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STATE OF MAINE Sagadahoc, ss.

DAVE CORMIER, Petitioner,
v.

Docket No. SAGSC-AP-11-004

MARY MAYHEW, COMMISSIONER STATE OF MAINE DEPARTMENT OF HEALTH & HUMAN SERVICES Respondent

RULE soC DECISION AND ORDER
Petitioner, Dave Cormier, pursuant to M.R. Civ. P SOC, appeals from the denial of his request for a hearing to appeal a December 7, 2010 Order to Withhold and Deliver by the Maine Department of Health and Human Services.
Background

The Petitioner, Mr. Cormier, has been subject to a Maine Department of Health and Human Services ("DHHS") Child Support Order since October 23, 2008. Record

#3,

4.

This Child Support Order has subsequently been modified to reduce his weekly

obligation. Record #3, 2. Regardless, Mr. Cormier was not current in his support obligations as of and prior to January IS, 2011. Record #3, 2. On December 7, 2010, the DHHS Division ofSupport Enforcement and Recovery ("Division") seized funds from Mr. Cormier's bank account pursuant to an Order to Withhold and Deliver. Record #1, 2. On December 23, 2010, Mr. Cormier submitted to the Division a notice of appeal and review affidavit. Record #I, 2. The review affidavit states: I believe the withholding limits in Chapter 6 Section 2 of the DHHS Child Support Manual apply to the funds withheld from by bank account on Dec. 7, 2010. All monies in my bank account are from my

1

employment. I have no other source of income. The Department is already withholding 55% of my income from my paycheck. Record # 1, 2. The affidavit has an attachment in which Mr. Cormier also seeks ( 1) to have DHHS "set aside" its May 2010 order garnishing his bank account on the grounds that the money in that account was protected from attachment by .38 U.S.C.

Download SAGap-11-004.pdf

Maine Law