Legal Question in Family Law in Maine

DHS Support and Recovery Robbery

My husband accepted paternity on a child. We have 2 children that live with us and one more out of state that we support. DHS ordered us to pay above what my disabled husband's benefits already give the child. Our 2 children and myself do not receive anything off his record. His SSD check is below, the below poverty level. We already filed a Motion against the order as it is very unjust leaving a family of 4 to live off that low of an amount. No attorney from the ''legal aid'' will help us with DHS-they state ''it is a conflict of interest'', but we don't have the money to try and find an attorney willing to go against DHS. Any advice would be appreciated-even if it is anonymous. ;-)


Asked on 11/29/04, 4:44 pm

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: DHS Support and Recovery Robbery

My suggestion is that since you must be somewhat comfortable with using the internet to have used Lawguru, go to the State of Maine webpage and access the on-line Maine Statutes. Section 19-A MRSA 2001 through 2011 cover the calculation of child support and modification of child support. There is a section that allows the Judge to deviate from the guidelines (and order less) if certain circumstances are found to exist. It is your burden to show the Judge that the statute applies to your situation and justifies a reduction/elimination of support. These are difficult cases because the Judge will also need to consider the situation of the child whose support you are attempting to reduce.

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Answered on 11/30/04, 8:17 am


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