LIMITATIONS ON CHILD SUPPORT COLLECTORS

Maine law places certain limitations on any person or entity (including an attorney), other than the Department of Health and Human Services, who seeks to collect child support debt on behalf of another.  If the debt collector provides the child support collection services on a contingent fee basis, then the contingent fee can only be based on the amount of the child support debt owed at the time that the contingent fee agreement is entered into.  Contingent fees cannot be charged for collecting current or future child support payments nor can collection fees be charged for any child support payments collected primarily through the efforts of a governmental agency.

Whether the collection services are provided on a contingent fee basis or on some other basis, such as hourly or flat fee, the collection agreement must be in a writing which is dated and signed by the person who is owed the past due child support.  The collection agreement must contain a full and detailed description of the services to be performed for the support obligee and the terms and conditions of payment. The collection agreement may not contain a penalty for termination at any time by the person who is owed child support.  The statute which imposes all of these restrictions on child support collectors can be found at 19-A M.R.S. § 2109.

Lastly, Maine law provides that child support collectors are subject to the provisions of the Maine Fair Debt Collections Practices Act.

The creditors rights attorneys at Gosselin & Dubord, P.A. are experienced litigators who have successfully prosecuted child support collection cases.  If you have any questions regarding collection of past due child support or need representation in connection with any creditor matter in Maine, please contact Attorney David R. Dubord at 207-783-5261, extension 212 or drd@gosselindubord.com.