Maine Revised Statutes Title 22 Sec. 3280 – Liability of relatives
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Terms Used In Maine Revised Statutes Title 22 Sec. 3280
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
The spouse of a beneficiary of state supplemental income is, if of sufficient ability, responsible for the partial or total support of the beneficiary. In determining the ability of such a spouse, the spouse’s assets as well as the spouse’s income must be considered. [RR 2021, c. 2, Pt. B, §170 (COR).]
The Attorney General shall bring proceedings in the name of the State of Maine in any court of competent jurisdiction to compel any person liable under this section to contribute to the support of any recipient of such benefit, if, after reasonable efforts on the part of the department, voluntary contributions have not been made. The court shall determine a fair and reasonable amount for support to be paid by the defendant to the department as reimbursement for moneys furnished to a recipient. [PL 1973, c. 790, §3 (NEW).]
The action must be brought as a petition for support upon not less than 7 days’ notice. Upon failure to pay the support ordered, execution must issue. The State shall pay the expense of commitment and support when the defendant is committed to jail on execution and the defendant may be discharged in the same manner as provided by Title 19?A, section 952. [RR 1997, c. 2, §47 (COR).]
The department shall encourage and stimulate voluntary contributions from the parents and adult children of the recipients of such aid, if such relatives are of sufficient ability to contribute toward the support of such recipients. [PL 1973, c. 790, §3 (NEW).]
SECTION HISTORY
PL 1973, c. 790, §3 (NEW). RR 1997, c. 2, §47 (COR). RR 2021, c. 2, Pt. B, §170 (COR).