| | | Part B contains amendments to the Maine Revised Statutes, | | Title 4 and Title 19-A provisions concerning paternity and child | | support to make them consistent with the Uniform Parentage Act. |
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| | | Where necessary, the laws are made gender-neutral and to refer | | to "parent" and "parentage" rather than "mother" or "father" and | | "paternity." In addition, "parent" and "grandparent" throughout | | Title 19-A are made consistent with the terminology in the | | Uniform Parentage Act with the deletion of "biological," | | "adoptive" and "natural" where appropriate. |
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| | | Title 19-A, chapter 53, subchapter 1, originally based on the | | Uniform Act on Paternity, is repealed. Substantive and | | procedural provisions that are not superseded by the Uniform | | Parentage Act are updated and relocated either as general | | provisions in Title 19-A, chapter 51, part of child support | | enforcement procedures, or as revisions to the Uniform Parentage | | Act in Part A. |
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| | | The current law imposes a duty of support. That duty, which | | includes the obligation to support one's child and to support | | one's spouse when in need, is clarified, and other existing laws | | concerning the support obligation are consolidated and clarified. | | These elements of the support obligation include pregnancy and | | confinement expenses, child support and attorney's fees for | | bringing an action to establish parentage. |
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| | | Included in the description of the extent of the duty of | | support is a codification of the latest Supreme Judicial Court | | rulings on the support obligations of disestablished parents. | | Using the language of the 2004 Blaisdell decision, the law | | provides that the disestablished parent remains liable for all | | unpaid child support obligations that accumulated prior to the | | filing of the action to disestablish parentage, and that there is | | not a right to reimbursement for support already paid. |
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| | | The Department of Health and Human Services' ability to | | collect arrearages under a support order after the child has | | turned 18 years of age has been questioned because of the | | definitions of "dependent child" and "responsible parent" in | | Title 19-A, section 2101. This bill amends the law to clarify | | that the department of Health and Human Services has authority to | | collect until the debt is paid. |
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| | | This bill clarifies that family case management officers have | | jurisdiction to enter interim orders in actions involving | | parentage. This change is necessitated by amendments to the | | Uniform Parentage Act that refer to parentage actions rather than | | to paternity actions. |
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