M.R. Civ. P. 108

(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. If no responsive

pleading is required, the responding party shall file a completed child support

affidavit no later than 21 days after the responding party is served with the

complaint, petition, or motion.

(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, each of 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. Each party shall file his or her financial statement within 21 days

after the issuance of the Family Division Scheduling Order or three business

days before mediation, whichever is earlier.

(d) Miscellaneous requirements.

(1) Forms for Filings. Each party must file his or her financial

statement, child support affidavit, and child support worksheet on

court-approved forms that are published by the court.

(2) Signature Under Oath. Each party must sign his or her child

support affidavit and financial statement under oath.

(3) Privacy of Financial Statements. The court shall keep each

financial statement or child support affidavit filed separate from other papers

in the case and shall not permit those documents to be available for public

inspection. Those documents 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 7 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) Notwithstanding a party’s failure to file a child support

affidavit, the court shall enter a child support order within 63 days after the

case management conference unless the parties demonstrate that the

child(ren)’s needs are being met. 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:

(i) The statutory minimum wage for a 40-hour work week;

(ii) Maine Department of Labor statistics;

(iii) An affidavit submitted by or testimony of the opposing party;

or

(iv) 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.