Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 351 - Maine Child Support Enforcement Manual
Chapter 12 - PROCEEDINGS TO AMEND OR SET ASIDE ADMINISTRATIVE DECISIONS; PROCEEDINGS TO APPEAL AGENCY ACTION
Section 144-351-12-8 - LIMITATION ON HEARINGS
Current through 2024-38, September 18, 2024
If the responsible parent requests a hearing, the responsible parent may not present at that hearing arguments that he could have made in connection with a prior action taken by the Division, but failed to put forth at that time. For example:
A. At a hearing on a Notice of Debt, neither a debt liquidated pursuant to a previous Notice of Debt, nor debt accrued pursuant to the order for support after the legal establishment by the Notice of Debt (see 19-A M.R.S. §2352(2)) , may be litigated by a responsible parent (See Chapter 2 Definitions, "Liquidated Debt"). The original debt and subsequent Notices of Debt, if any, issued by the Department will be presented separately at the hearing. The responsible parent may only challenge the accuracy of the accrualswhich have occurred since the liquidation event, either amount accrued or time period during which the debt has accrued. Subsequent Notices of Debt, if any, will be regarded as debt accrued or accruing in addition to the original debt. Computations presented at hearing will identify each debt, and accruals where appropriate, separately, and will also provide the total amount owed by an obligor, including all debts accrued and accruing. The absence of subsequent Notices of Debt does not invalidate the ongoing debt accrued and accruing since the original Notice of Debt was liquidated.
B. At a hearing on an Order to Withhold and Deliver, if the responsible parent's support debt has been liquidated by a Notice of Debt issued under 19-A M.R.S. §2352, the responsible parent may not present arguments that he failed to make upon liquidation or at a hearing on the Notice of Debt; and
C. At a hearing on a submittal for federal income tax refund offset, if the responsible parent's support debt has been established prior to the hearing by court or administrative action, the responsible parent may not litigate issues at the hearing that could have been litigated in court at a prior hearing on a Notice of Debt or a Notice of Intention to Withhold, or at a proceeding to establish or modify a child support obligation.
