Support in Maine

How Maine Calculates Child Support

Maine uses an income shares model under 19-A MRSA Chapter 63 to calculate child support. The model is based on the premise that children should receive the same proportion of parental income they would have received had the family remained together. Both parents’ incomes are combined to determine the total support obligation, and each parent’s share is allocated proportionally based on their percentage of the combined income.

The calculation begins with each parent’s gross income from all sources, including wages, salaries, commissions, bonuses, pensions, Social Security benefits, workers’ compensation, unemployment benefits, rental income, and investment income. Self-employment income is included after deducting ordinary and necessary business expenses. If a parent is voluntarily unemployed or underemployed, the court may impute income based on the parent’s education, work history, and available employment opportunities.

Adjustments are made for the cost of health insurance for the child, work-related child care expenses, and pre-existing support obligations. The adjusted combined income is then applied to the guidelines table, which produces a basic support amount for the applicable number of children.

For a general explanation of how income shares models work, see our guide on how child support is calculated. You can also estimate your potential obligation with our child support calculator.

Parenting Time Adjustments

Maine’s guidelines account for shared parenting time. When a child spends a significant portion of time with each parent, the support obligation may be adjusted to reflect the increased costs each parent incurs in maintaining a suitable home for the child. The specific adjustment depends on the number of overnights the child spends with each parent and the resulting duplication of fixed expenses.

Deviation from Guidelines

The court may deviate from the guidelines amount when strict application would be unjust or inappropriate. Deviation factors include:

• Extraordinary medical expenses not covered by insurance
• Extraordinary educational expenses
• Special needs of the child
• The child’s own financial resources
• The standard of living the child would have enjoyed had the family remained intact
• The obligor’s support obligations for other children
• Transportation costs associated with parenting time
• Other factors the court considers relevant

Any deviation must be accompanied by written findings explaining the basis for departing from the guidelines.

Modifying or Terminating Child Support

Either parent may petition the court to modify child support upon a showing of a substantial change in circumstances that was not anticipated at the time of the original order. Common grounds include significant changes in income, changes in the child’s needs, or a change in the parenting arrangement.

Child support in Maine generally continues until the child reaches age 18, or age 19 if the child is still attending secondary school. The court may also order support beyond age 18 in limited circumstances, such as when the child has special needs.

Enforcement of Child Support Orders

The Maine Division of Support Enforcement and Recovery (DSER) has comprehensive enforcement authority:

• Automatic income withholding from wages
• Interception of state and federal tax refunds
• Suspension of driver’s, professional, and recreational licenses
• Liens on real and personal property
• Reporting arrearages to credit bureaus
• Contempt of court proceedings
• Passport denial for arrearages exceeding $2,500

Arrearages accrue as a judgment by operation of law and cannot be retroactively reduced.

Spousal Support in Maine

Spousal support in Maine is governed by 19-A MRSA Section 951-A and is available in five forms:

• General support — Awarded when a spouse has a demonstrated need and the other spouse has the ability to pay. General support addresses ongoing economic disparity and may be awarded for a defined term or indefinitely depending on the circumstances.
• Transitional support — Helps a spouse adjust to the economic consequences of divorce by providing short-term assistance while the spouse establishes financial independence.
• Reimbursement support — Compensates a spouse who made economic sacrifices to support the other spouse’s education, training, or career advancement during the marriage.
• Nominal support — Preserves the court’s jurisdiction to award support in the future if circumstances change.
• Interim support — Temporary support awarded while the divorce is pending.

The court considers factors including the length of the marriage, each party’s income and earning potential, age and health, contributions as a homemaker, the standard of living during the marriage, and the ability of the requesting spouse to become self-supporting within a reasonable time.

When to Seek Legal Guidance

Maine’s income shares model provides a structured framework for child support, but the multiple forms of spousal support and the discretion courts exercise in applying the factors make each case fact-specific. Whether you are calculating child support or evaluating a spousal support claim, consider scheduling a free consultation with a family law attorney.

Statutes referenced: 19-A MRSA Chapter 63 (Child Support), 19-A MRSA Section 951-A (Spousal Support).

Frequently Asked Questions

How is child support calculated in Maine?

Maine uses a formula that considers both parents’ income, the number of children, custody arrangements, and expenses like healthcare and childcare. The court applies state guidelines to determine the base amount, though deviations are possible in certain circumstances.

Can child support be modified in Maine?

Yes. Either parent can request a modification if there has been a substantial change in circumstances, such as a significant change in income, a change in custody arrangements, or increased expenses for the child. The court must approve any modification to an existing order.

How long does child support last in Maine?

In most cases, child support in Maine continues until the child turns 18 or graduates from high school, whichever comes later. Some states extend support through college or for children with special needs. Check Maine’s specific rules for exceptions.

What happens if a parent does not pay child support in Maine?

Maine has enforcement mechanisms including wage garnishment, tax refund interception, license suspension, and contempt of court proceedings. The receiving parent can work with Maine’s child support enforcement agency to collect unpaid support.

Does Maine award alimony in divorce cases?

Maine courts may award alimony (also called spousal support or maintenance) based on factors like the length of the marriage, each spouse’s earning capacity, contributions to the marriage, and the standard of living during the marriage. Alimony is not automatic and depends on the specific circumstances of the case.