Maine Revised Statutes Title 19-A Sec. 2366 – Employer or holder responsibility and liability
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Terms Used In Maine Revised Statutes Title 19-A Sec. 2366
- Department: means the Department of Health and Human Services and its agents and authorized representatives. See Maine Revised Statutes Title 19-A Sec. 101
- Earnings: means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus or otherwise, and specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, and all gain derived from capital, from labor or from both combined, including profit gained through sale or conversion of capital assets, and unemployment compensation benefits and workers' compensation benefits. See Maine Revised Statutes Title 19-A Sec. 2101
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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
A person who fails to honor an order to withhold and deliver, an order for expedited withholding, or a duly executed assignment of earnings, or fails to surrender property under section 2363, is liable to the department for the greater of $500 or the amount the person was required to remit to the department under a lien, order to withhold and deliver, order for expedited withholding, demand for surrender or assignment of earnings, together with costs, interest and reasonable attorney’s fees. [PL 1997, c. 332, §1 (AMD); PL 1997, c. 332, §2 (AFF).]
When an order to withhold and deliver or assignment of earnings is in effect and the obligor‘s employment is terminated or the periodic payment terminates, the obligor’s employer or other payor of funds shall notify the department of the termination within 30 days of the termination date. The notice must include the obligor’s last known home address, the obligor’s social security number, the support enforcement case number and the name and address of the obligor’s new employer or payor of funds, if known. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 1995, c. 694, Pt. B, §2 (NEW). PL 1995, c. 694, Pt. E, §2 (AFF). PL 1997, c. 332, §1 (AMD). PL 1997, c. 332, §2 (AFF).