Support Collection:

What Can DHHS Do to Make Me Pay?

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.

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CONTENTS

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Introduction

What is this information and how will it help me?
What does the law say about a parent's duty to support?
Why is the Department of Health and Human Services (DHHS) involved in child support?

Can DHHS take money from my paycheck before I get it?
Can DHHS attach my Unemployment Insurance?
Is any of my income protected from Child Support Collection?
What happens to the support I owe if I file for Bankruptcy?
Should I talk To DHHS about setting a lower weekly amount that I can afford?
Can DHHS take any of my property?
What property is protected?
Can DHHS take money out of my Bank Account?
What should I do if a Deputy Sheriff serves me with a DHHS "Seize And Sell" Order?
Can DHHS take my Income Tax Refund?
Can DHHS make me disclose my Income and Assets?
What if I don't appear at the Hearing?
What happens at the Hearing?
What happens after the Hearing?
When can DHHS report me to a Consumer Credit Reporting Agency?
Can DHHS take my lottery winnings? Can DHHS take my Lump-Sum Worker's Compensation Award?
When can DHHS take my Driver's License or Occupational License?
What if I can't afford to comply? What if I sign an agreement, then don't follow through on it?
Can I get a Temporary License after Suspension?
Can DHHS publish my name in a newspaper?
Can I get my Child Support Order changed?

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What is this information and how will it help me?

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

• How paternity is established
  
• How to figure your child support obligation
  
• How the DHHS hearing process works 

These materials do not cover other areas of family law such as 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.  

Family Law Resources
Agency	Services
Department of Health and Human Services   Division of Support Enforcement   Central Office 11 State House Station Augusta, ME 04333   (207) 287-3110	Support Enforcement will direct you to the agent assigned to your case or to someone who can answer your questions.
Maine Lawyer Referral Service 124 State St.   Augusta, ME 04330   1-800-8601460 or 622-1460 (local)	This service will refer you to a private attorney for a $25 fee. The first half-hour of advice is free.
Volunteer Lawyers Project   88 Federal Street PO Box 547 Portland, ME 04112  1-800-442-4293 or 774-4348 (local)	This service provides referrals for low income people to Pine Tree Legal Assistance or to lawyers who volunteer their time for some types of family law matters.  If they cannot find you a lawyer, they may be able to give you a self-help guide and provide over-the-phone help or referral to a Courthouse Assistance Project.

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 third party 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 he is 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:  those who receive Temporary Assistance for Needy Families (TANF) and those who do not receive TANF but who ask DHHS to help collect the support. DHHS collects child support for all families unless they are not getting TANF and they take steps to opt out of the system.  When DHHS collects support for TANF families, it gives part of the support to the family and keeps the rest to reimburse 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 week fee for the collection service.  

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 issuing its support order.

An Immediate Income Withholding Order will not be issued:

• if the Court or DHS 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 his health insurance plan and to deduct the cost from your wages.  If you are ordered to provide health insurance and you cannot afford to do so, 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 must 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 and MaineCare, or SSI,  for your child, or
• you are disabled and getting SSI for yourself
• the child for whom you owe back support is now living with you and you are getting low-income benefits for that child

If DHHS decides to take your wages, it will send you and your employer an Order to Withhold and Deliver. 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 Order to Withhold. If your employer violates this law, you could sue him and he 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.

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Can DHHS attach 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 that 50% of your check taken.


• You can make an agreement with DHHS to have them take less that the amount now being taken out of your check.  However, 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 and MaineCare, or SSI, for your natural or adopted child, DHHS should not withhold anything from your unemployment check.  If DHHS is collecting back support for a child who now lives with you and you get low-income benefits for that child, DHHS should suspend collection and not take money from your 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. However, in order to take any money for past due support from your check, 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.

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Is any of my income protected from Child Support Collection?

The following kinds of income cannot be withheld from you:

• Public assistance such as TANF, MaineCare, SSI, Food Stamps and General Assistance;


• Money received as child support for other children in your household.

If you get TANF and MaineCare, 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. If DHHS is collecting back support for a child who now lives with you and you get 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 for whom support is being sought), 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 attached.

Examples:

1) You live alone.  You have a monthly income of $520 from social security benefits, including $212 SSI and $308 regular disability benefits. The SSI doesn't count, so your gross monthly income is $308. If you owe a child support arrearage, DHHS can take up to $169 each month (55% of $308) 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.  If you think DHHS is requiring more than you can afford, you can ask for a fair hearing.

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 an arrearage, DHHS should not collect it while you are getting TANF and MaineCare for that child.

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

If you are required to pay child support and you file for bankruptcy, DHHS cannot take any further action to collect past support.  However, you will still be required to pay current support.  The bankruptcy court determines what will happen to your past debt. You may still have to pay off your past 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, he may agree to accept a lower payment amount. Get this agreement in writing.  You can request a fair hearing if you believe that DHHS is refusing to accept a reasonable plan.

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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 released 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.

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What property Is protected?

These items are exempt from "seizure and sale" by DHHS:

• $12,500 of equity in your home;
• your equity in one motor vehicle, up to $2,500;
• 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:  The list of exempt property for court-ordered property attachments is broader.  If you are called to a court hearing, contact a private lawyer or PTLA to learn about your protected property.

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Can DHHS take money out of my bank account?

DHHS's "seizure and sell" powers extend to your bank accounts. In addition, 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 proceed to "seize" money from your account if you owe more than $500 which has been owed for at least 60 days.  Also, 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 a DHHS fair hearing.  See next section.

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

Call a lawyer or Pine Tree Legal 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 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. When DHHS is acting for a parent who is not getting TANF, the past-due amount must be greater than $500.

State Refund

If you owe more than $25 and are at least 30 days behind, DHS will notify the State Tax Assessor to offset your state tax refund. DHHS must send you a notice of its intent to take any tax refund.

Note: If you are getting TANF and MaineCare, or SSI on the date of the IRS notice, you are exempt from both the federal and the state income tax refund offset. Here is how to deal with the problem.

You will get two notices about this.  The first will be from DHHS saying they are going to take your refund.  You will then get a second notice, this time from the IRS, saying how much they have taken. When you get the second notice (the one from IRS), contact DHHS right away and ask them to return the refund to you.  Although DHHS should send the money back to you without a hearing, be sure to request a DHHS hearing in writing immediately after you get the second notice--the one from the IRS.  This will protect your right to press the matter to a formal hearing to get your money back.  You can always dismiss the hearing request if DHHS returns your money before the hearing date.

Note: If DHHS is collecting past support for a child who now lives with you and you are getting any low-income benefits for that child, call Pine Tree Legal Assistance.  DHHS should not be withholding a tax refund from you.  However, you may need legal help to get your money back.

If you are not receiving any public assistance (TANF and MaineCare, or SSI), you still have the right to claim that the offset of your tax refund is wrong.  Ask for a fair hearing within the time limit stated in the first notice from DHHS. (If you miss that date, then you should appeal again when you get the IRS offset notice.) You may want to appeal if, for example, you think DHHS is taking more than you owe.

If you filed your tax return jointly with your spouse and want to get your spouse's share back, contact the IRS about filing the right form.

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Can DHS make me disclose 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). Here are the rules:

• DHHS can order you to appear at a DHHS office only if it is within 100 miles of your home. To bring you to court, DHHS can order you to appear in the District Court where you live or in the court that issued the support order.

• DHHS can order you to appear only if:

• you owe $500 or more in overdue support;
• the amount has been owed for 60 days or more; and
• you are not making "reasonable, regular payments" to reduce the debt.

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What If I don't appear at 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."

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 failing to provide the documents DHHS has asked for (unless you have "good cause") or for lying.

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What happens after the Hearing?

DHHS can file a record of the DHHS hearing with the District Court, asking the court to order any of the following:

• 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.)  Read more about income exemptions.
  
• that you turn over non-exempt property to DHHS for sale to satisfy the debt. See list of exemptions.
  
• that a lien be placed 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 seek employment for a 6 month period, reporting to the court weekly, unless you are already or are unable to do so, 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 and the court can order any of the above remedies against you.

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When can DHHS report me to a Consumer Credit Reporting Agency?

DHHS is required to report information about any overdue child support to any consumer credit reporting agency that asks. Before responding to such a request, DHHS must notify you and give you 20 days to contest the accuracy of the information.

DHHS may, on its own, report you to a consumer credit agency if you owe more than $1,000.  DHHS may also report you (even where you owe less than $1,000), if you are at least 90 days behind and you refuse to sign a repayment arrangement. 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.

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Can DHHS take my Lottery Winnings?

If you are behind in your payments, 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 fair 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.

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

DHHS sends a monthly list of persons owing 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 attach your settlement to pay the child support debt.

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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
• you do not have pending a formal motion or request to modify your child support obligation.

DHHS can also revoke your license if you fail to provide health insurance for your child after you have been ordered to do so.

Note:  DHHS should not revoke your license if you are receiving TANF and MaineCare, or SSI.

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Here is how the process works and what you can do about it.

• 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 to resolve your situation. If you can't resolve your situation, you may ask for a hearing. If you ask for a hearing, you must do so within 20 daysof getting 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.

Note:  If you cannot afford to pay the current support amount because your income has dropped, you can also stay the license revocation by asking for a reduction in your weekly support order.  More on this below.

• 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 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 child support arrears, 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 and MaineCare, or SSI, tell the hearing officer. DHHS should not be trying to revoke your license.  If a child for whom you owe back support 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, contact Pine Tree Legal or a private attorney right away.

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 remedies including revocation of your licenses.  To do this, the Court must first find that you have the present ability to pay all or part of the support award.  The Court order should also state what you have to do to avoid loss of your license, or to get it back if it is revoked.

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What if I dan't afford to comply?

If you can't afford to pay the support you owe and you can't reach agreement with DHHS, contact Pine Tree Legal Assistance or a private attorney right away after you receive the notice. Don't wait until after your hearing to find a lawyer. A lawyer may be able to help you seek a court decision that your license should not be revoked, if DHHS did not offer you a payment arrangement you could afford.

Second, if you can't afford to pay your current support amount, ask in writing to modify your child support order right away. If your support order is set by DHHS, make the request to modify in writing to DHHS. If your support order is set by a court, you will have to file a motion to amend your support order in court. Ask the court clerk for a "Motion to Modify" forms packet.  Notify DHHS in writing of your motion. DHHS should not take your license if you have filed a motion to modify your support order.  Read more about Motion to Modify.

What if I sign an agreement?

If your financial situation changes so that you can't keep up with the agreement, caontact DHHS to try to get the agreement changed.  If you simply 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.  (If your child support order was made by DHHS, instead of a court, see the alternative agency procedure above.)  You will be served with a copy of the court motion and will be given the chance to oppose the motion.  However, if the Court finds against you, it can suspend your licenses, as well as 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.

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Can DHHS publish my name in a Newspaper?

DHHS may have your name printed in the State's 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 prospectively, 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 for whom you pay support 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 remains in effect until you get it amended. If all of your children for whom you owe back support now live with you and you get low-income benefits for any of them, DHHS should stop all child support collections.  Call Pine Tree Legal if you need help with this.

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Notice © Pine Tree Legal  Assistance August 2005 Sometimes the laws change. We cannot promise that this information is always up-to-date and correct.  If the date above is not this year, call us to see if there is an update. We provide this information as a public service.  It is not legal advice.  By sending you this information, we are not acting as your lawyer.  Always consult a lawyer, if you can, before taking legal action. Please review our full terms-of-use agreement

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