Family Matters

“Family matters” is a term used to describe cases dealt with in family court, including divorce, parental rights and responsibilities, a motion to modify or enforce a current court order, and/or a motion for contempt. We describe each of these kinds of cases below.

Divorce is the legal process to end a marriage. For more information, see the divorce page on the Maine state courts website.

Parental Rights and Responsibilities is for when you and the child’s other parent are not married, and you want to establish each of your individual parental rights and responsibilities. If you do not have a court order, Maine law presumes parents have equal rights and responsibilities to raise and care for their children. See the parental rights and responsibilities page on the court’s website for more information.

The court’s family separation guide provides a general idea of the court process and the basic legal requirements for a divorce or parental rights case. See also, Court Process in a Family Matters Case.

If you want to start a divorce or parental rights case, the court has created this video, which walks you through how to file a case. The court forms can all be found on the court’s website, except for the Preliminary Injunction form, which you must obtain from the court clerk for $5.

For cases that involve children, the court is required to make certain decisions regarding the children. Those decisions can include things like where the children live, a parent-child contact plan, how decisions about the children are going to be made, and child support. If possible, the court strives to have children spend equal time with each parent and for the parents to make major decisions about the children together. The court uses the best interest of the child factors to make those decisions. For more information, see the court’s decisions about children page as well as this handout.

Child Support. When parents do not live together, often one parent will pay money to the other as child support, whether they are married or not married. Child support is about the right of the child to be financially supported by their parents, not a parent’s right to receive child support from the other parent. For more information on child support and the process, see the Child Support page on the court’s website.

The Maine Department of Health and Human Services’ Division of Support Enforcement has created a child support worksheet and calculator to help you complete the child support worksheet form and calculate child support. The Division of Support Enforcement also offers child support enforcement services. You do not need to have any other involvement with the Department to apply for their support enforcement services or use the child support worksheet and calculator.

Changing or enforcing a court order. A divorce or parental rights and responsibilities order may be changed by filing a motion to modify. If you want to change a divorce order, you can generally only change the parts involving children, child support, or spousal support. If the other party is not following a court order and you want them to, you can file a motion to enforce. To change or enforce an order issued by a court outside of Maine, you will need to register your order with the Maine court’s before filing a motion to modify or enforce. For more information on how to modify, enforce, or register your court order, see the Changing or Enforcing a Final Order in a Family Matters Case page on the court’s website. The court’s family separation guide also includes a section on modifying or enforcing a court order.

Motion for Contempt is a more serious alternative to a motion to enforce. It’s also used for when the other party is not following a court order and you want them to, but the consequences of being found in contempt can include things like a fine or jail time. For more information, see the court’s Changing or Enforcing a Final Order in a Family Matters Case page and/or their family separation guide.

Going to court. If you are scheduled to go to court and are unsure of what to expect, see the court’s Court Process in a Family Matters Case page. See also their Changing or Enforcing a Final Order in a Family Matters Case. If you are representing yourself at a hearing, we have created a Tips for Representing Yourself At A Hearing In A Family Matters Case handout.