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 14 - COLLECTION OF SUPPORT DEBT GENERAL RULES
Section 144-351-14-1 - AVAILABILITY OF COLLECTION-OF-SUPPORT-DEBT MECHANISMS TO THE DIVISION

Universal Citation: 10 ME Code Rules § 144-351-14-1

Current through 2024-38, September 18, 2024

A. The following collection-of-support-debt mechanisms are available to the Division in any combination or sequence (except as limited by 19-A M.R.S. §2302 and by Chapter 6 of this Manual), for the Department and its non-TANF clients, and for other states, their IV-D Agencies and non-TANF clients of such agencies.

1. Any action pursuant to 19-A M.R.S. §§2357, 2358, 2359, 2360, 2363 and 2364 and 8 M.R.S. §§300-B and 1066.

2. Submittal to IRS for Federal Income Tax Refund Offset;

3. Submittal to the Maine State Tax Assessor for State Income Tax Refund Offset;

4. Certification to IRS for full collection of the debt; and

5. Any other administrative or judicial collection-of-support-debt mechanism provided for by or permitted under Federal or State law.

B. A responsible parent shall be exempt from the utilization of a particular mechanism only if and to the extent that such an exemption is expressly granted by the Division in a written agreement between the responsible parent and the Division with respect to a particular past-due child support debt. Such an agreement shall be effective as an exemption only:

1. From such collection-of-debt mechanism(s) as is/are set forth therein;

2. For the period of time specified therein;

3. For so long as the responsible parent is in full compliance therewith; and

4. If, in the case of a submittal for Federal Income Tax Refund Offset, the agreement was executed prior to the date of the pre-offset notice; or

5. If, in the case of a submittal for State Income Tax Refund Offset, the agreement was executed prior to the date of notification to the State Tax Assessor (See Chapter 17 of this Manual).

C. Notwithstanding the provisions of B., above, in the event of the failure of the Division to enter into a written exempting agreement in connection with the execution of an assignment of earnings, a responsible parent, upon a review of a collection-of-support-debt mechanism, may establish the making of an oral exempting agreement, which agreement, if and as found by the hearing officer to have been made, shall have the same effect under B., above, as a written agreement. Nothing contained in this subsection is intended nor shall it be construed as a basis for varying the terms of a written exempting agreement.

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