CONTENTS
Introduction
I. Get the Forms
II. Fill
out the Child Support Affidavit
III. Fill out
the Child Support Worksheet
IV. What if my Income
is Very Low and I Can't Afford to Pay?
V. What if
I Think The Child Support Guidelines Don't Work For My Case?
VI. If You Have
More Questions...
VII. Criteria For
Deviating From Support Guidelines
Although it may seem confusing at first, calculating a proposed child support
amount is not all that difficult. You must use the Court's Child Support
Table (titled the "Maine Schedule of Basic Child Support Obligations")
to figure out the amount of child support a parent must pay. The amount
calculated under the Table is presumed to be the right amount. If you want
a larger or smaller amount, you need to explain to the judge why the Table
shouldn't be used.
This information tells you how to use the Child Support Guidelines and
how to fill out the Child Support Worksheet and the Child Support
Affidavit.
If you are preparing for a DHHS support hearing, rather than a Court
case, go to: Child Support and Debt Due for
Past Support: How Much Do I Owe?
The first thing you must do is get the forms you will need. You can get
these forms from any court clerk's office. You can also get the forms from
our forms page. You will find self-calculating
versions of the Child Support Worksheet and Child Support Affidavit on the
Interactive Forms list.
|
 We have posted
our newest version of the interactive child support worksheet. It is more streamlined than the
the old one. It looks up amounts from the from the child support table. This means fewer
steps for you.
This form requires Acrobat
Reader 5.0 (or newer) to work. If you don't have version 5.0, you can get it for free from the
Adobe website.
|
The pdf sample forms linked to this information are not the actual forms.
They are only samples. To be sure you are doing this right, use the
forms and Guidelines you got from the court clerk or the web site.
If you are bringing a Divorce or Parental Rights complaint--or a Motion
to Amend or Enforce a family law order--there are additional forms you will
need to complete, serve, and file. Go to the court clerk's office
to get a forms packet, or read our on-line handbook Divorce
and Parental Rights in Maine or Family
Law in Maine: Post-Judgment Motions and use our on-line forms as instructed
there.
| II. Fill Out The Child Support Affidavit |
First you need to fill out the Child Support Affidavit. Both you
andthe other parent need to fill out your own form. If the other party
refuses, you can fill out one for him, using your best estimate of his income.
The purpose of the Affidavit is to give the Court a reliable statement
of your income and expenses. It is not difficult to fill out. You just need
to collect all the information asked for on the form. If you have earnings,
attach the most recent W-2 form and pay stub. Once you have completed the
Affidavit, sign it in front of a notary, an attorney, or the court clerk.
Give a copy of your Affidavit to the other parent, and get of copy of hers
for yourself. The original Affidavit goes to the court. Affidavits should
be exchanged and filed with the court at least 3 days before the first case
management conference.
Click here to see sample Child Support Affidavits.
Note: You will need Adobe Acrobat Reader to view these documents.
If you need help downloading this free software click
here
The sample form has been filled out for this pretend family:
| There are three children who live with their mother during the
week. Two are under 12 and one is 15. The mother's total gross income
for this year is $10,000. She pays $65 per week in childcare for
the children under 12. One child has diabetes, which costs $20 per
week in medication and is not covered by insurance. The mother
pays $10 a week in health insurance premiums for herself.
The father's total gross income for this year is $18,000. He
pays $3,000 a year in child support for children from an earlier
relationship. The father also pays weekly health insurance premiums
of $40, of which $30 is for the children. This information will
appear in the Affidavits.
|
| III. Fill Out The Child Support Worksheet |
Only one Worksheet needs to be completed and filed with the court. Click
here to see a sample Child Support Worksheet completed for the pretend
family.(This document also shows the Court's Worksheet instructions.
Click here to see an underlined section
of the Child Support Guidelines.)
The sample Worksheet is similar to the one you will get from the clerk's
office or forms page. The actual form is a two-sided form, with the
Calculating "Amount from Table" instructions on the back.
Note: If you have access to a computer with a newer version
of Adobe Acrobat Reader, you can use the
Self-Calculating "Look-Up" Worksheet form that will do the calculations for you.
|
Using the sample Worksheet, the pretend family's
combined adjusted gross income is $25,000. The mother's
share is 40%. The father's share is 60%. The Child
Support Guidelines show a weekly support amount of $48 for each
of the two children under 12 and $60 for the 15 year old.
Then the Worksheet adds in the weekly child care, medical expenses,
and health insurance costs to find a total weekly support amount
of $271.
This support amount is then divided between the parents based
on the percentage of income that they have contributed to their
combined adjusted gross income. The father must pay a weekly
amount of $132.60 ($271 x .60 minus the $30 he pays per week for
health insurance premiums for the children). It is assumed
that the mother provides her share because she cares for the children
most of the time. The father must pay his share to the mother.
|
| IV. What If My Income is Very Low and I Can't Afford to
Pay? |
If your children live most of the time with the other parent
and your income is very low, look at the Table to see if your income
falls within the gray area at the low end of the chart. If your income
is in this lowest range, then find your support amount on the Table using
only your annual gross income (not both parents' combined income).
|
Example
Your annual gross income is $8600. You have
two children, age 5 and age 13. You are not the "primary
care provider." Your basic support obligation would be
$27 per week ($12 for the younger child and $15 for the older child).
You will still add to this amount your portion of child care
and medical expenses (see example above).
Note: If your annual gross income is
below $8,591, then your support obligation is capped at 10% of your
income.
|
| V. What If I Think The Child Support Guidelines Don't Work
For My Case? |
The Criteria For Deviating From Support
Guidelines lists reasons that the Court can use to order a different
amount. If you want the Court to order a different amount of child support
than the amount on your worksheet, tell the judge or Magistrate how much you think
the support amount should be. You must be ready to explain why your situation
fits one of the reasons listed in the linked Criteria.
Beginning September 13, 2003, where both
parents provide "substantially equal care," the child support calculation
will be different. The calculation is more complicated. If you can't afford a
lawyer, you will probably need help from the Magistrate,
a Courthouse Assistance Project or the VLP HelpLine to calculate the basic weekly child support amount.
If either party needs to rely on TANF for basic income, you should avoid a "substantially
equal care" arrangement. If this is ordered, you will most likely lose
your TANF benefits.
| VI. If You Have More Questions... |
Call the Maine Volunteer Lawyers Project (VLP) at 1-800-442-4293
to make an appointment for a Helpline volunteer to call you on a Wednesday
evening. Also, Courthouse Assistance Projects are
now operating in several courts; trained volunteers go to some courts on
a weekly or monthly basis to answer questions or help you fill out the forms.
If you still have questions about the child support calculations
when you go to your first court conference, ask the Magistrate
for help.
| VII. Criteria For Deviating From Support Guidelines |
These are reasons that the Court may use to order a child
support amount that differs from the child support guidelines.
A. The application of Section 2006, Sub-section 5, Paragraph D or D-1
[the "substantially equal care" provisions] would be unjust, inequitable or not in
the child's best interest;
B. The number of children for whom support is being determined
is greater than 6;
C. The interrelation of the total support obligation established
under the support guidelines for child support, the division of property
and any award of spousal support made in the same proceeding for which a
parental support obligation is being determined;
D. The financial resources of each child;
E. The financial resources and needs of a party, including
non-recurring income not included in the definition of gross income;
F. The standard of living each child would have enjoyed had
the marital relationship continued;
G. The physical and emotional conditions of each child;
H. The educational needs of each child;
I. Inflation with relation to the cost of living;
J. Available income and financial contributions of the domestic
associate or current spouse of each party;
K. 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 non-primary care
provider, that factor may be considered;
L. 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;
M. [Deleted as of September 21, 2001]
N. 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;
O. 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;
P. An obligor party's substantial financial obligation regarding
the costs of transportation of each child for purposes of parent and child
contact. To be considered substantial, the transportation costs must exceed
15% of the yearly support obligation;
Q. 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.
Divorce and Parental Rights in
Maine
Divorce and Separation:
Where Can I Get Help?
