CHAPTER 415
H.P. 189 - L.D. 234
An Act To Create a Uniform Approach to the Determination of Child Support When Parents Provide Substantially Equal Care for Children
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 19-A MRSA §2001, sub-§3-A is enacted to read:
3-A. Enhanced support entitlement. "Enhanced support entitlement" means the basic support entitlement multiplied by a factor of 1.5.
Sec. 2. 19-A MRSA §2001, sub-§§6, 7 and 8, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, are amended to read:
6. Parental support obligation. "Parental support obligation" means the portion of total basic or enhanced support obligation a party is ordered to pay in money as child support.
7. Primary residence. "Primary residence" means the residence of a child where that child receives residential care for more than 50% of the time on an annual basis if the parents do not provide substantially equal care as defined in subsection 8-A.
8. Primary residential care provider. "Primary residential care provider" means the party who provides residential care for a child for more than 50% of the time on an annual basis if the parents do not provide substantially equal care as defined in subsection 8-A.
Sec. 3. 19-A MRSA §2001, sub-§8-A is enacted to read:
8-A. Substantially equal care. "Substantially equal care" means that both parents participate substantially equally in the child's total care, which may include, but is not limited to, the child's residential, educational, recreational, child care and medical, dental and mental health care needs.
Sec. 4. 19-A MRSA §2001, sub-§10, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
10. Total basic support obligation. "Total basic support obligation" means the sum of money determined by adding the basic support entitlement, child care costs and, extraordinary medical expenses and health insurance premiums.
Sec. 5. 19-A MRSA §2001, sub-§10-A is enacted to read:
10-A. Total enhanced support obligation. "Total enhanced support obligation" means the sum of money determined by calculating the enhanced support entitlement. "Total enhanced support obligation" does not include child care costs, extraordinary medical expenses and health insurance premiums.
Sec. 6. 19-A MRSA §2005, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
In a proceeding to establish or modify child support or to establish an award for past support, there is a rebuttable presumption that the parental support obligation derived from the support guidelines is the amount ordered to be paid, unless support is established under section 2006, subsection 5 or section 2007. The court or hearing officer shall review the adequacy of a child support amount agreed to by the parties with reference to the parental support obligation.
Sec. 7. 19-A MRSA §2006, sub-§3, as amended by PL 2001, c. 264, §3, is further amended to read:
3. Total basic support obligation. The total basic support obligation is determined by adding the child care costs, health insurance premiums and extraordinary medical expenses to the basic support entitlement as follows.
A. When each child is under the age of 12 years, the sums actually being expended for child care costs must be added to the basic support entitlement to determine the total basic support obligation.
B. If a child is incurring extraordinary medical expenses, the future incidence of which is determinable because of the permanent, chronic or recurring nature of the illness or disorder, the sums actually being expended for the medical expenses must be added to the basic support entitlement to determine the total basic support obligation.
C. If a party is paying health insurance premiums, the sums actually being expended for health insurance premiums for the child or children for whom support is being ordered must be added to the basic support entitlement to determine the total basic support obligation. The court shall determine the pro rata share of the health insurance premium actually expended that is attributable to each child.
Sec. 8. 19-A MRSA §2006, sub-§4, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
4. Computation of parental support obligation. The total basic support obligation must be divided between the parties in proportion to their respective gross incomes. The court or hearing officer shall order the party not providing primary residential care to pay, in money, that party's share of the total basic support obligation to the party providing primary residential care. The primary residential care provider is presumed to spend the primary care provider's share directly on each child. If the court or hearing officer determines that the parties provide substantially equal care for a child for whom support is sought, presumptive support must be calculated in accordance with subsection 5, paragraph D-1.
Sec. 9. 19-A MRSA §2006, sub-§5, ¶D, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
D. When the parties have equal annual gross incomes and provide residential substantially equal care equally for each child for whom support is being determined, neither party is required to pay the other a parental support obligation. The parties shall share equally the child care costs, health insurance premiums and uninsured medical expenses.
Sec. 10. 19-A MRSA §2006, sub-§5, ¶D-1 is enacted to read:
D-1. When the parties do not have equal annual gross incomes but provide substantially equal care for each child for whom support is being determined, the presumptive parental support obligation must be determined as follows.
(1) The enhanced support entitlement for each child must be determined.
(2) Using the enhanced support entitlement, a parental support obligation for each child must be determined by dividing the total enhanced support obligation between the parties in proportion to their respective gross incomes.
(3) The party with the higher annual gross income has a presumptive obligation to pay the other party the lower of:
(a) The difference between their parental support obligations as calculated in subparagraph (2); and
(b) The presumptive parental support obligation determined for the payor party using the basic support entitlement under the support guidelines as though the other party provided primary residential care of the child.
(4) The parties shall share the child care costs, health insurance premiums and uninsured medical expenses in proportion to their incomes.
Sec. 11. 19-A MRSA §2006, sub-§7, ¶G, as amended by PL 2001, c. 264, §5, is further amended to read:
G. The parental support obligation of the nonprimary care provider party ordered to pay child support; and
Sec. 12. 19-A MRSA §2006, sub-§8, ¶C, as amended by PL 2001, c. 264, §7, is further amended to read:
C. A breakdown of the parental support obligation, including:
(1) The amount for basic support entitlements and the amount for enhanced support entitlements, if applicable;
(2) The amount for child care costs;
(3) The amount for extraordinary medical expenses;
(4) The percentage of the total child care costs and extraordinary medical expenses included in the parental support obligation, if applicable; and
(5) The amount for health insurance premiums;
Sec. 13. 19-A MRSA §2007, sub-§3, ¶A, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is repealed and the following enacted in its place:
A. The application of section 2006, subsection 5, paragraph D or D-1 would be unjust, inequitable or not in the child's best interest;
Effective September 13, 2003, unless otherwise indicated.
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