Substantially Equal Care and Child Support in Maine
For substantially equal care, Maine multiplies the basic support by 1.5, divides it by income, and has the higher earner pay the lower of the difference between the two shares and his or her share of the basic support, with shared expenses settled in proportion to income.
Equal incomes
When the parties have equal annual gross incomes and provide substantially equal care, neither party pays the other a parental support obligation, and they share child care, health insurance premiums and uninsured medical expenses equally (19-A M.R.S. § 2006(5)(D)).
Unequal incomes
When incomes are unequal but care is substantially equal, the court (1) determines the enhanced support entitlement, the basic entitlement multiplied by 1.5; (2) divides it between the parties in proportion to income; and (3) orders the higher earner to pay the lower of the difference between the two obligations and the amount that parent would owe under the basic entitlement if the other parent provided primary residential care. Child care, health insurance and uninsured medical expenses are shared in proportion to income (§ 2006(5)(D-1)).
The supplemental worksheet
Worksheet FM-040-A is used after FM-040. The higher-income parent is shown as the non-primary care provider. For shared expenses, if the higher earner pays an expense the lower earner’s share is subtracted; if the lower earner pays it, the higher earner’s share is added (form FM-040-A).
An example
The family in the worked example with substantially equal care:
| Line | Amount |
|---|---|
| Basic weekly support (line 9c) | $394 |
| Higher earner’s share of basic support, 62.7% (line 15) | $247.22 |
| Enhanced entitlement, basic × 1.5 (line 16) | $591.00 |
| Higher earner’s share minus lower earner’s share of the enhanced entitlement (line 19) | $150.65 |
| Presumptive parental support obligation, the lesser (line 20) | $150.65 |
| Adjustment for shared expenses (line 21) | +$26.47 |
| Weekly support from the higher earner (line 22) | $177 |
With primary care the same family would pay $274 a week.
What counts as substantially equal
The statute does not define it by a number of days. The court decides on the evidence of the actual care each parent provides, so keep a calendar and records of who handles school, medical care and daily needs.
Questions to bring to an attorney
Ask how the court will decide whether care is substantially equal and which parent should be shown as the higher earner.
Next steps
The Maine child support calculator switches to this formula when you choose substantially equal care.
Frequently asked questions
What is the enhanced support entitlement in Maine?
The basic support entitlement multiplied by 1.5, used when the parties provide substantially equal care.
Do parents with 50/50 care still pay support in Maine?
If incomes are equal, no; if they are unequal, the higher earner pays the lower of two amounts under 19-A § 2006(5)(D-1).
Does Maine count overnights for equal care?
The statute uses substantially equal care and sets no overnight threshold; the court decides on the evidence.
How are child care costs shared in Maine equal care?
In proportion to the parents' incomes.
Which form is used for equal care in Maine?
The supplemental child support worksheet, FM-040-A, after the main worksheet FM-040.
Official sources
- 19-A M.R.S. § 2006: support guidelines
- 19-A M.R.S. § 2001: definitions
- Maine Child Support Table (form FM-084, Rev. 01/23)
- Child Support Worksheet (form FM-040)
- Supplemental Child Support Worksheet (form FM-040-A)
A local family law attorney can review your situation — many offer a free consultation.
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.