Maine Revised Statutes Title 19-A Sec. 3153 – Choice of law
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1. Current payments, other obligations and arrearages under order. Except as otherwise provided in subsection 4, the law of the issuing state or foreign country governs:
A. The nature, extent, amount and duration of current payments under a registered support order; [PL 2003, c. 436, §37 (NEW).]
B. The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and [PL 2003, c. 436, §37 (NEW).]
C. The existence and satisfaction of other obligations under the support order. [PL 2003, c. 436, §37 (NEW).]
[PL 2009, c. 95, §64 (AMD); PL 2009, c. 95, §87 (AFF).]
Terms Used In Maine Revised Statutes Title 19-A Sec. 3153
- Foreign country: means a country, including a political subdivision thereof, other than the United States, that under its law authorizes the issuance of support orders and:
A. See Maine Revised Statutes Title 19-A Sec. 2802Issuing state: means the state in which a tribunal issues a support order or a judgment determining parentage of a child. See Maine Revised Statutes Title 19-A Sec. 2802 Law: includes decisional and statutory law and rules and regulations having the force of law. See Maine Revised Statutes Title 19-A Sec. 2802 Responding tribunal: means the authorized tribunal in a responding state or foreign country. See Maine Revised Statutes Title 19-A Sec. 2802 state: includes an Indian nation or tribe. See Maine Revised Statutes Title 19-A Sec. 2802 Statute: A law passed by a legislature. Support order: means a judgment, decree, order, decision or directive, whether temporary, final or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse or a former spouse, that provides for monetary support, health care, arrearages, retroactive support or reimbursement for financial assistance provided to an individual obligee in place of child support. See Maine Revised Statutes Title 19-A Sec. 2802 Tribunal: means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage. See Maine Revised Statutes Title 19-A Sec. 2802 tribunal of this State: means the District Court or the Department of Health and Human Services. See Maine Revised Statutes Title 19-A Sec. 2802
2. Proceeding for arrears. In a proceeding for arrears under a registered support order, the statute of limitation of this State or of the issuing state or foreign country, whichever is for a longer period of time, applies.
[PL 2009, c. 95, §64 (AMD); PL 2009, c. 95, §87 (AFF).]
3. Procedures and remedies of this State. A responding tribunal of this State shall apply the procedures and remedies of this State to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this State.
[PL 2009, c. 95, §64 (AMD); PL 2009, c. 95, §87 (AFF).]
4. Application of law of state issuing controlling order. After a tribunal of this State or another state determines which order is the controlling order and issues an order consolidating arrears, if any, a tribunal of this State shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support and on consolidated arrears.
[PL 2009, c. 95, §64 (AMD); PL 2009, c. 95, §87 (AFF).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 2003, c. 436, §37 (RPR). PL 2009, c. 95, §64 (AMD). PL 2009, c. 95, §87 (AFF).