Comprehensive Guide on Maine's Income Shares Model for Child Support
Maine calculates child support using the Income Shares Model, combining both parents' gross incomes to figure out a base support amount. Filing the required financial affidavits at your local District Court involves a basic filing fee of approximately $120.
Understanding Maine's Income Shares Model
Going through a separation or divorce in Maine can be emotionally draining, and figuring out how much child support will be paid is often a source of stress. Maine uses what is known as the Income Shares Model. The philosophy behind this model is simple: a child should receive the same proportion of parental income that they would have enjoyed if the parents had stayed together in one household. By combining both parents' incomes, the state determines a total base support amount, which is then divided fairly between the parents based on their earning capacity.
Gross Income Definitions in Maine
Before any calculations can begin, both parents must determine their gross income. Under Me. Rev. Stat. tit. 19-A, § 2001, gross income is broadly defined to ensure the child receives adequate support. It includes your standard salary and hourly wages, but it does not stop there. Maine courts also count commissions, bonuses, severance pay, pensions, and even workers' compensation or unemployment benefits. If you live in Portland, Bangor, or anywhere else in the state, you must accurately report all streams of income. Deliberately hiding income is strictly prohibited and can result in severe court sanctions.
The Self-Support Reserve
Maine law recognizes that a parent paying child support still needs enough money to pay for basic living expenses like rent, food, and utilities. This is where the Self-Support Reserve comes into play. Dictated by Me. Rev. Stat. tit. 19-A, § 2006, the self-support reserve ensures that a non-primary care provider's income is not drained to the point of extreme poverty. If a parent's income falls below a certain threshold, the court may drastically reduce the child support obligation, sometimes ordering a minimal payment just to maintain the legal obligation while the parent gets back on their feet.
Proportional Cost Allocation
Once the combined gross income is calculated, the state refers to the official Maine Child Support Guidelines Table to find the total support amount needed for the child. This cost is then allocated proportionally. For example, if Parent A earns $60,000 and Parent B earns $40,000, their combined income is $100,000. Parent A is responsible for 60% of the child's financial needs, while Parent B is responsible for 40%. To formalize this, parents must fill out and submit Form FM-050, Maine, District Court, Child Support Affidavit along with Form FM-040, Maine, District Court, Child Support Worksheet to their local court, such as the Cumberland County District Court, Portland or the Penobscot County District Court, Bangor.
How Much Does it Cost in Maine?
Filing for child support or modifying an existing order comes with various administrative and legal costs.
| Cost Category | Estimated Amount in Maine |
|---|---|
| Court Filing Fee | $120 for an initial family law complaint. |
| Service of Process | $40 to $60 for a county sheriff or process server. |
| Family Law Attorney (Hourly) | $200 to $400+ per hour depending on experience. |
| Mediation Fees | $150 to $300 per session, often split between parents. |
How Long Does the Process Take?
If both parents agree on the income numbers and sign the necessary affidavits willingly, a child support order can be established by a Maine judge in 1 to 2 months. However, if there are disputes over hidden income or disagreements about proportional allocation, the discovery process and required court hearings can stretch the timeline to 4 to 6 months.
Frequently Asked Questions (FAQ)
Does overtime count as gross income in Maine?
Yes, mandatory or consistent overtime is generally included in your gross income calculations under Maine law. However, if the overtime is highly unpredictable, the court may average it over time.
What if my ex-spouse quits their job to avoid paying support?
If a parent voluntarily impoverishes themselves, a Maine judge can impute income. This means the court will base the child support calculation on what the parent is capable of earning, rather than their current zero income.
Are my new spouse's earnings included in the child support formula?
No. Under Maine law, a step-parent's income is generally not included in the combined gross income used for calculating child support obligations.
How do we handle health insurance costs for the child?
The cost of the child's health insurance premium is added to the basic support obligation and then divided proportionally between the parents according to their income shares.
Do I need an attorney to file for child support?
While you can represent yourself, hiring a family lawyer helps ensure your gross income is calculated accurately and fairly. You can browse our directory of US Attorneys to find a local professional in Maine.
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