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Maine Child Support Laws
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Termination of Child Support under Maine Laws.
After January 1, 1990, if the court orders either parent to provide child support, the court order must require that the child support be provided beyond the child's 18th birthday if the child is attending secondary school, until the child graduates, withdraws or is expelled from secondary school or attains the age of 19, whichever occurs first.
Deviation from Child Support Guidelines.
Criteria that may justify deviation from the child support guidelines are as follows:1. The noncustodial parent is in fact providing primary residential care for more than 30% of the time per year;
2. The number of children for whom support is being determined is greater than 6;
3. The interrelation of the total support obligation established under the support guidelines for child support, the division of property and an award of spousal support made in the same proceeding for which a parental support obligation is being determined;
4. The financial resources of each child;
5. The financial resources and needs of a party, including nonrecurring income not included in the definition of gross income;
6. The standard of living each child would have enjoyed had the marital relationship continued;
7. The physical and emotional conditions of each child;
8. The educational needs of each child;
9. Inflation with relation to the cost of living;
10. Available income and financial contributions of the domestic associate or current spouse of each party;
11. The existence of other persons who are actually financially dependent on either party, including, but not limited to, elderly, disabled or infirm relatives, or adult children pursuing post-secondary education. If the primary care provider is legally responsible for another minor child who resides in the household and if the computation of a theoretical support obligation on behalf of the primary care provider would result in a significantly greater parental support obligation on the part of the nonprimary care provider, that factor may be considered;
12. The tax consequences if the obligor is awarded any tax benefits. In determining the allocation of tax exemptions for children, the court may consider which party will have the greatest benefit from receiving the allocation;
13. The fact that income at a reasonable rate of return may be imputed to non income producing assets with an aggregate fair market value of $10,000 or more, other than an ordinary residence or other asset from which each child derives a substantial benefit;
14. The existence of special circumstances regarding a child 12 years of age or older, for the child's best interest, requires that the primary residential care provider continue to provide for employment-related day care;
15. Substantial cost of transportation, exceeding 15% of the yearly child support obligation, incurred due to visitation with the child; and
16. A finding by the court or hearing officer that the application of the support guidelines would be unjust, inappropriate or not in the child's best interest.
Maine Division of Support Enforcement and Recovery.
Find out more about general child support laws.
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General Maine Divorce Laws
Maine Alimony Laws
Maine Child Custody Laws
Maine Child Support Laws
Maine Property Division Laws
© Help Yourself Divorce 2002-2008
IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don't rely on this information for legal advice. Seek help from an attorney if you need legal advice.
This information has been summarized from the Maine statutes. You can find the full-text version of these and other Maine divorce statutes online here: Maine Divorce Law.