Child Support Collection in Maine: What Can DHHS Do to Make Me Pay?

Introduction

This page explains how child support collection works in Maine. The law and the process differ from state to state. Maine has several tools to collect both current and overdue child support. These are explained below. If you get any notices about DHHS collecting support from you, read them carefully. If you disagree with them, you may request a hearing within the time limits given in the Notice.

This information is for parents who are being pursued by DHHS for payment of child support. We also have pages on these related topics:

These materials do not cover other areas of family law like divorce, visitation, or custody. They do not cover cases where the other parent is suing you for child support. This information is not a substitute for legal counsel. If you need to know more about your specific DHHS child support case or need legal advice in a related family law matter, check the list of resources below.

What does the law say about a parent’s duty to support?

State law requires all parents to support their children. It does not matter if the parents were ever married. If you do not live with your children, you will probably be required to send regular child support payments to the parent or other person who is caring for your child. This duty continues until your children are 18 years old or, if a child is still in high school, until they are 19. You can also be required to pay health care costs, including health insurance, and child care costs.

Why is the Department of Health and Human Services (DHHS) involved in child support?

Federal and state law requires DHHS to collect child support for two groups of families:

Families that receive Temporary Assistance for Needy Families (TANF)
Families that do not receive TANF, but ask DHHS to help collect the support.

When DHHS collects support for TANF families, it gives part of the support to the family and keeps the rest to pay back the State for some or all of the TANF paid. DHHS sends current support collected for non-TANF families to the family. DHHS can charge you a $2 per pay period fee for the collection service. In a case involving a person who has never gotten public assistance, DHHS can also charge a $35 annual fee if it collects at least $550 in support.

Can DHHS take money from my paycheck before I get it?

Yes. Whenever DHHS or the Court issues a support order, they will usually order that child support be automatically taken out of your wages. This is called an Immediate Income Withholding Order. DHHS can start the withholding immediately after giving the support order.

An Immediate Income Withholding Order will not be issued:

if the Court or DHHS Hearing Officer approves the parties' written agreement setting up a different payment arrangement, or
if the Court or Hearing Officer finds "good cause" why it shouldn't be issued. "Good cause" means that there is a written finding that immediate withholding would not be in the best interest of the child and that you have been paying previously ordered support on time.

If DHHS orders you to provide health insurance, you must give proof to DHHS within 15 days that you have done so. If you don't, DHHS may issue a Medical Support Notice. That Notice requires your employer to add your children to their health insurance plan and to deduct the cost from your wages. If you are ordered to provide health insurance and you cannot afford it, you can appeal the decision. Also, contact a private lawyer or Pine Tree Legal right away.

If you fall more than 30 days behind in your child support payments and there is no enforceable Immediate Income Withholding Order, DHHS may still be able to take your income. If you fall behind on court-ordered support, DHHS may send you a Notice of Debt. The Notice of Debt will state the amount DHHS thinks you owe. You can request a hearing. Here are some good reasons for contesting the notice:

you disagree with the amount of debt, or
the property DHHS is trying to take is exempt, or
you are getting TANF or state supplemental SSI benefits, for your child, or
you are disabled and getting SSI for yourself

If DHHS decides to take your wages, it will send you and your employer an Income Withholding Order. This tells your employer to "withhold" a certain amount of your wages each time you are paid and "deliver" them to DHHS. This is also called wage attachment or garnishment. DHHS can also garnish income from other sources. They can garnish regular Social Security Disability benefits but not SSI.

Your employer cannot fine you or discipline you because of an Income Withholding Order. If your employer violates this law, you could sue them and they could be fined. Your employer must report any hiring and rehiring of employees to DHHS. Your employer can be fined for intentionally failing to withhold your income.

Can DHHS take money from my Unemployment Insurance?

Yes. If you owe current support, DHHS will automatically take money from your unemployment check. In certain circumstances, they can take up to 65%. (More about protected income) Here are some more rules:

When you apply for benefits, state law requires you to tell the unemployment office if you owe child support. They must then tell DHHS that you have qualified for benefits. Also, DHHS sends a list of everyone who must pay child support to the unemployment office every two weeks. If you owe support, DHHS will take money from your benefits. Contact DHHS immediately if you want to make arrangements to have less than 50% of your check taken.
You can make an agreement with DHHS to have them take less than the amount now being taken out of your check. DHHS will not agree to take less than the amount owed for current support. If you work out an agreement with DHHS, always get it in writing so that you can prove the terms of the agreement.
If you are currently getting TANF, or state supplemental SSI benefits, for your child, DHHS should not withhold anything from your unemployment check. If your child support is court-ordered and the court has issued an Immediate Withholding Order, then DHHS can take current support (up to the same maximums) from your unemployment check.
To take any money from your check for past due support, DHHS must first serve you a Notice of Debt. If you appeal the Notice of Debt within 21 days, then DHHS cannot collect any money for past due amounts while your administrative appeal is pending. If you got a Notice of Debt in the past that you did not appeal, DHHS can still use it against you to take past due payments from your unemployment check.

Is any of my income protected from Child Support Collection?

DHHS can't take these types of income from you:

Public assistance like TANF, SSI, SNAP (Food Stamps) and General Assistance
Money you get as child support for other children in your household

If you get TANF or SSI, you should not be required to pay child support at all while you receive those benefits. If you owe back payments, DHHS should not collect these from you while you are getting those benefits. Exception: DHHS can take a "lump sum" that you expect to get, such as a personal injury award, lottery winnings, or an inheritance. Some of this money may be protected - like court settlement money earmarked for a specific expense - so get legal advice if you have questions.

If DHHS is collecting back support for a child who now lives with you and you get any kind of low-income benefits for that child, DHHS should suspend collection. The other parent will be notified and may contest this suspension.

Otherwise, if you are supporting a spouse or dependent child (other than the children this support is being pursued for), DHHS can take up to 50% of your disposable weekly income. This goes up to 55% if you are 12 or more weeks late with your payments. If you are not supporting another dependent, then they can take up to 60% of your disposable weekly income. This goes up to 65% if you are 12 or more weeks late. If you are not behind in making payments, only the weekly support amount can be taken.

Examples

Example 1: You live alone. You have a total monthly income of $755 from Social Security and SSI benefits, including $300 SSI and $455 regular disability benefits. The SSI doesn't count, so your gross monthly income is $455. If you owe a child support arrearage, DHHS can take up to $250 each month (55% of $455) until the arrearage is paid.

Note: Keep in mind that this is the highest amount DHHS could set. DHHS must also consider your ability to pay. In this situation it is very likely that DHHS is taking more than you can afford, leaving you without enough money for basic necessities. If this is the case, you should talk with your DHHS support worker, and if you cannot negotiate a lower payment, ask for a hearing.

Example 2: You have two children and have custody of one. You have a monthly income of $445, including $345 TANF for the child living with you. As long as you receive TANF, you do not have to pay support for the other child. If you owe back support, DHHS should not collect it while you are getting TANF for that child.

What happens to the support I owe if I file for Bankruptcy?

Child support is not discharged in bankruptcy. If you are required to pay child support and you file for bankruptcy, DHHS can still collect past support. And you will still be required to pay current support. You may have to pay off your past support debt as part of the bankruptcy plan.

Should I talk To DHHS about setting a lower weekly amount that I can afford?

If DHHS is threatening to take a large portion of your income to pay a past support debt, you may want to contact the DHHS support worker. Explain what your expenses are and what you believe you are able to pay. If the worker thinks your plan is reasonable, they may agree to accept a lower payment amount. Note: DHHS cannot agree to accept a payment amount less than the amount of current support. Get this agreement in writing.

Can DHHS take any of my property?

DHHS may collect overdue child support by putting liens on your property except for certain basic necessities. The lien will prevent you from selling the property or using it as collateral on a loan until the lien is removed by a Court or DHHS. DHHS may also try to foreclose on liens or seize the property after a lien has been filed. Some of your property is exempt from collection.

What property is protected?

These items are exempt from all child support related collections and enforcement actions by DHHS, including "seize and sell" and liens:

$47,500 of equity (value) in your home;
your equity in one motor vehicle, up to $5,000;
your equity in household items, such as furniture, clothes, appliances, books, animals and musical instruments up to $200 in value for any one item;
up to $5,000 in value in tools, materials and equipment necessary for your trade or business;
all furnaces or stoves used for heating, one cooking stove, and fuel for heat, up to certain amounts;
6 month food supply, and seeds and gardening equipment necessary to grow food for your household;
farm equipment needed to farm commercially;
a commercial fishing boat, not exceeding 5 tons burden; and
prescription health aids

Note: Child support enforcement is a special case. The list of exempt property in most other debt collection cases is different from this list. If you have questions about non-support related enforcement actions or collections, see our information on debt collections or IRS collections.

What property is protected?

These items are exempt from all child support related collections and enforcement actions by DHHS, including "seize and sell" and liens:

$47,500 of equity in your home;
your equity in one motor vehicle, up to $5,000;
your equity in household items, such as furniture, clothes, appliances, books, animals and musical instruments up to $200 in value for any one item;
up to $5,000 in value in tools, materials and equipment necessary for your trade or business;
all furnaces or stoves used for heating, one cooking stove, and fuel for heat, up to certain amounts;
6 month food supply, and seeds and gardening equipment necessary to grow food for your household;
farm equipment necessary to farm commercially;
a commercial fishing boat, not exceeding 5 tons burden; and
prescription health aids.

Note: Child support enforcement is a special case. The list of exempt property in most other debt collection cases is somewhat different from this list. If you have questions about non-support related enforcement actions or collections, see our information on debt collections or IRS collections.

Can DHHS take money out of my bank account?

Yes, in some cases.

Your bank is required to give information about your account to DHHS if they ask for it. This is done through a "computer match" process. DHHS can ask for the account information from each bank four times a year. The bank cannot tell you when this report to DHHS is happening. Once DHHS has your account information, it can "seize" money from your account if you owe more than $500 which has been owed for at least 60 days.

To do this, DHHS must be able to show that you had prior notice of the debt and an opportunity to challenge the debt. You have the right to an administrative hearing.

What if a Deputy Sheriff serves me with a DHHS "Seize And Sell" Order?

Try to get legal advice immediately. You have the right to a DHHS hearing. You must ask for the hearing in writing and DHHS must get your request within 10 days of the seizure

Can DHHS take my Income Tax Refund?

Federal Refund

If:

the other parent gets TANF; and
you have fallen three months behind in your child support; and
you owe more than $150

DHHS can ask the federal government to withhold your income tax refund and allow it to be credited toward your child support. This is called an offset.

If the other parent doesn't get TANF, you have to owe more than $500 in past-due support for this to happen.

DHHS will send you a notice that it will be asking the federal government to withhold all or some of your federal tax refund.

State Refund

If:

you owe more than $25; and
are at least 30 days behind

DHHS will notify the State Tax Assessor to offset your state tax refund. DHHS must send you a notice that it will take your tax refund.

Review Hearing

If you believe that DHHS should not be able to take your federal or state tax refund, you can ask for a review hearing. The notices you receive about the tax refund offset will tell you how to request a hearing.

Your Spouse’s Share of the Tax Refunds

A spouse filing a joint tax refund who is not obligated to pay child support should be able to get some of the tax refund. The spouse should receive a separate notice from DHHS about this.

Can DHHS make me tell them about my income and assets?

Yes. DHHS can require you to "appear and disclose" information about your income and assets. This can be done in court (to enforce court orders) or at a DHHS hearing (to enforce court or DHHS orders).

DHHS can order you to appear at a DHHS office only if it is within 100 miles of your home.

DHHS can order you to appear in the District Court where you live or in the court that issued the support order.

DHHS can only order you to appear if:

you owe $500 or more in overdue support;
you have owed it for 60 days or more; and
you are not making "reasonable, regular payments" to reduce the debt

What If I don't go to the hearing?

DHHS can ask the court to issue a civil order of arrest. You can also be fined up to $1,000 for failure to appear, unless you can show "good cause." DHHS can also ask the Secretary of State to suspend your driver’s license.

What happens at the Hearing?

DHHS will try to get information about all of your income and assets. You can be fined up to $1,000 for lying, or for not providing the documents DHHS has asked for (unless you have "good cause"). Learn more about how to prepare for your hearing with our article: Maine DHHS Support Hearings: What Should I Expect?

What happens after the Hearing?

DHHS can file a record of the hearing with the District Court. They can ask the court to order any of these things:

that you make regular payments on current support, plus past support due, up to 50-65% of your net pay (after taxes). If the court finds that you are voluntarily underemployed, it can order you to pay more.
that you turn over non-exempt property to DHHS for sale to pay the debt.
that a lien be put on your property
that your employer or any other person who pays you money be required to pay up to 50-65% of your net pay directly to DHHS
that you be ordered to look for work for 6 months, and report to the court weekly. This won't be ordered if you are already doing this, or are unable to, and/or
that any licenses you hold be revoked

DHHS has to mail you a copy of its court motion. Read the court papers carefully. If a hearing date is set, go to the hearing. If the notice says to file a written response within a certain time period, write down your objections and file them with the court before the deadline. If you do not respond, or do not go to the hearing, you have defaulted. The court can order any of the above remedies against you.

Can DHHS report me to a Consumer Credit Reporting Agency?

DHHS may report information about overdue child support to consumer credit reporting agencies. You can contest this if you don't think the report is accurate.

DHHS may report you to a consumer credit agency if you owe more than $1,000. They may also report you if you are at least 90 days behind and you refuse to sign a repayment agreement. Contact the Maine Office of Consumer Credit Regulation (phone: 1-800-332-8529 or 624-8527) to find out more about how to dispute a credit report.

Can DHHS take my Lottery or Gambling Winnings?

Yes. If you are behind in your payments, DHHS will claim your lottery or gambling winnings to pay your past due child support.

For lottery winnings the Bureau of Lottery Operations must offset your winnings. The Bureau must notify you of its intent to offset. The notice gives you 15 days to ask DHHS for a hearing. The issues you can raise at a hearing are limited to:

whether the debt has been established by a Court or DHHS Order, and
whether anything has happened to reduce your liability (for example, you paid off the debt, or part of it, since the Order was entered)

If you don't ask for a hearing, DHHS must notify the Bureau within 90 days. Then the Bureau will offset your debt against your winnings and pay you any remaining amount. If DHHS does nothing within 90 days, the Bureau must pay you all of your winnings.

For gambling winnings DHHS will create an electronic file on you if you are deemed to be past due on child support payments. Whenever you go to collect gambling winnings, your name will be run through the DHHS database. If you are shown to owe money, and if your winnings are over a certain amount, some of the payout will be withheld and used to pay your child support. This also includes casinos intercepting your winnings at slot machines and card games.

In all cases, winnings under a certain amount are not going to be withheld. The amount depends on two things: the game played and the amount won compared to the amount gambled.

As with lottery winnings, when your winnings are withheld, you have 15 days to ask DHHS for a hearing if you believe that the withholding was incorrect or for the wrong amount.

Can DHHS take my Lump-Sum Worker's Compensation Award?

DHHS sends a monthly list of people who owe child support to the Worker's Compensation Board. The Board is required to check the list before paying a lump sum settlement. If you're on the list, the Board must notify DHHS before they pay you. Then DHHS will try to use your settlement to pay the child support debt.

When can DHHS take my Driver's License, Occupational License or Recreational License?

DHHS may revoke your driver's license, occupational license or recreational licenses if:

you are more than 60 days overdue on your child support payments;
you do not have, or are not keeping up with, a payment arrangement to pay toward back support; and
DHHS can also revoke your license if you fail to provide health insurance for your child after you have been ordered to

Note: DHHS should not revoke your license if you are receiving TANF or SSI for yourself or state supplemental SSI benefits for your child.

What to do if DHHS tries to take your license

Step One: DHHS's Notice of Intention

DHHS will send you a Notice of Intention to give your name to the Secretary of State's office as someone who is "not in compliance with an order of support." If you get this Notice, contact DHHS immediately. If you can't come to an agreement, you may ask for a hearing. You have 20 days to ask for the hearing once you get the written notice.

Step Two: Negotiating an Agreement with DHHS

DHHS should agree not to revoke your license if you:

pay your current support,
make a written payment arrangement with them to pay a certain amount toward back support, and
if health insurance is an issue and insurance is reasonably available through your employment, provide health insurance

Before making an agreement with you on payment of past support, DHHS can require you to fully disclose your assets, income and liabilities on a DHHS form. If you reach agreement with DHHS, be sure to get from them in writing a statement of any payment arrangement you have made and a statement that your are "in compliance with your support order." This should protect you from an accidental revocation of your license while you are making payments toward the back debt.

Step Three: Request a Hearing

If you request a hearing in writing within 20 days, DHHS will not have your licensed revoked pending the outcome of the hearing. Even if you think you can reach an agreement with DHHS, you should request a hearing within the 20 day deadline. This will protect your rights and prevent the immediate revocation of your license. If you reach agreement, you can always withdraw your hearing request.

If DHHS doesn't get your written hearing request within 20 days, your license will probably be revoked. The notice should give you an address saying where to send the hearing request. Keep a copy of your hearing request and note when you put it in the mail or delivered it to DHHS.

Step Four: Going to the Hearing

To avoid losing your license, at the hearing you must prove you are "in compliance with your order of support." Try to get a lawyer for the hearing. Bring documents and witnesses. You must show that:

You have paid current support in the last 60 days;
You have paid past-due child support, under a written agreement with DHHS, within the past 60 days; and
You have complied with any order to provide health insurance

If you are receiving TANF, or SSI, tell the hearing officer. DHHS should not be trying to revoke your license. If a child you owe back support for is now living with you, explain that to the hearing officer and show documents to prove your receipt of assistance for the child. Ask the hearing officer to find that DHHS cannot collect from you or revoke your licenses while you are getting low-income benefits for that child.

Step Five: What if I lose the DHHS Hearing?

If you lose your hearing, you have 30 days to file an appeal in Superior Court. If you don't already have a lawyer, seek legal advice.

Note: DHHS can also go to Court on behalf of the child's custodial parent on a "Motion to Enforce" an existing Court Order. Here, DHHS can ask for a number of things including revocation of your licenses. To do this, the Court must first find that you have the ability to pay all or part of the support award. The Court order should also say what you have to do to avoid loss of your license, or to get it back if it is revoked.

What if I can't afford to pay?

If you can't afford to pay the support you owe and you can't reach agreement with DHHS, try to get legal help. Don't wait until after your hearing to find a lawyer. A lawyer may be able to help you get a court decision that your license should not be revoked, if DHHS did not offer you a payment agreement you could afford.

What if I sign an agreement?

If your financial situation changes so that you can't keep up with the agreement, contact DHHS to try to get the agreement changed.

If you don't pay, or can't come to a new agreement with them, DHHS can go to Court on a Motion to Enforce and ask the Court to order revocation of your licenses. You will be served with a copy of the court motion and will be given the chance to oppose the motion. But, if the Court finds against you, it can suspend your licenses, and impose other collection remedies.

Can I get a Temporary License after Suspension?

If your license has already been suspended for nonpayment of support, you may ask DHHS to send a written statement to the Secretary of State that allows the Secretary of State to issue you a temporary license for 120 days. To get that statement you must:

show a substantial need for the license, and
convince DHHS that you intend to comply with your support order or to get the order amended

Can DHHS publish my name in a Newspaper?

DHHS may have your name printed in the newspapers if you owe past-due child support. Publication may include the place where you live and the amount of unpaid child support. Some newspapers may refuse to publish the names, but you can't count on this.

Can I get my Child Support Order changed?

Yes! If your circumstances have changed "substantially" since your most recent support order, you should try to change your order as soon as possible.

For example, if you have lost your job, had a decrease in pay, or if the other parent has had an increase in income, you can probably get your child support amount reduced. The change will not affect any past debt. It will only change your payments going forward from the date you file a request to modify your support.

If you are paying support under a court order, you must go to court to have it changed. Ask the court clerk for a "Motion to Modify" forms packet. You may want to find a lawyer to help you. Read more on Motion to Modify.

If you are paying support under a DHHS order, you may request an "Amendment Review" hearing to have the order changed. Get more information.

If your earlier support order did not include an order to withhold earnings, your modified order will add an Immediate Income Withholding Order. If you can show "good cause" why withholding should not be required, you can avoid the automatic withholding provision.

If your original order did not require you to get medical insurance for your children, that issue will also be reviewed. If a group or employee insurance program is available to you at a reasonable cost, you will be required to provide insurance for your children.

Note: If one or all of the children you pay support for come to live with you, file a motion to modify your child support immediately. An informal agreement with the other parent about changing your child support will not do you any good. The order stays in effect until you get it changed.

If all of your children you owe back support for now live with you and you get low-income benefits for any of them, DHHS should stop all child support collections.

More Family Law Resources

If you need to know more about your specific DHHS child support case or need legal advice in a related family law matter, these resources may be helpful:

Maine Department of Health and Human Services – Child Support Services

Maine DHHS provides some information for parents paying child support, and a listing of their local Child Support Offices you can call if you have questions.

Maine Lawyer Referral Service

This service will refer you to a private attorney for a $25 fee. The first half-hour of advice is free.

July 2022
PTLA # 384D