Maine

Administrative Process, Enforcement (Notice to Appear and Disclose)

Description/Goal

An administrative discovery process, beginning with a Notice to Appear and Disclose, has become Maine's opening wedge in collecting in the 20 percent of its cases involving chronically non-paying support obligors. Some of these noncustodial parents are self-employed, some are employed in the underground economy, some are disabled. Finding a way to assure payment by members of this hard-to-collect-from group is the goal of the process.

Maine relies heavily on administrative processes in both the establishment and enforcement of support obligations. These procedures are generally carried out without attorneys, since Maine child support agents are authorized to present evidence in court on behalf of the Commissioner of Maine's Department of Human Services. Agency attorneys become involved only in complex cases where points of law must be argued.

As with other child support administrative processes in the state, this one is designed to begin with proper service of the administrative Notice to Appear and Disclose, followed by an administrative hearing, and a seamless transfer to court if the child support matter cannot be resolved by voluntary action on the part of the NCP. The transfer to court may be made without re-serving the obligor. (Notice is provided.) The Notice requires the obligor to bring all financial records to a scheduled administrative hearing. In many cases, license revocation proceedings may be commenced at the same time.

Often, the Notice alone results in payment of arrearages. Reportedly, this is particularly the case for self-employed obligors and those who are in a partnership or corporation with others.

At the administrative hearing a child support agent deposes the obligor about his or her income, assets and financial circumstances. While some of the standard questions have a distinctively local flavor -- “Do you go hunting? What do you have for guns? Do you have a four-wheeler to haul out the moose? Do you have a camp?” - the approach is broadly applicable. Hearings are recorded and transcribed. Transcriptions are kept for future reference even if not used at that time.

Next steps in the enforcement process depend on what is discovered at the hearing. In a case involving an apparently unemployed, but able-bodied noncustodial parent, a motion will be filed in court for a seek work order, typically in effect for six months. This requires the noncustodial parent to report job-finding efforts to the child support agency weekly. In many cases, it is believed, noncustodial parents find a job as soon as the order is issued.

When assets are discovered, appropriate collection actions are taken. These may include filing a lien, seizure and sale, turnover order from the court or other action. (Because Maine does not have an automated land title registry, discovery is necessary to identify real property to which a lien may be attached.) Some enforcement methods require court action; some do not.

For non-paying obligors who are determined to be unable to work, the agent schedules an administrative modification hearing or files a motion to amend a court order. Informally, agents may refer obligors to other government agencies (for social security disability or SSI payments), to GED programs, to job training programs or to other resources based on the circumstances of the case. Collection action is deferred in these cases.

Legislation creating the administrative appear and disclose process was passed in 1995. Augusta, Maine was the site of early efforts to work with this procedure between 1996 and 1998. In 1999, training was provided very broadly throughout the state on the use of this effective enforcement technique. Now, self-directed training on the use of this technique is available on-line to child support staff.

Results

The results in the initial Augusta cases using this technique:

• Of 452 cases where a Notice to Appear and Disclose was served on chronic non-payors, 40 percent are now paying regularly.
• Of 348 cases where the individuals were actually deposed, 47 percent are now paying.
• Of the total noticed to appear and disclose to an administrative agent, 120 entered into voluntary agreements and 68 percent continue to pay.
• Since January 1998, the District Courts have ordered 66 payment agreements after an administrative disclosure; 70 percent continue to pay.
• Forty-nine noncustodial parents who had no apparent ability to pay but were able-bodied were ordered to seek work; 26 percent immediately found work and entered into payment agreements.

Location

Statewide throughout Maine; use of the technique was initially developed in Augusta.

Funding

Regular IV-D funding.

Replication Advice

The ability to begin the process in the administrative arena without the necessity of court action is a plus. The ability to move the case to court for further enforcement action without additional service of process also is advantageous, as is the admissibility in court of transcripts made of the administrative disclosure hearing. Also helpful is a limitation on matters that can be raised at the hearing on the order to appear and disclose; these are limited to the debt and enforceability of the debt. Obligors may not raise modification or paternity issues at this hearing, for example.