Maine § 19-A §2306 Immediate withholding of earnings

Maine Statutes

§ 19-A §2306 — Immediate withholding of earnings

Maine·Title 19-A DOMESTIC RELATIONS·Part 3 PARENTS AND CHILDREN·Ch. 65 SUPPORT ENFORCEMENT

1.Withholding order. A decision establishing or modifying a child support obligation under section 2304 must conform with this subsection.

2.Priority of order. Notwithstanding any other law, a withholding order under this section has priority over any previously filed attachment, execution, garnishment or assignment of earnings that is not made for the purpose of enforcing or paying a child support obligation.

3.Obligations of payor of earnings. This subsection governs the obligations of a payor of earnings under this section.

4.Duration of order. A withholding order is binding upon the payor of earnings to the responsible parent until:

5.Payor to be held harmless. A payor of earnings to the responsible parent who honors a withholding order under this section is discharged from any li

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1.
Withholding order.
A decision establishing or modifying a child support obligation under section 2304 must conform with this subsection.
2.
Priority of order.
Notwithstanding any other law, a withholding order under this section has priority over any previously filed attachment, execution, garnishment or assignment of earnings that is not made for the purpose of enforcing or paying a child support obligation.
3.
Obligations of payor of earnings.
This subsection governs the obligations of a payor of earnings under this section.
4.
Duration of order.
A withholding order is binding upon the payor of earnings to the responsible parent until:
5.
Payor to be held harmless.
A payor of earnings to the responsible parent who honors a withholding order under this section is discharged from any liability or obligation to the responsible parent for earnings withheld in compliance with the order. The department shall defend and hold harmless a payor for honoring the order.
6.
Notice of termination of payor-payee relationship.
When the relationship between the payor of earnings and the responsible parent that provides for the payment of earnings to the responsible parent, whether the relationship is that of employer and employee or any other, is terminated, the payor shall, within 15 days of the termination, send the department a written notice of the termination. The notice must include:
7.
Liability of payor; violations.
A payor is liable, after service of the withholding order, for any earnings the payor fails to withhold and send to the department within 7 business days of the day the payee is usually paid. The department may maintain an action against the payor for the earnings the payor did not withhold and send to the department or for the imposition of any of the following civil penalties, or both, plus attorney's fees and court costs.
8.
Other remedies.
A withholding order under this section does not bar any judicial or administrative enforcement or collection action otherwise available under federal or state law regarding child or spousal support arrearages or a debt for public assistance under section 2301.

Maine § 19-A §2306 (Immediate withholding of earnings) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

PL 1995, c. 694, Pt. B, §2 (NEW). PL 1995, c. 694, Pt. E, §2 (AFF). PL 1997, c. 537, §41 (AMD). PL 1997, c. 537, §62 (AFF). PL 1997, c. 669, §§5-7 (AMD).