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 7 - IMPLEMENTATION OF CHILD SUPPORT GUIDELINES
Section 144-351-7-4 - DEVIATION FROM SUPPORT GUIDELINES (19-A M.R.S. section 2007)
Current through 2024-38, September 18, 2024
A. A party seeking deviation from the support guidelines shall have the burden of overcoming the presumption ( 19-A M.R.S. §2005 and § 2007 [1]) that the parental support obligation derived from the support guidelines is equitable and just, by providing written proposed findings showing that the application of the presumptive amount would be inequitable or unjust. To meet this burden a party must present evidence satisfying the criteria set forth in 19-A M.R.S. §2007(3). If a party presents evidence in support of a deviation, a request by the other party or the Department for a continuance to enable it to oppose the proposed deviation shall be granted.
B. Nothing in subsection A. is intended to affect the role, authority or responsibility of a hearing officer under Regulation V(D)(1)(d) and Regulation V(D)(1)(f) of the Department's Administrative Hearings Manual.
C. To meet the requirements of 19-A M.R.S. §2006(8)(F), if a finding is made under 19-A M.R.S. §2007(1), the specific rationale for the deviation shall be part of the written decision which establishes or modifies the child support award. In addition to the other requirements for decisions establishing or modifying child support awards, a decision establishing or modifying a child support award under 19-A M.R.S. §2007 shall include a statement of:
