How to Modify Child Support in Maine: Filing Steps and Effective Date

By the FigureMyTax Editorial Team · How we calculate

To modify Maine child support, file a motion and serve it under Rule 4. A change can start only from service, the other parent has 30 days to request a hearing, and the court may enter an order without a hearing if no one asks.

How do you modify child support in Maine?

1. Run the weekly guideline amount in the Maine child support calculator and test the 15% line in the modification calculator.
2. File a motion to modify support. A party, including the department, may file it, and unless another motion is also filed the support obligation is the sole issue (19-A M.R.S. 2009(1)).
3. Serve the other parent the way a summons is served under Rule 4. The department may serve personally within the State when it provides services (2009(4-A)). The change can start no earlier than service (2009(2)).
4. Include the required papers: a notice that the court may enter an order without hearing, the right to request a hearing, the mediation requirement, income affidavits, a proposed order with the child support worksheet and any stipulation (2009(4-A)).
5. Keep paying the existing order until the court changes it.

Why does Maine service matter more than filing?

Because the statute ties retroactivity to the date notice of the petition is served on the opposing party, not to the filing date (2009(2)). File and serve as one step. If service is slow, the weeks before it are lost.

What if the other Maine parent does not respond?

A request for hearing must be made in writing within 30 days of receipt of service, with an income affidavit and child support worksheet, and a requested hearing is referred to mediation first (2009(5)). If no one requests a hearing within 30 days, the court may enter an order modifying support without a hearing using the proposed order, as long as the proposed amount is at least what the guidelines produce; a proposed downward deviation always needs a hearing (2009(6)).

Can an order entered without a hearing be undone?

Only on a motion showing good cause for the failure to request a hearing and a meritorious defense to the proposed order, and the Chief Justice may set costs for that motion (2009(7)). Read the notice and answer it.

Can the department file for me?

Yes. A party including the department may file, and when a parent receives public assistance for the benefit of a dependent child the department may file a motion to modify even if that parent is not the primary residential care provider (2009(1-A)). The department can also designate non-attorney employees to prepare and argue motions (2009(8)).

Which guidelines does the court apply?

The support guidelines, the child support table and the criteria for applying it are in 19-A M.R.S. 2006. The court or hearing officer applies them to both parents’ gross income as defined in section 2001, so bring complete income affidavits.

Who pays for the hearing?

The statute does not set a fee for filing a motion to modify in the sections we read; ask the clerk. When the department is providing services, its employees may prepare and file the motion and represent the department in District Court (19-A M.R.S. 2009(8)).

How much does a slow service cost? An example

If service happens 13, 26 or 39 weeks after your change, the relief you lose at a $50 weekly difference is:

What happens to unpaid support while the motion is pending?

It stays owed. See how long Maine arrears last and add up your balance.

Frequently asked questions

Official sources

• 19-A M.R.S. 2009: modification of existing support orders
• 19-A M.R.S. 2001: definitions, including gross income and earning capacity
• 19-A M.R.S. 2006: support guidelines
• 19-A M.R.S. 2007: deviation from the guidelines
• 42 U.S.C. 666(a)(9): no retroactive modification of support already due

This is general information, not legal advice. It is based on the cited Maine statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Maine attorney.