to reduce the child support obligation of the obligor.

SUMMARY

This bill addresses the issue of child support after a person commits a crime against the child or the person to whom the child support is paid on behalf of the child. This bill amends the child support laws to ensure that the appropriate