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Maine State Paternity Laws

posted by DNA Identifiers @ 3:44 PM
Friday, July 24, 2009

maine

The below information is a general guide to Maine State Paternity Laws. Please conduct further research on your state laws for current or updated information or contact a family attorney for professional legal advice. For information on state collection locations, click here.

Link: Office of Integrated Access and Support

Link: Paternity In Maine (Pine Tree Legal Assistance/Maine Judicial Branch )

Required Probability of Paternity for Maine Courts: 97%

Required Paternity Index: None at this time

Current Maine Paternity Law: Section 1553 & 1616

§1553. Enforcement

Paternity may be determined upon the complaint of the mother, the alleged father, the child or the public authority chargeable by law with the support of the child. If paternity has been determined or has been acknowledged according to the laws of this State, the liabilities of the father may be enforced in the same or other proceedings by the mother, the child or the public authority that has furnished or may furnish the reasonable expenses of pregnancy, confinement, education, support or funeral expenses, and by other persons, including private agencies, to the extent that they have furnished the reasonable expenses of pregnancy, confinement, education, support or funeral expenses. Bills and records of expenses paid for pregnancy, child birth and genetic testing are admissible as evidence without requiring 3rd-party foundation testimony and are prima facie evidence of amounts incurred for those services or for testing on behalf of the child. Chapter 63 applies to an award of past support, which is calculated by applying the current child support guidelines to the period for which past support is owed. [1997, c. 537, §16 (AMD); 1997, c. 537, §62 (AFF).]

In execution of the powers given the court under this subchapter, the court may employ any compulsory process that it determines proper, by execution, attachment or other effectual form, on which costs are taxed as in other actions. The court may enforce a support order established under this subchapter as provided in chapter 65. A determination or modification of child support under this section must comply with chapter 63. [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). 1997, c. 537, §16 (AMD). 1997, c. 537, §62 (AFF).

§1616. Voluntary acknowledgment of paternity

(REALLOCATED FROM TITLE 19-A, SECTION 1615)
1. Legal finding of paternity. A signed voluntary acknowledgment of paternity is a legal finding of paternity, subject to the right of a signatory to rescind the acknowledgment within the earlier of 60 days or the date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a support order, in which the signatory is a party. After the right to rescind ends, the acknowledgment may be challenged in court only on the basis of fraud, duress or material mistake of fact with the burden of proof on the challenger and under which the legal responsibilities of a signatory arising from the acknowledgment, including child support obligations, may not be suspended during the challenge except for good cause shown.
[ RR 1997, c. 1, §15 (RAL) .]
2. Notice. Before a mother and putative father may sign an acknowledgment of paternity, the mother and the putative father must be given oral and written notice of the alternatives to, the legal consequences of and the rights and responsibilities that arise from signing the acknowledgment.
[ RR 1997, c. 1, §15 (RAL) .]
3. Full faith and credit. The State shall give full faith and credit to an acknowledgment of paternity signed in any other state according to that state’s procedures.
[ RR 1997, c. 1, §15 (RAL) .]
4. Bar on acknowledgment ratification proceedings. Legal proceedings are not required or permitted to ratify an unchallenged acknowledgment of paternity.
[ RR 1997, c. 1, §15 (RAL) .]

SECTION HISTORY

RR 1997, c. 1, §15 (RAL).

Link: Maine Section 1553

Link: Maine Section 1616
This information is a general guide. Research your state laws for current information or contact a family attorney.

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