Maine Revised Statutes Title 19-A Sec. 2109 – Limitations on collection of child support
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A person other than an employee of the department who enters into an agreement with another to collect child support is subject to the following limitations. [PL 2003, c. 562, §1 (NEW).]
1. Fee limitation. In a contingent-fee contract for the collection of child support, the fee may be based only upon the amount of unpaid past child support arrearage calculated as of the date when the contract is signed. A fee may not be based on current or future child support payments and may be assessed only on funds actually received by the child support obligee.
[PL 2003, c. 562, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 19-A Sec. 2109
- Child support: means money paid directly to a parent, to another person or agency awarded parental rights and responsibilities with respect to a child or to the department on behalf of a child receiving public assistance and medical or dental insurance coverage provided on behalf of a child pursuant to court order. See Maine Revised Statutes Title 19-A Sec. 1501
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Health and Human Services and its agents and authorized representatives. See Maine Revised Statutes Title 19-A Sec. 101
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Obligee: means any person to whom a duty of support is owed. See Maine Revised Statutes Title 19-A Sec. 101
- Obligor: means any person owing a duty of support. See Maine Revised Statutes Title 19-A Sec. 101
- Person: means an individual, trust, estate, partnership, association, company, corporation, political subdivision of the State, instrumentality of the State or other entity. See Maine Revised Statutes Title 19-A Sec. 101
- state: means any state, territory or possession of the United States, the Commonwealth of Puerto Rico and the District of Columbia. See Maine Revised Statutes Title 19-A Sec. 101
2. Collection practices limitations. Each person who enters into an agreement with another to collect child support is subject to the provisions of Title 32, chapter 109-A if either the support obligee or the support obligor is a resident of this State.
[PL 2003, c. 562, §1 (NEW).]
3. Requirement for written contract. Each agreement between a person who collects or offers to collect child support and a child support obligee must be in writing, dated and signed by the support obligee. The contract must contain a full and detailed description of the services to be performed for the support obligee and the terms and conditions of payment. The contract may not contain a penalty for termination at any time by the support obligee.
[PL 2003, c. 562, §1 (NEW).]
4. Basis of compensation. A collector of child support obligations may not impose a charge or fee for any child support payments collected primarily through the efforts of a governmental agency.
[PL 2003, c. 562, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 562, §1 (NEW).