Modifying Child Support Orders in Maine
One of the most commonly contested issues that a couple can face when divorcing is how to divide their parental rights and responsibilities. Even after an agreement is reached, conflict can still arise. When a child support order is issued in Maine, the law states that is can be altered if a motion is filed. There are many reasons why a child support order may need to be modified, but generally they occur when one party experiences a significant change in his or her living situation.
When facing any type of child support issue in Maine, contact WTB Law for assistance.
Filing a Motion to Modifying an Existing Order
According to Maine's Revised Statutes, Title 29-A, section 2009, either party, including the government can file a motion to modify an existing order for support. Under subsection 3, the court will consider orders based on substantial changes in circumstances in the following situations:
If it has been less than 3 years since the support order was issued or modified: The court will consider revising the order if it is shown that the current support order varies 15% or more from the support obligation that is determined by Maine's child support guidelines under section 2006 of Maine's child support law.
- If it has been 3 years or longer since the order was issued or modified: The court will consider revising the order if it there is any difference in current order from the support obligation that is determined by Maine's child support guidelines under section 2006 of Maine's child support law, no proof needs to be shown in the motion.
If a child support order was established under section 2007: The court will not consider revising the order because it is stated under section 2009.3 that “a 15% variation between the amount of the order and the parental support obligation determined under section 2006 does not constitute a substantial change of circumstances.”
Child Support Modification Laws in Maine
When a motion to modify is filed, it must also be served to the other party. According to subsection 4-A, the motion must include:
A. A notice that the court may enter an order without hearing if the party does not request a hearing;
B. A notice of the right to request a hearing;
C. A notice of the requirement of mediation prior to a hearing;
D. The income affidavit of the moving party or the party receiving the assistance of the department, as well as the responding party's affidavit, if available;
E. A proposed order, incorporating the child support worksheet; and
F. Any stipulation entered into by the parties.
The other party has 30 days to request a hearing. They must also submit a copy of their income affidavit and child support worksheet. Before the hearing is scheduled, the couple must first attend mediation in order to attempt to work out an agreement amicably. If a hearing is not requested, the court may modify the ruling based on the information in the motion.
Maine Child Support Attorney
When facing any type of child support or custody issue, it is important to speak to an experienced Maine divorce attorney. At WTB Law, we know how important any parental rights issue is. We work hard to get out clients results that they are happy with as quickly and painlessly as possible. Call us now to find out more about your rights.