§ Rule 108 Child Support Affidavits and Worksheets, Financial Statements, and Real Estate Certificates
Rule 108. Child Support Affidavits and Worksheets, Financial Statements, and Real Estate Certificates
(a) Child Support Affidavits.
(1) In any proceeding under this chapter in which child support is an issue, the parties shall exchange and file child support affidavits. Except for actions initiated by the Department of Health and Human Services, the party initiating the action shall serve and file a completed child support affidavit with the complaint, petition or motion. The responding party shall file a completed child support affidavit with the response or appearance but no later than the case management conference.
(2) If the Department of Health and Human Services seeks to initiate or modify a support order and is unable to secure the affidavit of a custodial parent who is in receipt of public assistance, the Department may submit an affidavit based upon its information and belief regarding the custodial parent's income.
(b) Child Support Worksheets. In any proceeding under this chapter in which child support is an issue, the court may, at any time, order the parties to file child support worksheets.
(c) Financial Statements. In any divorce or judicial separation action in which there is a dispute about either a division of property or an award of spousal support or counsel fees, the parties shall exchange and file a financial statement showing the assets, liabilities, and current income and expenses of both parties and indicating separately all marital and nonmarital property. The financial statement shall be filed within 21 days of the Family Division Scheduling Order or before mediation, whichever is earlier.
(d) Miscellaneous requirements.
(1) Forms for Filings. Financial statements, child support affidavits and child support worksheets shall be filed on court-approved forms that are published by the court.
(2) Signature Under Oath. All child support affidavits and financial statements shall be signed by the party under oath.
(3) Privacy of Financial Statements. Any financial statement or child support affidavit filed shall be kept separate from other papers in the case and shall not be available for public inspection, but shall be available, as necessary, to the court, the attorneys whose appearances are entered in the case, the parties to the case, their expert witnesses, and public agencies charged with responsibility for the collection of support.
(4) Updated Statements.. The parties shall update child support affidavits and financial statements 7 days before trial and file the updated statements with the court.
(e) Real Estate Certificates. In every divorce action in which any party has an interest in real estate, the parties shall file with the court, at least 3 days before the hearing, the following information on the court approved form: the book and page numbers of an instrument describing the real estate; the applicable Registry of Deeds; and the town, county and state where the real estate is located.
(f) Sanctions.
(1) If a party fails to file any child support affidavit, child support worksheet, financial statement, or real estate certificate required by these rules, the court may make such orders in regard to such failure as are just, including imposition of sanctions, as appropriate, including but not limited to sanctions set forth in Rule 37(b)(2). However, a magistrate may not impose any sanctions or penalties based upon a determination of contempt under Rule 66.
(2) A child support order shall be entered notwithstanding a party's failure to file a child support affidavit. If a party fails to file a child support affidavit without good cause, the court may take any of the following actions:
A. Set that party's gross income in accordance with:
(1) The statutory minimum wage for a 40-hour work week;
(2) Maine Department of Labor statistics;
(3) An affidavit submitted by or testimony of the opposing party; or
(4) Information included in that party's most recent federal income tax return.
B. Enter an order requiring that party to release all requested information to the court. Failure to comply with the order may result in a finding of contempt punishable by a fine or jail sentence.
C. Award attorney fees.