Child support is the type of legal issue for which you usually need a lawyer. It can be very confusing trying to figure out how much is owed and what happens if you do not meet those requirements. Maine Office of Family Independence’s Division of Support Enforcement & Recovery (DSER) can inform you about your rights and assist you in figuring out some of the more complicated parts.
Child support is paid to the custodial parent by the noncustodial parent. Now if both parents have equal or close to equal amounts of time with the child then the amount you pay will change based on that.
The first thing you have to do in order to get child support in Maine is to get the forms from your local court. Next, you have to fill out a child support affidavit. In that affidavit, you have to include your and the other parent's financial information. If you do not have the other person’s financial information, then you have to put down the best estimate you can. The last thing you have to do is fill out a child support worksheet yourself or have the court magistrate fill it out for you.
If you do not pay child support, the state of Maine will first do a wage garnishment where DSER will directly take the child support money out of your paycheck. Other ways the state will enforce child support is by garnishing your bank account, taking your tax return, placing a lien on your property, and selling your personal property such as cars. The state can also take away your license and passport.
A noncustodial parent has rights to visitation that cannot be affected by nonpayment. If you have court ordered visitation and the other parent is not allowing you to see your child, you can return to court to ask that the visitation order is enforced. Even if you have not paid or are behind on child support payments, you still have rights to visit your children.
You should never stop paying child support without discussing it with a lawyer first. Otherwise, you will most likely end up owing child support and can end up in trouble. The easiest way to stop paying child support is to reach an agreement with the other parent. However, the most common way to stop paying child support is if the noncustodial parent shows they are not the biological parent. This typically happens when a couple is married and the husband is the presumed father, but the wife actually became pregnant by another man. If you think you are not the father, you can ask for a paternity test. However, if you were never married, but you have acknowledged paternity, you have 60 days or the date of the child support hearing, whichever day comes first, to take back your acknowledgement.
It is important to find the right lawyer when you are facing a child support battle. A Maine family law lawyer can help you figure out your rights and responsibilities regarding child support.
Last Modified: 06-18-2018 01:26 AM PDTLaw Library Disclaimer
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