MRS Title 19-A, Chapter67: UNIFORM INTERSTATE FAMILY SUPPORT ACT
Text current through November 1, 2017, see disclaimer at end of document.
Title 19-A: DOMESTIC RELATIONS
Chapter67: UNIFORM INTERSTATE FAMILY SUPPORT ACT
Table of Contents
Part3. PARENTS AND CHILDREN ...... 0
Subchapter1. GENERAL PROVISIONS ...... 0
Section2801. SHORT TITLE...... 0
Section2802. DEFINITIONS...... 0
Section2802-A. STATE TRIBUNAL AND SUPPORT ENFORCEMENT AGENCY 0
Section2803. REMEDIES CUMULATIVE...... 0
Section2804. APPLICATION OF CHAPTER TO RESIDENT OF FOREIGN COUNTRY AND FOREIGN SUPPORT PROCEEDING 0
Subchapter2. JURISDICTION ...... 0
Article1. EXTENDED PERSONAL JURISDICTION ...... 0
Section2851. BASES FOR JURISDICTION OVER NONRESIDENT (REPEALED) 0
Section2852. PROCEDURE WHEN EXERCISING JURISDICTION OVER NONRESIDENT (REPEALED) 0
Article2. PROCEEDINGS INVOLVING 2 OR MORE STATES ...... 0
Section2901. INITIATING AND RESPONDING TRIBUNAL OF THIS STATE (REPEALED) 0
Section2902. SIMULTANEOUS PROCEEDINGS IN ANOTHER STATE (REPEALED) 0
Section2903. CONTINUING, EXCLUSIVE JURISDICTION (REPEALED)0
Section2904. ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER BY TRIBUNAL HAVING CONTINUING JURISDICTION (REPEALED) 0
Article3. RECONCILIATIONS OF MULTIPLE ORDERS ...... 0
Section2951. RECOGNITION OF CONTROLLING CHILD SUPPORT ORDERS (REPEALED) 0
Section2952. MULTIPLE CHILD SUPPORT ORDERS FOR 2 OR MORE OBLIGEES (REPEALED) 0
Section2953. CREDIT FOR PAYMENTS (REPEALED)...... 0
Subchapter2-A. JURISDICTION ...... 0
Section2961. BASES FOR JURISDICTION OVER NONRESIDENT...... 0
Section2962. DURATION OF PERSONAL JURISDICTION...... 0
Section2963. INITIATING AND RESPONDING TRIBUNAL OF THIS STATE0
Section2964. SIMULTANEOUS PROCEEDINGS...... 0
Section2965. CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY CHILD SUPPORT ORDER 0
Section2966. CONTINUING JURISDICTION TO ENFORCE CHILD SUPPORT ORDER 0
Section2967. DETERMINATION OF CONTROLLING CHILD SUPPORT ORDERS 0
Section2968. CHILD SUPPORT ORDERS FOR 2 OR MORE OBLIGEES...0
Section2969. CREDIT FOR PAYMENTS...... 0
Section2970. APPLICATION OF CHAPTER TO NONRESIDENT SUBJECT TO PERSONAL JURISDICTION 0
Section2971. CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY SPOUSAL SUPPORT ORDER 0
Subchapter3. CIVIL PROVISIONS OF GENERAL APPLICATION ...... 0
Section3001. PROCEEDINGS UNDER THIS CHAPTER...... 0
Section3002. PROCEEDING BY MINOR PARENT...... 0
Section3003. APPLICATION OF LAW OF THIS STATE...... 0
Section3004. DUTIES OF INITIATING TRIBUNAL (REPEALED)...... 0
Section3004-A. DUTIES OF INITIATING TRIBUNAL...... 0
Section3005. DUTIES AND POWERS OF RESPONDING TRIBUNAL....0
Section3006. INAPPROPRIATE TRIBUNAL...... 0
Section3007. DUTIES OF THE DEPARTMENT AS THE SUPPORT ENFORCEMENT AGENCY 0
Section3008. DUTY OF ATTORNEY GENERAL (REPEALED)...... 0
Section3008-A. DUTY OF COMMISSIONER...... 0
Section3009. PRIVATE ATTORNEY...... 0
Section3010. DUTIES OF THE DEPARTMENT AS THE STATE INFORMATION AGENCY (REPEALED) 0
Section3010-A. DUTIES OF THE DEPARTMENT AS THE STATE INFORMATION AGENCY 0
Section3011. PLEADINGS AND ACCOMPANYING DOCUMENTS...... 0
Section3012. NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL CIRCUMSTANCES 0
Section3013. COSTS AND FEES...... 0
Section3014. LIMITED IMMUNITY OF PETITIONER...... 0
Section3015. NONPARENTAGE AS DEFENSE...... 0
Section3016. SPECIAL RULES OF EVIDENCE AND PROCEDURE...... 0
Section3017. COMMUNICATIONS BETWEEN TRIBUNALS...... 0
Section3018. ASSISTANCE WITH DISCOVERY...... 0
Section3019. RECEIPT AND DISBURSEMENT OF PAYMENTS...... 0
Subchapter4. ESTABLISHMENT OF SUPPORT ORDER OR DETERMINATION OF PARENTAGE 0
Section3051. PETITION TO ESTABLISH SUPPORT ORDER...... 0
Section3052. PROCEEDING TO DETERMINE PARENTAGE...... 0
Subchapter5. ENFORCEMENT OF SUPPORT ORDER WITHOUT REGISTRATION 0
Section3101. EMPLOYER'S RECEIPT OF OUT-OF-STATE INCOME-WITHHOLDING ORDER 0
Section3101-A. EMPLOYER'S COMPLIANCE WITH OUT-OF-STATE INCOME-WITHHOLDING ORDER 0
Section3101-B. EMPLOYER'S COMPLIANCE WITH 2 OR MORE INCOME-WITHHOLDING ORDERS 0
Section3101-C. IMMUNITY FROM CIVIL LIABILITY...... 0
Section3101-D. PENALTIES FOR NONCOMPLIANCE...... 0
Section3101-E. OPTION TO APPOINT DEPARTMENT AS PAYMENT AGENT (REPEALED) 0
Section3101-F. CONTEST BY OBLIGOR...... 0
Section3102. ADMINISTRATIVE ENFORCEMENT OF ORDERS...... 0
Subchapter6. REGISTRATION, ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER 0
Article1. REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER .0
Section3150. REGISTRATION OF ORDER FOR ENFORCEMENT.....0
Section3151. PROCEDURE TO REGISTER ORDER FOR ENFORCEMENT0
Section3152. EFFECT OF REGISTRATION FOR ENFORCEMENT.....0
Section3153. CHOICE OF LAW...... 0
Article2. CONTEST OF VALIDITY OR ENFORCEMENT ...... 0
Section3201. NOTICE OF REGISTRATION OF ORDER...... 0
Section3202. PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT OF REGISTERED ORDER 0
Section3203. CONTEST OF REGISTRATION OR ENFORCEMENT....0
Section3204. CONFIRMED ORDER...... 0
Article3. REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER STATE 0
Section3251. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF ANOTHER STATE FOR MODIFICATION 0
Section3252. EFFECT OF REGISTRATION FOR MODIFICATION.....0
Section3253. MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER STATE 0
Section3254. RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE0
Section3255. JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF ANOTHER STATE WHEN INDIVIDUAL PARTIES RESIDE IN STATE 0
Section3256. NOTICE TO ISSUING TRIBUNAL OF MODIFICATION..0
Section3257. JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF FOREIGN COUNTRY OR POLITICAL SUBDIVISION (REPEALED) 0
Article4. REGISTRATION AND MODIFICATION OF FOREIGN CHILD SUPPORT ORDER 0
Section3261. JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF FOREIGN COUNTRY 0
Section3262. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF FOREIGN COUNTRY FOR MODIFICATION 0
Subchapter7. DETERMINATION OF PARENTAGE ...... 0
Section3301. PROCEEDING TO DETERMINE PARENTAGE (REPEALED)0
Subchapter7-A. SUPPORT PROCEEDINGS SUBJECT TO CONVENTION...0
Section3311. DEFINITIONS...... 0
Section3312. APPLICABILITY...... 0
Section3313. RELATIONSHIP OF THE DEPARTMENT TO UNITED STATES CENTRAL AUTHORITY 0
Section3314. INITIATION BY DEPARTMENT OF SUPPORT PROCEEDINGS0
Section3315. DIRECT REQUEST...... 0
Section3316. REGISTRATION OF CONVENTION SUPPORT ORDER....0
Section3317. CONTEST OF REGISTERED CONVENTION SUPPORT ORDER0
Section3318. RECOGNITION AND ENFORCEMENT OF REGISTERED CONVENTION SUPPORT ORDER 0
Section3319. PARTIAL ENFORCEMENT...... 0
Section3320. FOREIGN SUPPORT AGREEMENT...... 0
Section3321. MODIFICATION OF CHILD SUPPORT ORDER SUBJECT TO CONVENTION 0
Section3322. PERSONAL INFORMATION; LIMIT ON USE...... 0
Section3323. RECORD IN ORIGINAL LANGUAGE; ENGLISH TRANSLATION 0
Subchapter8. INTERSTATE RENDITION ...... 0
Section3351. GROUNDS FOR RENDITION...... 0
Section3352. CONDITIONS OF RENDITION...... 0
Subchapter9. MISCELLANEOUS PROVISIONS ...... 0
Section3401. UNIFORMITY OF APPLICATION AND CONSTRUCTION..0
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MRS Title 19-A, Chapter67: UNIFORM INTERSTATE FAMILY SUPPORT ACT
Maine Revised Statutes
Title 19-A: DOMESTIC RELATIONS
Chapter67: UNIFORM INTERSTATE FAMILY SUPPORT ACT
Subchapter 1:GENERAL PROVISIONS
§2801. SHORT TITLE
This chapter may be known and cited as the "Uniform Interstate Family Support Act." [1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF).]
SECTION HISTORY
1995, c. 694, §B2 (NEW). 1995, c. 694, §E2 (AFF).
§2802. DEFINITIONS
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF).]
1.Child. "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.
[ 1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF) .]
2.Child support order. "Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country.
[ 2009, c. 95, §1 (AMD); 2009, c. 95, §87 (AFF) .]
2-A.Convention. "Convention" means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded at The Hague on November 23, 2007.
[ 2009, c. 95, §2 (NEW); 2009, c. 95, §87 (AFF) .]
3.Duty of support. "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse or former spouse, including an unsatisfied obligation to provide support.
[ 1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF) .]
3-A.Foreign country. "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. Has been declared under the law of the United States to be a foreign reciprocating country; [2009, c. 95, §3 (NEW); 2009, c. 95, §87 (AFF).]
B. Has established a reciprocal arrangement for child support with this State as provided in section 3008-A; [2009, c. 95, §3 (NEW); 2009, c. 95, §87 (AFF).]
C. Has enacted a law or established procedures for the issuance and enforcement of support orders that are substantially similar to the procedures under this chapter; or [2009, c. 95, §3 (NEW); 2009, c. 95, §87 (AFF).]
D. In which the Convention is in force with respect to the United States. [2009, c. 95, §3 (NEW); 2009, c. 95, §87 (AFF).]
[ 2009, c. 95, §3 (NEW); 2009, c. 95, §87 (AFF) .]
3-B.Foreign support order. "Foreign support order" means a support order issued by a foreign tribunal.
[ 2009, c. 95, §4 (NEW); 2009, c. 95, §87 (AFF) .]
3-C.Foreign tribunal. "Foreign tribunal" means a court, administrative agency or quasi-judicial entity of a foreign country authorized to establish, enforce or modify support orders or to determine parentage of a child. "Foreign tribunal" includes a competent authority under the Convention.
[ 2009, c. 95, §5 (NEW); 2009, c. 95, §87 (AFF) .]
4.Home state. "Home state" means the state or foreign country in which a child lived with a parent or a person acting as parent for at least 6 consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than 6 months old, the state or foreign country in which the child lived from birth with a parent or a person acting as parent. A period of temporary absence of a parent or a person acting as parent is counted as part of the 6-month or other period.
[ 2009, c. 95, §6 (AMD); 2009, c. 95, §87 (AFF) .]
5.Income. "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this State.
[ 1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF) .]
6.Income-withholding order. "Income-withholding order" means an order or other legal process directed to an obligor's employer, as provided by chapter 65, subchapter IV, to withhold support from the income of the obligor.
[ 1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF) .]
7.Initiating state. "Initiating state" means a state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under this chapter or a law or procedure substantially similar to this chapter.
[ 2003, c. 436, §1 (AMD) .]
8.Initiating tribunal. "Initiating tribunal" means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country.
[ 2009, c. 95, §7 (AMD); 2009, c. 95, §87 (AFF) .]
8-A.Issuing foreign country. "Issuing foreign country" means the foreign country in which a tribunal issues a support order or judgment determining parentage.
[ 2009, c. 95, §8 (NEW); 2009, c. 95, §87 (AFF) .]
9.Issuing state. "Issuing state" means the state in which a tribunal issues a support order or a judgment determining parentage of a child.
[ 2009, c. 95, §9 (AMD); 2009, c. 95, §87 (AFF) .]
10.Issuing tribunal. "Issuing tribunal" means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child.
[ 2009, c. 95, §10 (AMD); 2009, c. 95, §87 (AFF) .]
11.Law. "Law" includes decisional and statutory law and rules and regulations having the force of law.
[ 1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF) .]
11-A.Outside this State. "Outside this State" means a location in another state or a country other than the United States, whether or not the country meets the definition of "foreign country" under subsection 3-A.
[ 2009, c. 95, §11 (NEW); 2009, c. 95, §87 (AFF) .]
12.Obligee. "Obligee" means:
A. An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued; [2009, c. 95, §12 (AMD); 2009, c. 95, §87 (AFF).]
B. A foreign country or a state or a political subdivision of a state to which the rights under a duty of support or support order have been assigned or that has independent claims based on financial assistance provided to an individual obligee in place of child support; [2009, c. 95, §12 (AMD); 2009, c. 95, §87 (AFF).]
C. An individual seeking a judgment determining parentage of the individual's child; or [2009, c. 95, §12 (AMD); 2009, c. 95, §87 (AFF).]
D. A person that is a creditor in a proceeding subject to subchapter 7-A. [2009, c. 95, §12 (NEW); 2009, c. 95, §87 (AFF).]
[ 2009, c. 95, §12 (AMD); 2009, c. 95, §87 (AFF) .]
13.Obligor. "Obligor" means an individual or the estate of a decedent:
A. Who owes or is alleged to owe a duty of support; [1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF).]
B. Who is alleged but has not been adjudicated to be a parent of a child; [2009, c. 95, §13 (AMD); 2009, c. 95, §87 (AFF).]
C. Who is liable under a support order; or [2009, c. 95, §13 (AMD); 2009, c. 95, §87 (AFF).]
D. Who is a debtor in a proceeding under subchapter 7-A. [2009, c. 95, §13 (NEW); 2009, c. 95, §87 (AFF).]
[ 2009, c. 95, §13 (AMD); 2009, c. 95, §87 (AFF) .]
13-A.Person. "Person" means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; public corporation; government or governmental subdivision, agency or instrumentality; or any other legal or commercial entity.
[ 2009, c. 95, §14 (AMD); 2009, c. 95, §87 (AFF) .]
13-B.Record. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
[ 2003, c. 436, §2 (NEW) .]
14.Register. "Register" means to file in a tribunal of this State a support order or judgment determining parentage of a child issued in another state or foreign country.
[ 2009, c. 95, §15 (AMD); 2009, c. 95, §87 (AFF) .]
15.Registering tribunal. "Registering tribunal" means a tribunal in which a support order or judgment determining parentage of a child is registered.
[ 2009, c. 95, §16 (AMD); 2009, c. 95, §87 (AFF) .]
16.Responding state. "Responding state" means a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country.
[ 2009, c. 95, §17 (AMD); 2009, c. 95, §87 (AFF) .]
17.Responding tribunal. "Responding tribunal" means the authorized tribunal in a responding state or foreign country.
[ 2009, c. 95, §18 (AMD); 2009, c. 95, §87 (AFF) .]
18.Spousal support order. "Spousal support order" means a support order for a spouse or former spouse of the obligor.
[ 1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF) .]
19.State. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term "state" includes an Indian nation or tribe.
A. [2009, c. 95, §87 (AFF); 2009, c. 95, §19 (RP).]
B. [2009, c. 95, §87 (AFF); 2009, c. 95, §19 (RP).]
[ 2009, c. 95, §19 (AMD); 2009, c. 95, §87 (AFF) .]
20.State information agency. "State information agency" in this State is the Department of Health and Human Services.
[ 1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF); 2003, c. 689, Pt. B, §6 (REV) .]
21.Support enforcement agency. "Support enforcement agency" means a public official or agency authorized to:
A. Seek enforcement of support orders or laws relating to the duty of support; [2009, c. 95, §20 (AMD); 2009, c. 95, §87 (AFF).]
B. Seek establishment or modification of child support; [2009, c. 95, §20 (AMD); 2009, c. 95, §87 (AFF).]
C. Request determination of parentage; [2009, c. 95, §20 (AMD); 2009, c. 95, §87 (AFF).]
D. Attempt to locate obligors or their assets; or [2009, c. 95, §20 (AMD); 2009, c. 95, §87 (AFF).]
E. Request determination of the controlling child support order. [2009, c. 95, §20 (AMD); 2009, c. 95, §87 (AFF).]
The support enforcement agency in this State is the Department of Health and Human Services.
[ 2009, c. 95, §20 (AMD); 2009, c. 95, §87 (AFF) .]
22.Support order. "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. "Support order" may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney's fees and other relief.
[ 2009, c. 95, §21 (AMD); 2009, c. 95, §87 (AFF) .]
23.Tribunal. "Tribunal" means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage.
[ 1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF) .]
24.Tribunal of this State. A "tribunal of this State" means the District Court or the Department of Health and Human Services.
[ 1999, c. 731, Pt. ZZZ, §36 (AMD); 1999, c. 731, Pt. ZZZ, §42 (AFF); 2003, c. 689, Pt. B, §6 (REV) .]
SECTION HISTORY
1995, c. 694, §B2 (NEW). 1995, c. 694, §E2 (AFF). 1997, c. 669, §13 (AMD). 1999, c. 731, §ZZZ36 (AMD). 1999, c. 731, §ZZZ42 (AFF). 2003, c. 436, §§1-7 (AMD). 2003, c. 689, §B6 (REV). 2009, c. 95, §§1-21 (AMD). 2009, c. 95, §87 (AFF).
§2802-A. STATE TRIBUNAL AND SUPPORT ENFORCEMENT AGENCY
1.State tribunals. The District Court and the Department of Health and Human Services are tribunals of this State.
[ 2009, c. 95, §22 (NEW); 2009, c. 95, §87 (AFF) .]
2.State support enforcement agency. The Department of Health and Human Services is the support enforcement agency of this State.
[ 2009, c. 95, §22 (NEW); 2009, c. 95, §87 (AFF) .]
SECTION HISTORY
2009, c. 95, §22 (NEW). 2009, c. 95, §87 (AFF).
§2803. REMEDIES CUMULATIVE
1.Remedies cumulative. Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a support order on the basis of comity.
[ 2009, c. 95, §23 (AMD); 2009, c. 95, §87 (AFF) .]
2.Not exclusive method; jurisdiction. This chapter does not:
A. Provide the exclusive method of establishing or enforcing a support order under the laws of this State; or [2003, c. 436, §8 (NEW).]
B. Grant a tribunal of this State jurisdiction to render judgment or issue an order relating to parental rights and responsibilities other than child support in a proceeding under this chapter. [2003, c. 436, §8 (NEW).]
[ 2003, c. 436, §8 (NEW) .]
SECTION HISTORY
1995, c. 694, §B2 (NEW). 1995, c. 694, §E2 (AFF). 2003, c. 436, §8 (RPR). 2009, c. 95, §23 (AMD). 2009, c. 95, §87 (AFF).
§2804. APPLICATION OF CHAPTER TO RESIDENT OF FOREIGN COUNTRY AND FOREIGN SUPPORT PROCEEDING
1.Support proceeding. A tribunal of this State shall apply this subchapter, subchapters 2 to 6 and, as applicable, subchapter 7-A to a support proceeding involving:
A. A foreign support order; [2009, c. 95, §24 (NEW); 2009, c. 95, §87 (AFF).]
B. A foreign tribunal; or [2009, c. 95, §24 (NEW); 2009, c. 95, §87 (AFF).]
C. An obligee, obligor or child residing in a foreign country. [2009, c. 95, §24 (NEW); 2009, c. 95, §87 (AFF).]
[ 2009, c. 95, §24 (NEW); 2009, c. 95, §87 (AFF) .]
2.Comity. A tribunal of this State that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of this subchapter and subchapters 2 to 6.
[ 2009, c. 95, §24 (NEW); 2009, c. 95, §87 (AFF) .]
3.Proceeding subject to the Convention. Subchapter 7-A applies only to a support proceeding under the Convention. In such a proceeding, if a provision of subchapter 7-A is inconsistent with a provision of this subchapter or subchapters 2 to 6, subchapter 7-A controls.
[ 2009, c. 95, §24 (NEW); 2009, c. 95, §87 (AFF) .]
SECTION HISTORY
2009, c. 95, §24 (NEW). 2009, c. 95, §87 (AFF).
Subchapter 2:JURISDICTION
Article 1:EXTENDED PERSONAL JURISDICTION
§2851. BASES FOR JURISDICTION OVER NONRESIDENT
(REPEALED)
SECTION HISTORY
1995, c. 694, §B2 (NEW). 1995, c. 694, §E2 (AFF). 2003, c. 436, §9 (RP).
§2852. PROCEDURE WHEN EXERCISING JURISDICTION OVER NONRESIDENT
(REPEALED)
SECTION HISTORY
1995, c. 694, §B2 (NEW). 1995, c. 694, §E2 (AFF). 2003, c. 436, §9 (RP).
Article 2:PROCEEDINGS INVOLVING 2 OR MORE STATES
§2901. INITIATING AND RESPONDING TRIBUNAL OF THIS STATE
(REPEALED)
SECTION HISTORY
1995, c. 694, §B2 (NEW). 1995, c. 694, §E2 (AFF). 2003, c. 436, §9 (RP).
§2902. SIMULTANEOUS PROCEEDINGS IN ANOTHER STATE
(REPEALED)
SECTION HISTORY
1995, c. 694, §B2 (NEW). 1995, c. 694, §E2 (AFF). 2003, c. 436, §9 (RP).
§2903. CONTINUING, EXCLUSIVE JURISDICTION
(REPEALED)
SECTION HISTORY
1995, c. 694, §B2 (NEW). 1995, c. 694, §E2 (AFF). 2003, c. 436, §9 (RP).
§2904. ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER BY TRIBUNAL HAVING CONTINUING JURISDICTION
(REPEALED)
SECTION HISTORY
1995, c. 694, §B2 (NEW). 1995, c. 694, §E2 (AFF). 2003, c. 436, §9 (RP).
Article 3:RECONCILIATIONS OF MULTIPLE ORDERS
§2951. RECOGNITION OF CONTROLLING CHILD SUPPORT ORDERS
(REPEALED)
SECTION HISTORY
1995, c. 694, §B2 (NEW). 1995, c. 694, §E2 (AFF). 1997, c. 669, §15 (AMD). 2003, c. 436, §9 (RP).
§2952. MULTIPLE CHILD SUPPORT ORDERS FOR 2 OR MORE OBLIGEES
(REPEALED)
SECTION HISTORY
1995, c. 694, §B2 (NEW). 1995, c. 694, §E2 (AFF). 2003, c. 436, §9 (RP).
§2953. CREDIT FOR PAYMENTS
(REPEALED)
SECTION HISTORY
1995, c. 694, §B2 (NEW). 1995, c. 694, §E2 (AFF). 2003, c. 436, §9 (RP).
Subchapter 2-A:JURISDICTION
§2961. BASES FOR JURISDICTION OVER NONRESIDENT
1.Exercise of jurisdiction. In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this State may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:
A. The individual is personally served with notice within this State; [2003, c. 436, §10 (NEW).]
B. The individual submits to the jurisdiction of this State by consent in a record, by entering a general appearance or by filing a responsive document having the effect of waiving any contest to personal jurisdiction; [2015, c. 186, §6 (AMD).]
C. The individual resided with the child in this State; [2003, c. 436, §10 (NEW).]
D. The individual resided in this State and provided prenatal expenses or support for the child; [2003, c. 436, §10 (NEW).]
E. The child resides in this State as a result of the acts or directives of the individual; [2003, c. 436, §10 (NEW).]
F. The individual engaged in sexual intercourse in this State and the child may have been conceived by that act of intercourse; or [2003, c. 436, §10 (NEW).]
G. There is any other basis consistent with the Constitution of Maine and the United States Constitution for the exercise of personal jurisdiction. [2003, c. 436, §10 (NEW).]
[ 2015, c. 186, §6 (AMD) .]
2.Use of bases to establish personal jurisdiction. The bases of personal jurisdiction set forth in subsection 1 or in any other law of this State may not be used to acquire personal jurisdiction for a tribunal of this State to modify a child support order of another state unless the requirements of section 3253 are met or, in the case of a foreign support order, unless the requirements of section 3261 are met.
[ 2009, c. 95, §25 (AMD); 2009, c. 95, §87 (AFF) .]
SECTION HISTORY
2003, c. 436, §10 (NEW). 2009, c. 95, §25 (AMD). 2009, c. 95, §87 (AFF). 2015, c. 186, §6 (AMD).
§2962. DURATION OF PERSONAL JURISDICTION
Personal jurisdiction acquired by a tribunal of this State in a proceeding under this chapter or other law of this State relating to a support order continues as long as a tribunal of this State has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by sections 2965, 2966 and 2971. [2003, c. 436, §10 (NEW).]
SECTION HISTORY
2003, c. 436, §10 (NEW).
§2963. INITIATING AND RESPONDING TRIBUNAL OF THIS STATE
Under this chapter, a tribunal of this State may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or foreign country. [2009, c. 95, §26 (AMD); 2009, c. 95, §87 (AFF).]
SECTION HISTORY